[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4298 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4298
To prevent gun trafficking in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2009
Mrs. McCarthy of New York (for herself, Mr. Towns, Mr. Moran of
Virginia, Ms. Jackson-Lee of Texas, Mrs. Maloney, Mr. Serrano, Mr.
McGovern, and Mr. Quigley) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent gun trafficking in the United States.
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 Trafficking Prevention Act of
2009''.
SEC. 2. FINDINGS.
Congress finds and declares that--
(1) in the United States, the black market is the source
for guns used in more than 90 percent of gun crimes;
(2) nearly 90 percent of the guns used in gun crimes in New
York City, New York come from other States;
(3) according to the Federal Bureau of Investigation, in
2008, in the United States, \2/3\ of all murders committed
resulted from the use of a firearm, and 2,364 people under the
age of 22 were murdered with a firearm;
(4) the Bureau of Alcohol, Tobacco, Firearms and Explosives
(in this section referred to as the ``ATF'') crime gun trace
reports show that only about 1 percent of licensed firearms
arms dealers supply nearly 60 percent of crime gun traces;
(5) ATF has found that Straw Purchasers are the largest
source of guns trafficked into the illegal market;
(6) then Acting ATF Director Michael J. Sullivan's April
19, 2007, testimony to the Senate Appropriations Subcommittee
on Commerce, Justice, Science, and Related Agencies, named as
``significant regional, national and international trafficking
corridors''--
(A) the Southwest Border;
(B) the I-95 corridor between Miami and Boston;
(C) Northern rural Mississippi to Chicago;
(D) Northern Indiana to Chicago;
(E) the triangle between Los Angeles, Las Vegas and
Phoenix; and
(F) Birmingham to Chicago;
(7) there are approximately 2500 agents, and 600 Industry
Operator Investigators (in this section referred to as the
``IOI'') for the 115,000 Federal Firearm Licensees in the
United States;
(8) the average cycle of inspection is 7 to 10 years; and
(9) ATF needs more resources to prevent guns from falling
into the hands of those persons not legally allowed to possess
them.
SEC. 3. TRAFFICKING IN FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting at the end the following:
``Sec. 932. Trafficking in firearms
``(a) In General.--
``(1) Offense.--It shall be unlawful for any person
knowingly, regardless of whether anything of value is
exchanged--
``(A) to ship, transport, transfer, or otherwise
dispose to a person, 2 or more firearms in or affecting
interstate or foreign commerce, if the transferor knows
or has reasonable cause to believe that such
disposition would be in violation of, or would result
in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(B) to receive from a person, 2 or more firearms
in or affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that
such receipt would be in violation of, or would result
in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(C) except a licensed importer, licensed
manufacturer, or licensed dealer, to make materially
false statements to a licensed importer, licensed
manufacturer, or licensed dealer, relating to the
purchase, receipt, or acquisition from a licensed
importer, licensed manufacturer, or licensed dealer of
2 or more firearms that have moved in or affected
interstate or foreign commerce, for the person, or for
or on behalf of any other person; or
``(D) to direct, promote, or facilitate conduct
specified in subparagraph (A), (B), or (C).
``(2) Penalty.--Any person who violates this section shall
be fined under this title, imprisoned not more than 20 years,
or both.
``(3) Application.--
``(A) Affirmative defense.--It is an affirmative
defense to any prosecution for a violation of
subparagraph (A) or (B) of paragraph (1) of this
subsection or a violation of paragraph (1)(D) of this
subsection that relates to conduct specified in
subparagraph (A) or (B) of paragraph (1) that the
firearm at issue was transferred only after a
background check on the actual buyer pursuant to
section 922(t) indicated that the actual buyer's
receipt of the firearm would not violate section 922(g)
or (n) or State law.
``(B) Definitions.--In this subsection--
``(i) the term `term of imprisonment
exceeding 1 year' does not include any offense
classified by such jurisdiction as a
misdemeanor and punishable by a term of
imprisonment of 2 years or less; and
``(ii) the term `actual buyer' means the
individual for whom the firearm is being
purchased, as described in paragraph (1)(C).
