[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 658 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 658

  To amend title 18, United States Code, to prohibit gunrunning, and 
 provide mandatory minimum penalties for crimes related to gunrunning.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 1997

 Mr. Torricelli (for himself and Mr. Durbin) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to prohibit gunrunning, and 
 provide mandatory minimum penalties for crimes related to gunrunning.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Kingpin Penalty Act''.

SEC. 2. PROHIBITION AGAINST GUNRUNNING.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (x) the following:
    ``(y) It shall be unlawful for a person not licensed under section 
923 to ship or transport, or conspire to ship or transport, 5 or more 
firearms from a State into another State during any period of 12 
consecutive months, with the intent to transfer all of such firearms to 
another person who is not so licensed.''.

SEC. 3. MANDATORY MINIMUM PENALTIES FOR CRIMES RELATED TO GUNRUNNING.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p)(1)(A)(i) Whoever violates section 922(y) shall, except as 
otherwise provided in this subsection, be imprisoned not less than 3 
years, and may be fined under this title.
    ``(ii) In the case of a person's second or subsequent violation 
described in clause (i), the term of imprisonment shall be not less 
than 5 years.
    ``(B) If a firearm which is shipped or transported in violation of 
section 922(y) is used subsequently by the person to whom shipped or 
transported, or by any person within 3 years after the shipment or 
transportation, in an offense in which a person is killed or suffers 
serious bodily injury, the term of imprisonment for the violation shall 
be not less than 10 years.
    ``(C) If more than 50 firearms are the subject of a violation of 
section 922(y), the term of imprisonment for the violation shall be not 
less than 15 years.
    ``(D) If more than 50 firearms are the subject of a violation of 
section 922(y) and 1 of the firearms is used subsequently by the person 
to whom shipped or transported, or by any person within 3 years after 
the shipment or transportation, in an offense in which a person is 
killed or suffers serious bodily injury, the term of imprisonment for 
the violation shall be not less than 25 years.
    ``(2) Notwithstanding any other provision of law, the court shall 
not impose a probationary sentence or suspend the sentence of a person 
convicted of a violation of this subsection, nor shall any term of 
imprisonment imposed on a person under this subsection run concurrently 
with any other term of imprisonment imposed on the person by a court of 
the United States.''.

SEC. 4. CRIMES RELATED TO GUNRUNNING MADE PREDICATE OFFENSES UNDER 
              RICO.

    Section 1961(1)(B) of title 18, United States Code, is amended by 
inserting ``section 922(a)(1)(A) (relating to unlicensed importation, 
manufacture, or dealing in firearms), section 922(a)(3) (relating to 
interstate transportation or receipt of firearm), section 922(a)(5) 
(relating to transfer of firearm to person from another State), or 
section 922(a)(6) (relating to false statements made in acquisition of 
firearm or ammunition from licensee), section 922(d) (relating to 
disposition of firearm or ammunition to a prohibited person), section 
922(g) (relating to receipt of firearm or ammunition by a prohibited 
person), section 922(h) (relating to possession of firearm or 
ammunition on behalf of a prohibited person), section 922(i) (relating 
to transportation of stolen firearm or ammunition), section 922(j) 
(relating to receipt of stolen firearm or ammunition), section 922(k) 
(relating to transportation or receipt of firearm with altered serial 
number), section 922(y) (relating to gunrunning), section 924(b) 
(relating to shipment or receipt of firearm for use in a crime),'' 
before ``section 1028''.

SEC. 5. ENFORCEMENT.

    The Secretary of the Treasury may hire and employ 200 personnel, in 
addition to any personnel hired and employed by the Department of the 
Treasury under other law, to enforce the amendments made by this Act, 
notwithstanding any limitations imposed by or under the Federal 
Workforce Restructuring Act.
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