[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2161 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2161

                      To prevent gun trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 27, 2017

Mrs. Gillibrand 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 ``Hadiya Pendleton and Nyasia Pryear-
Yard Gun Trafficking and Crime Prevention Act of 2017''.

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 shipping, transportation, transfer, 
        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 a statement 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 that--
                    ``(A) is material to--
                            ``(i) the identity of the actual buyer of 
                        the firearms; or
                            ``(ii) the intended trafficking of the 
                        firearms; and
                    ``(B) the person knows or has reasonable cause to 
                believe is false; or
            ``(4) to direct, promote, or facilitate conduct specified 
        in paragraph (1), (2), or (3).
    ``(b) 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.
    ``(c) Definitions.--In this section--
            ``(1) the term `actual buyer' means the individual for whom 
        a firearm is being purchased, received, or acquired; and
            ``(2) the term `term of imprisonment exceeding 1 year' does 
        not include any offense classified by the applicable 
        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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