``(C) Purchase.--Paragraph (1) shall not apply to a
firearm that is--
``(i) lawfully acquired by a person to be
given to another person not prohibited from
possessing a firearm under Federal, State, or
local law as a gift; or
``(ii) lawfully received or otherwise
acquired by a court-appointed trustee,
receiver, or conservator for, or on behalf of,
an estate or creditor or by a person to carry
out a bequest, or an acquisition by intestate
succession under the laws of the State of
residence of the person.
``(b) Sentencing Guidelines Enhancements.--Pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Federal Sentencing
Guidelines to provide for an appropriate increase in the offense level
for each of the following violations of this section, if the offense
involves the shipping, transporting, transferring, disposing of, or
receiving--
``(1) more than 4, but fewer than 15 firearms;
``(2) more than 14, but fewer than 25 firearms;
``(3) more than 24 but fewer than 100 firearms; and
``(4) 100 or more firearms.
``(c) Organizer.--If a violation of subsection (a) is committed by
a person in concert with 5 or more other persons with respect to whom
such person occupies a position of organizer, a supervisory position,
or any other position of management, that person may be sentenced to an
additional term of imprisonment of not more than 5 consecutive years.
``(d) Conspiracy.--Any person who attempts or conspires to commit
any offense defined in this section may be subject to the same
penalties, including those under subsections (b) and (c), as those
prescribed for the completed offense.''.
(b) Technical and Conforming Amendment.--The table of sections of
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Trafficking in firearms.''.
SEC. 4. CRACKING DOWN ON CORRUPT GUN DEALERS.
(a) In General.--Section 923 of title 18, United States Code, is
amended by striking subsections (e) and (f) and inserting the
following:
``(e)(1) If the holder of a license issued under this section
knowingly violates any provision of this chapter, chapter 53 of the
Internal Revenue Code of 1986, the Arms Export Control Act (22 U.S.C.
2751 et seq.), or section 1001 of this title, or any rule or regulation
as prescribed by the Attorney General, the Attorney General may--
``(A) assess on the licensee a civil penalty of not more
than $2,500; and
``(B) suspend for not more than 6 months, or revoke, any
license issued under this section.
``(2)(A) Except as provided in subparagraph (B), the Attorney
General may, after notice and opportunity for hearing, assess a civil
penalty on, or suspend or revoke any license issued to, a licensee
under this section, if the licensee fails to have secure gun storage or
safety devices available at any place in which firearms are sold under
the license to persons who are not licensees.
``(B) Subparagraph (A) shall not apply in any case in which a
secure gun storage or safety device is temporarily unavailable because
of theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of the
licensee, the dealer shall not be considered to be in violation of the
requirement to make available such a device.
``(3) The Attorney General may, after notice and opportunity for
hearing, assess a civil penalty on, or suspend or revoke the license of
a dealer who knowingly transfers armor piercing ammunition.
``(4) The Attorney General may suspend or revoke any license issued
under this section if the holder of the license has been indicted for
knowingly violating any provision of this chapter, chapter 53 of the
Internal Revenue Code of 1986, the Arms Export Control Act (22 U.S.C.
2751 et seq.), or section 1001 of this title in a manner that could
create a threat to public safety.
``(f)(1) Any person whose application for a license is denied and
any holder of a license which is suspended or revoked or who is
assessed a civil penalty shall receive written notice from the Attorney
General stating specifically the grounds upon which the application was
denied or upon which the license was suspended or revoked or the civil
penalty assessed. Any notice of a fine, suspension, or revocation of a
license shall be given to the holder of the license not less than 14
days before the effective date of the suspension, revocation, or
imposition of a civil penalty, unless the Attorney General determines
that good cause exists to waive such notification requirement, in which
case notification shall be given as soon as practicable.
