[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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