II 110th CONGRESS 2d Session S. 3634 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.

1.

Short title

This Act may be cited as the End Gun Trafficking Act of 2008.

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.

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.

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.

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.