``(2) If the Attorney General denies an application for a license,
or suspends or revokes a license, or assesses a civil penalty, the
Attorney General shall, upon request by the aggrieved party, promptly
hold a hearing to review the denial, suspension, revocation, or
assessment. A hearing under this paragraph shall be held at a location
convenient to the aggrieved party and shall be conducted pursuant to
chapter 5 of title 5.
``(3) If, after a hearing held under paragraph (2), the Attorney
General decides not to reverse the decision to deny an application or
suspend or revoke a license or assess a civil penalty, the Attorney
General shall give notice in writing of the decision to the aggrieved
party. The aggrieved party may at any time within 60 days after the
date of notice is given under this paragraph file a petition with the
United States district court for the district in which the party
resides or in which the party's principal place of business is located
for judicial review of the denial, suspension, revocation, or
assessment. Such judicial review shall be conducted pursuant to chapter
7 of title 5. If the court decides that the Attorney General was not
authorized to deny the application or to suspend or revoke the license
or to assess the civil penalty, the court shall order the Attorney
General to take such action as may be necessary to comply with the
judgment of the court.''.
(b) Technical and Conforming Amendments.--
(1) Section 925 of title 18.--Section 925 of title 18,
United States Code, is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c), (d), (e), and
(f) as subsections (b), (c), (d), and (e),
respectively; and
(C) in subsection (e), as redesignated, by striking
``under subsection (d)'' and inserting ``under
subsection (c)''.
(2) Section 922 of title 18.--Section 922(d) of title 18,
United States Code, is amended in the matter following
paragraph (9)--
(A) by striking ``subsection (b) of section 925''
and inserting ``section 923(e)(4)''; and
(B) by striking ``subsection (c)'' and inserting
``subsection (b)''.
(3) Arms export and control act.--Section 38(b)(1)(B)(i) of
the Arms Export and Control Act (22 U.S.C. 2778(b)(1)(B)(i)) is
amended by striking ``section 925(e)'' and inserting ``section
925(d)''.
(4) Atomic energy act of 1954.--Section 161A of the Atomic
Energy Act of 1954 (42 U.S.C. 2201a) is amended by striking
``section 925(d)(3)'' and inserting ``section 925(c)(3)''.
SEC. 5. CHANGE THE STANDARD FOR GUN SELLER FEDERAL FIREARMS LICENSE
APPROVAL.
Section 923(d)(1) of title 18, United States Code, is amended--
(1) in subparagraph (C), by striking ``willfully'' and
inserting ``knowingly''; and
(2) in subparagraph (D), by striking ``willfully'' and
inserting ``knowingly''.
SEC. 6. STRENGTHEN PENALTIES FOR RECORD-KEEPING VIOLATIONS.
Section 924(a)(3) of title 18, United States Code, is amended by
striking ``one year'' and inserting ``3 years''.
SEC. 7. CRACKING DOWN ON HIGH RISK GUN DEALERS.
Section 923 of title 18, United States Code is amended by adding
the following:
``(m)(1) At least once every year, the Attorney General shall
identify licensed firearms dealers who have a heightened risk of
firearms being diverted to criminal use based on criteria determined by
the Attorney General which may include 2 or more of the following:
``(A) Short time-to-crime for crime guns traced to a
dealer.
``(B) Incomplete crime gun trace results for firearms sold
by a dealer.
``(C) Significant or frequently reported firearm losses or
thefts by a dealer.
``(D) Violations of Federal firearms laws by a dealer.
``(E) Any additional criteria determined by the Attorney
General.
``(2)(A) The Attorney General may impose special conditions on
dealers determined to be subject to a heightened risk of diversion
under paragraph (1) after written notice 14 days in advance,
including--
``(i) inspection or examination of inventory and records,
notwithstanding subsection (g)(1)(B);
``(ii) requirements that the dealer secure firearms at its
business premises in a manner to be determined by the Attorney
General;
``(iii) mandatory inventory check and reconciliation of
firearms at the business premises by the dealer in a manner to
be determined by the Attorney General and notwithstanding any
other provision of Federal law;
``(iv) notwithstanding section 922(t)(1)(B)(ii), a
requirement that the dealer not complete firearm sales or
transfers until the national instant criminal background check
system has informed the dealer that the sale or transfer may
proceed; and
``(v) require that the dealer and employees undergo special
training in how to avoid illegal sales.
