[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3634 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3634

  To reduce gun trafficking by prohibiting bulk purchases of handguns.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

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

_______________________________________________________________________

                                 A BILL


 
  To reduce gun trafficking by prohibiting bulk purchases of handguns.

    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 ``End Gun Trafficking Act of 2008''.

SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR PURCHASES.

    (a) Prohibition.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(aa) Prohibition Against Multiple Handgun Sales or Purchases.--
            ``(1) Sale.--It shall be unlawful to sell or otherwise 
        dispose of a handgun that has been shipped or transported in 
        interstate or foreign commerce to any person who is not 
        licensed under section 923 knowing or having reasonable cause 
        to believe that such person purchased a handgun during the 30-
        day period ending on the date of such sale or disposition.
            ``(2) Purchase.--It shall be unlawful for any person who is 
        not licensed under section 923 to purchase more than 1 handgun 
        that has been shipped or transported in interstate or foreign 
        commerce during any 30-day period.
            ``(3) Exceptions.--Paragraphs (1) and (2) shall not apply 
        to--
                    ``(A) exchange of 1 handgun for 1 handgun;
                    ``(B) the transfer to or purchase by the United 
                States, a department or agency of the United States, a 
                State, or a department, agency, or political 
                subdivision of a State, of a handgun;
                    ``(C) the transfer to or purchase by a law 
                enforcement officer employed by an entity referred to 
                in subparagraph (B) of a handgun for law enforcement 
                purposes (whether on or off duty);
                    ``(D) the transfer to or purchase by a rail police 
                officer employed by a rail carrier and certified or 
                commissioned as a police officer under the laws of a 
                State of a handgun for law enforcement purposes 
                (whether on or off duty); or
                    ``(E) the transfer or purchase of a handgun listed 
                as a curio or relic by the Attorney General pursuant to 
                section 921(a)(13).''.
    (b) Penalties.--Section 924(a)(2) of title 18, United States Code, 
is amended by striking ``or (o)'' and inserting ``(o), or (aa)''.
    (c) Conforming Amendments.--Chapter 44 of title 18, United States 
Code, is amended--
            (1) in section 922(t)--
                    (A) in paragraph (1)(B)(ii), by striking ``(g) or 
                (n)'' and inserting ``(g), (n), or (aa)(2)'';
                    (B) in paragraph (2), by striking ``(g) or (n)'' 
                and inserting ``(g), (n), or (aa)(2)'';
                    (C) in paragraph (4), by striking ``(g) or (n)'' 
                and inserting ``(g), (n), or (aa)(2)''; and
                    (D) in paragraph (5), by striking ``(g) or (n)'' 
                and inserting ``(g), (n), or (aa)(2)''; and
            (2) in section 925A, by striking ``(g) or (n)'' and 
        inserting ``(g), (n), or (aa)(2)''.
    (d) Eliminate Multiple Sales Reporting Requirement.--Section 923(g) 
of title 18, United States Code, is amended by striking paragraph (3).
    (e) Authority To Issue Rules and Regulations.--The Attorney General 
shall prescribe any rules and regulations as are necessary to ensure 
that the national instant criminal background check system is able to 
identify whether receipt of a handgun by a prospective transferee would 
violate section 922(aa) of title 18, United States Code.

SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE STATEMENTS IN 
              CONNECTION WITH FIREARMS.

    Section 924(a)(3) of title 18, United States Code, is amended in 
the matter following subparagraph (B) by striking ``one year'' and 
inserting ``5 years''.

SEC. 4. RETENTION OF RECORDS.

    (a) Retention of Records.--Section 922(t)(2)(C) of title 18, United 
States Code, is amended by inserting ``not less than 180 days after the 
transfer is allowed,'' before ``destroy''.
    (b) Repeals.--
            (1) Fiscal year 2004.--Section 617 of division B of the 
        Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 
        Stat. 95) is amended--
                    (A) by striking ``(a)'';
                    (B) by striking ``for--'' and all that follows 
                through ``(1)'' and inserting ``for''; and
                    (C) by striking ``; and'' and all that follows and 
                inserting a period.
            (2) Fiscal year 2005.--Section 615 of division B of the 
        Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 
        Stat. 2915) is amended--
                    (A) by striking ``for--'' and all that follows 
                through ``(1)'' and inserting ``for''; and
                    (B) by striking ``; and'' and all that follows and 
                inserting a period.
            (3) Fiscal year 2006.--Section 611 of the Science, State, 
        Justice, Commerce, and Related Agencies Appropriations Act, 
        2006 (Public Law 109-108; 119 Stat. 2336) is amended--
                    (A) by striking ``for--'' and all that follows 
                through ``(1)'' and inserting ``for''; and
                    (B) by striking ``; and'' and all that follows and 
                inserting a period.
            (4) Fiscal year 2008.--Section 512 of division B of the 
        Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 
        Stat. 1926) is amended--
                    (A) by striking ``for--'' and all that follows 
                through ``(1)'' and inserting ``for''; and
                    (B) by striking ``; and'' and all that follows and 
                inserting a period.

SEC. 5. REVISED DEFINITION.

    Section 921(a)(21)(C) of title 18, United States Code, is amended 
by inserting ``, except that such term shall include any person who 
transfers more than 1 handgun in any 30-day period to a person who is 
not a licensed dealer'' before the semicolon.
                                 <all>