[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 730 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 40
113th CONGRESS
  1st Session
                                 S. 730

 To prevent criminals from obtaining firearms through straw purchasing 
                            and trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2013

 Mr. Cruz (for himself and Mr. Heller) introduced the following bill; 
                     which was read the first time

                             April 16, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To prevent criminals from obtaining firearms through straw purchasing 
                            and 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 ``Firearm Straw Purchasing and 
Trafficking Prevention Act''.

SEC. 2. STRAW PURCHASING OF FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 924(c)(3);
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2); and
            ``(3) the term `Federal crime of terrorism' has the meaning 
        given that term in section 2332b(g).
    ``(b) Offense.--It shall be unlawful for any person to--
            ``(1) purchase or otherwise obtain a firearm, which has 
        been shipped, transported, or received in interstate or foreign 
        commerce, for or on behalf of any other person who the person 
        purchasing or otherwise obtaining the firearm knows--
                    ``(A) is prohibited from possessing or receiving a 
                firearm under subsection (g) or (n) of section 922;
                    ``(B) intends to use, carry, possess, or sell or 
                otherwise dispose of the firearm in furtherance of a 
                crime of violence, a drug trafficking crime, or a 
                Federal crime of terrorism;
                    ``(C) intends to engage in conduct that would 
                constitute a crime of violence, a drug trafficking 
                crime, or a Federal crime of terrorism if the conduct 
                had occurred within the United States; or
                    ``(D) is not a resident of any State and is not a 
                citizen or lawful permanent resident of the United 
                States; or
            ``(2) willfully procure another to engage in conduct 
        described in paragraph (1).
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned not more than 15 years, or both.
``Sec. 933. Trafficking in firearms
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 924(c)(3);
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2); and
            ``(3) the term `Federal crime of terrorism' has the meaning 
        given that term in section 2332b(g).
    ``(b) Offense.--It shall be unlawful for any person to--
            ``(1) ship, transport, transfer, or otherwise dispose of 2 
        or more firearms to another person in or otherwise affecting 
        interstate or foreign commerce, if the person shipping, 
        transporting, transferring, or otherwise disposing of the 
        firearms knows that the use, carrying, or possession of a 
        firearm by the transferee would violate subsection (g) or (n) 
        of section 922, or constitute a crime of violence, a drug 
        trafficking crime, or a Federal crime of terrorism;
            ``(2) receive from another person 2 or more firearms in or 
        otherwise affecting interstate or foreign commerce, if the 
        recipient--
                    ``(A) knows that such receipt would violate 
                subsection (g) or (n) of section 922; or
                    ``(B) intends to use the firearm in furtherance of 
                a crime of violence, a drug trafficking crime, or a 
                Federal crime of terrorism; or
            ``(3) attempt or conspire to commit the conduct described 
        in paragraph (1) or (2).
    ``(c) Penalties.--
            ``(1) In general.--Any person who violates subsection (b) 
        shall be fined under this title, imprisoned not more than 15 
        years, or both.
            ``(2) Organizer.--If a violation of subsection (b) is 
        committed by a person acting in concert with other persons as 
        an organizer, leader, supervisor, or manager, the person shall 
        be fined under this title, imprisoned not more than 20 years, 
        or both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by inserting 
after the item relating to section 931 the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.''.
    (c) Directive to the Sentencing Commission.--Pursuant to its 
authority under section 994 of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall review and amend its guidelines and policy statements to ensure 
that persons convicted of an offense under section 932 or 933 of title 
18, United States Code, and other offenses applicable to the straw 
purchases and firearms trafficking of firearms are subject to increased 
penalties in comparison to those currently provided by the guidelines 
and policy statements for such straw purchasing and firearms 
trafficking offenses. In its review, the Commission shall consider, in 
particular, an appropriate amendment to reflect the intent of Congress 
that straw purchasers without significant criminal histories receive 
sentences that are sufficient to deter participation in such 
activities. The Commission shall also review and amend its guidelines 
and policy statements to reflect the intent of Congress that a person 
convicted of an offense under section 932 or 933 of title 18, United 
States Code, who is affiliated with a gang, cartel, organized crime 
ring, or other such enterprise should be subject to higher penalties 
than an otherwise unaffiliated individual.

SEC. 3. INCREASED PENALTIES FOR LYING AND BUYING.

    Section 924(a)(1) of title 18, United States Code, is amended in 
the undesignated matter following subparagraph (D) by striking ``five 
years'' and inserting the following: ``5 years (or, in the case of a 
violation under subparagraph (A), not more than 10 years)''.

SEC. 4. AMENDMENTS TO SECTION 924(H).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing that such 
firearm or ammunition will be used to commit a crime of violence (as 
defined in subsection (c)(3)), a drug trafficking crime (as defined in 
subsection (c)(2)), a Federal crime of terrorism (as defined in section 
2332b(g)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 
et seq.), the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 
U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined 
in accordance with this title, or both.''.

SEC. 5. AMENDMENTS TO SECTION 924(A).

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``(d), (g),''; and
            (2) by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (d), (g), or (n) of 
section 922 shall be fined under this title, imprisoned not more than 
15 years, or both.''.

SEC. 6. AMENDMENTS TO SECTION 924(K).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (k) and inserting the following:
    ``(k)(1) A person who, with intent to engage in or promote conduct 
that--
            ``(A) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
            ``(B) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802);
            ``(C) constitutes a crime of violence (as defined in 
        subsection (c)(3)); or
            ``(D) constitutes a Federal crime of terrorism (as defined 
        in section 2332b(g)),
smuggles or knowingly brings into the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 15 years, fined under this title, or both.
    ``(2) A person who, with intent to engage in or to promote conduct 
that--
            ``(A) would be punishable under the Controlled Substances 
        Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
        46, if the conduct had occurred within the United States; or
            ``(B) would constitute a crime of violence (as defined in 
        subsection (c)(3)) or a Federal crime of terrorism (as defined 
        in section 2332b(g)) for which the person may be prosecuted in 
        a court of the United States, if the conduct had occurred 
        within the United States,
smuggles or knowingly takes out of the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 15 years, fined under this title, or both.''.
                                                        Calendar No. 40

113th CONGRESS

  1st Session

                                 S. 730

_______________________________________________________________________

                                 A BILL

 To prevent criminals from obtaining firearms through straw purchasing 
                            and trafficking.

_______________________________________________________________________

                             April 16, 2013

            Read the second time and placed on the calendar