[Congressional Record Volume 145, Number 73 (Wednesday, May 19, 1999)]
[Senate]
[Pages S5597-S5598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI (for himself, Mr. Schumer, and Mr. Durbin):
  S. 1080. A bill to amend title 18, United States Code, to prohibit 
gunrunning and provide mandatory minimum penalties for crimes related 
to gunrunning; to the Committee on the Judiciary.


                        gun kingpin penalty act

  Mr. TORRICELLI. Mr. President, I rise today, along with my colleagues 
from New York and Illinois, Senator Schumer and Senator Durbin, to 
introduce the Gun Kingpin Penalty Act of 1999. In introducing this 
bill, we hope that our colleagues will soon join us in sending a clear 
and strong signal to gunrunners--your actions will no longer be 
tolerated.
  Mr. President, recent numbers gathered by the Bureau of Alcohol, 
Tobacco and Firearms clearly demonstrate what many of us already knew 
all too well--several of our nation's highways have become pipelines 
for merchants of death who deal in illegal firearms.
  My own State of New Jersey is proud to have some of the toughest gun 
control laws in the nation. But for far too long, the courageous 
efforts of New Jersey citizens in enacting these tough laws have been 
weakened by out of state gunrunners who treat our State like their own 
personal retail outlet.
  We learned from the ATF data that in 1996, New Jersey exported fewer 
guns used in crimes, per capita, than any other state--less than one 
gun per 100,000 residents, or 75 total guns. Meanwhile, an incredible 
number of guns used to commit crimes in New Jersey last year came from 
out of state--944 guns were imported and used to commit crimes compared 
to only 75 exported--a net import of 869 illegal guns used to commit 
crimes against the people of New Jersey.
  This represents a one way street--guns come from states with lax gun 
laws straight to states (like New Jersey) with strong laws. It is clear 
that New Jersey's strong gun control laws offer criminals little choice 
but to import their guns from states with weak laws. We must act on a 
federal level to send a clear message that this cannot continue and 
will not be tolerated.
  The Gun Kingpin Penalty Act would create a new federal gunrunning 
offense for any person who, within a twelve-month period, transports 
more than 5 guns to another state with the intent of transferring all 
of the weapons to another person. The Act would establish mandatory 
minimum penalties for gunrunning as follows:
  A mandatory 3 year minimum sentence for a first offense involving 5-
50 guns; a mandatory 5 year minimum sentence for second offense 
involving 5-50 guns; and a mandatory 15 year minimum sentence for any 
offense involving more than 50 guns.

[[Page S5598]]

  Additionally, the bill contains two ``blood on the hands'' 
provisions, which will significantly increase penalties for a gunrunner 
who transfers a gun subsequently used to seriously injure or kill 
another person. A mandatory 10 year minimum sentence is required if one 
of the smuggled guns is used within 3 years to kill or seriously injure 
another person. And a mandatory 25 year minimum sentence must be 
imposed if one of the smuggled guns is used within 3 years to kill or 
seriously injure another person and more than 50 guns were smuggled.
  Finally, our bill adds numerous gunrunning crimes as RICO predicates, 
and authorizes 200 additional Treasury personnel to enforce the Act--
Congress must provide law enforcement with the resources to enforce the 
laws we pass.
  The fight against gun violence is a long-term, many-staged process. 
We succeeded in enacting the Brady bill and the ban on devastating 
assault weapons. And these laws have been effective: more than a 
quarter of a million prohibited individuals have already been denied a 
handgun due to Brady background check--70% of these people were either 
felons or domestic violence offenders. Traces of assault weapons have 
plummeted since the ban, and prices have gone up.
  We can never rest though when it comes to gun violence. This problem 
will not just go away, and we cannot stand by and watch as innocent 
men, women and children die at the hands of criminals armed with these 
guns. I urge my colleagues to support this bill, and I ask unanimous 
censent that the full text of the legislation be printed in the Record.
  There being no objection, the legislation was ordered to be printed 
in the Record, as follows:

                                S. 1080

       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 Kingpin Penalty Act''.

     SEC. 2. GUN KINGPIN PENALTIES.

       (a) Prohibition Against Gunrunning.--Section 922 of title 
     18, United States Code, is amended by inserting after 
     subsection (y) the following:
       ``(z) It shall be unlawful for a person not licensed under 
     section 923 to ship or transport, or conspire to ship or 
     transport, 5 or more firearms from a State into another State 
     during any period of 12 consecutive months, with the intent 
     to transfer all of such firearms to another person who is not 
     so licensed.''.
       (b) Mandatory Minimum Penalties for Crimes Related to 
     Gunrunning.--Section 924 of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(p)(1)(A)(i) Whoever violates section 922(z) shall, 
     except as otherwise provided in this subsection, be 
     imprisoned not less than 3 years, and may be fined under this 
     title.
       ``(ii) In the case of a person's second or subsequent 
     violation described in clause (i), the term of imprisonment 
     shall be not less than 5 years.
       ``(B) If a firearm which is shipped or transported in 
     violation of section 922(z) is used subsequently by the 
     person to whom shipped or transported, or by any person 
     within 3 years after the shipment or transportation, in an 
     offense in which a person is killed or suffers serious bodily 
     injury, the term of imprisonment for the violation shall be 
     not less than 10 years.
       ``(C) If more than 50 firearms are the subject of a 
     violation of section 922(z), the term of imprisonment for the 
     violation shall be not less than 15 years.
       ``(D) If more than 50 firearms are the subject of a 
     violation of section 922(z) and 1 of the firearms is used 
     subsequently by the person to whom shipped or transported, or 
     by any person within 3 years after the shipment or 
     transportation, in an offense in which a person is killed or 
     suffers serious bodily injury, the term of imprisonment for 
     the violation shall be not less than 25 years.
       ``(2) Notwithstanding any other provision of law, the court 
     shall not impose a probationary sentence or suspend the 
     sentence of a person convicted of a violation of this 
     subsection, nor shall any term of imprisonment imposed on a 
     person under this subsection run concurrently with any other 
     term of imprisonment imposed on the person by a court of the 
     United States.''.
       (c) Crimes Related to Gunrunning Made Predicate Offenses 
     Under Rico.--Section 1961(1)(B) of title 18, United States 
     Code, is amended by inserting ``section 922(a)(1)(A) 
     (relating to unlicensed importation, manufacture, or dealing 
     in firearms), section 922(a)(3) (relating to interstate 
     transportation or receipt of firearm), section 922(a)(5) 
     (relating to transfer of firearm to person from another 
     State), or section 922(a)(6) (relating to false statements 
     made in acquisition of firearm or ammunition from licensee), 
     section 922(d) (relating to disposition of firearm or 
     ammunition to a prohibited person), section 922(g) (relating 
     to receipt of firearm or ammunition by a prohibited person), 
     section 922(h) (relating to possession of firearm or 
     ammunition on behalf of a prohibited person), section 922(i) 
     (relating to transportation of stolen firearm or ammunition), 
     section 922(j) (relating to receipt of stolen firearm or 
     ammunition), section 922(k) (relating to transportation or 
     receipt of firearm with altered serial number), section 
     922(z) (relating to gunrunning), section 924(b) (relating to 
     shipment or receipt of firearm for use in a crime),'' before 
     ``section 1028''.
       (d) Enforcement.--The Secretary of the Treasury may hire 
     and employ 200 personnel, in addition to any personnel hired 
     and employed by the Department of the Treasury under other 
     law, to enforce the amendments made by this section, 
     notwithstanding any limitations imposed by or under the 
     Federal Workforce Restructuring Act.
                                 ______