[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 452 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 452

                      To prevent gun trafficking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2013

   Mrs. Carolyn B. Maloney of New York (for herself, Mr. Rigell, Mr. 
  Meehan, and Mr. Cummings) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                      To prevent gun trafficking.

    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 
2013.''.

SEC. 2. FIREARMS TRAFFICKING.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
    ``(a) Offenses.--Except as provided in subsection (b), it shall be 
unlawful for any person, in or affecting interstate commerce,--
            ``(1) to purchase, attempt to purchase, or transfer a 
        firearm, with the intent to deliver the firearm to another 
        person who the transferor knows, or has reasonable cause to 
        believe, is prohibited by Federal or State law from possessing 
        a firearm;
            ``(2) in purchasing, attempting to purchase, or 
        transferring a firearm, to intentionally provide false or 
        misleading material information on a Bureau of Alcohol, 
        Tobacco, Firearms, and Explosives firearms transaction record 
        form; or
            ``(3) to knowingly direct, promote, or facilitate conduct 
        that violates paragraph (1) or (2).
    ``(b) Gift Exceptions.--Subsection (a) shall not apply to a firearm 
that is--
            ``(1) lawfully acquired by a person to be given to another 
        person not prohibited from possessing a firearm under Federal 
        or State law as a gift; or
            ``(2) 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.
    ``(c) Penalties.--
            ``(1) In general.--Any person who violates this section 
        shall be fined under this title, imprisoned for not more than 
        20 years, or both.
            ``(2) Organizer enhancement.--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, such person may be sentenced to an additional term 
        of imprisonment of not more than 5 consecutive years.
            ``(3) Conspiracy.--Any person who conspires to commit an 
        offense described in this section shall be fined under this 
        title, imprisoned for not more than 10 years, or both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by adding at the 
end the following:

``932. Trafficking in firearms.''.
    (c) Directive to the Sentencing Commission.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall review and, if appropriate, amend 
        the Federal sentencing guidelines and policy statements 
        applicable to persons convicted of offenses under section 932 
        of title 18, United States Code (as added by subsection (a)).
            (2) Requirement.--In carrying out this section, the 
        Commission shall review the penalty structure that the 
        guidelines currently provide based on the number of firearms 
        involved in the offense and determine whether any changes to 
        that penalty structure are appropriate in order to reflect the 
        intent of Congress that such penalties reflect the gravity of 
        the offense.
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