``(B) Conditions may be imposed on a dealer identified as a high-
risk dealer under this paragraph for no longer than 1 year, unless the
Attorney General determines that the dealer continues to have a
heightened risk of firearms being diverted to criminal use. The
Attorney General shall notify the dealer in writing of any such
conditions imposed on such dealer.
``(3) After the Attorney General has identified a dealer as a high-
risk dealer and has imposed conditions on that dealer, a knowing
violation by the dealer of any condition imposed under this subsection
shall be considered a willful violation of this chapter, for the
purposes of section 924(a)(1)(D).
``(4)(A) Any dealer identified as a high-risk dealer under
paragraph (1) may challenge the designation by requesting a hearing in
writing to review within 60 days after notice of such designation.
``(B) If after a hearing held under subparagraph (A) the Attorney
General decides not to reverse the designation of the dealer as a high-
risk dealer, the Attorney General shall give notice of the decision to
the dealer. The dealer may at any time within 60 days after the date
notice is given under this subparagraph file a petition with the United
States district court for the district in which the party resides or in
which the party's principal place of business is located for judicial
review of the Attorney General's designation. Such judicial review
shall be conducted pursuant to chapter 7 of title 5.
``(5) Nothing in this subsection shall be construed to limit the
authority of the Attorney General under section 926.''.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON LOST AND STOLEN
FIREARMS.
(a) Definitions.--For the purposes of this section, the term
``firearm''--
(1) means any weapon which will or is designed to or may
readily be converted to expel a projectile by the action of an
explosive and the frame or receiver of any such weapon; and
(2) does not include an antique firearm, as defined in
section 921 of title 18, United States Code.
(b) Study.--The Comptroller General of the United States shall
conduct a study on firearms in the United States that are lost or
stolen during commercial shipping, including--
(1) determining the number of firearms that are lost or
stolen during commercial shipping on average per year;
(2) identifying how firearms are being lost or stolen
during commercial shipping;
(3) what efforts, if any, to reduce the number of firearms
that are lost or stolen during commercial shipping are being
made by--
(A) Federal law enforcement agencies;
(B) firearm manufacturers;
(C) firearm dealers; and
(D) shipping companies that transport firearms; and
(4) the role that firearms lost or stolen during commercial
shipping play in interstate and international gun trafficking.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report that contains--
(1) the results of the study required under subsection (a);
and
(2) recommendations for how to reduce the number of
firearms that are lost or stolen during commercial shipping.
SEC. 9. AUTHORITY TO HIRE PERSONNEL TO ADDRESS TRAFFICKING IN FIREARMS.
(a) In General.--The Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives may hire additional personnel sufficient for a
firearms trafficking team of additional agents, Industry Operations
Investigators, and analysts that would enable the average inspections
rate of gun dealers to operate on a 3-year inspection cycle.
(b) Authority To Hire Personnel To Address Trafficking in
Firearms.--
(1) In general.--The Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives shall hire 500 additional
Industry Operations Investigators and 1000 additional Special
Agents, subject to the availability of appropriations, for the
purpose of addressing trafficking in firearms, as described in
section 932 of title 18, United States Code, as added by this
Act.
(2) Authority.--There are authorized to be appropriated for
the hiring and maintenance of 500 additional Industry
Operations Investigators and 1000 additional Special Agents--
(A) $65,593,500 for fiscal year 2011, to hire 125
Industry Operations Investigators and 250 Special
Agents;
(B) $153,735,425 for fiscal year 2012, to hire 125
Industry Operations Investigators and 250 Special
Agents;
(C) $268,199,200 for fiscal year 2013, to hire 125
Industry Operations Investigators and 250 Special
Agents; and
(D) $387,741,186 for fiscal year 2014, to hire 125
Industry Operations Investigators and 250 Special
Agents.
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