[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 179 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 179

                      To prevent gun trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2013

  Mrs. Gillibrand (for herself and Mr. Kirk) introduced the following 
    bill; which was read twice and 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.--It shall be unlawful for any person, regardless of 
whether anything of value is exchanged--
            ``(1) 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 use, carry, possession, or 
        disposition of the firearm 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;
            ``(2) 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;
            ``(3) to make false statements regarding an actual buyer 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; or
            ``(4) to direct, promote, or facilitate conduct specified 
        in paragraphs (1), (2), or (3).
    ``(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, or conspires to 
        violate, subsection (a) 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.
    ``(d) Definitions.--In this subsection--
            ``(1) the term `actual buyer' means the individual for whom 
        the firearm is being purchased, as described in paragraph 
        (1)(C); and
            ``(2) 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.''.
    (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) Requirements.--In carrying out this section, the 
        Commission shall--
                    (A) 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; and
                    (B) review and amend, if appropriate, the 
                guidelines and policy statements to reflect the intent 
                of Congress that guideline penalties for violations of 
                section 932 of title 18, United States Code, and 
                similar offenses be increased substantially when 
                committed by a person who is a member of a gang, 
                cartel, organized crime ring, or other such enterprise 
                or in concert with another person who is a member of a 
                gang, cartel, organized crime ring or other such 
                enterprise.
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