[Congressional Record Volume 148, Number 39 (Thursday, April 11, 2002)]
[Senate]
[Page S2580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 2091. 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.
  Mr. TORRICELLI. Madam President, I rise today to introduce the Gun 
Kingpin Penalty Act. In introducing this bill, I hope that my 
colleagues will soon join me in sending a clear and strong signal to 
gunrunners, your actions will no longer be tolerated.
  Data gathered by the Bureau of Alcohol, Tobacco and Firearms clearly 
demonstrates what many of us already know 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.
  ATF data shows 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 came from out of State, 944 guns 
were imported, 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.
  We can never rest when it comes to gun violence. This problem will 
not just go away, and we cannot standby 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 consent 
that the text of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2091

       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 adding at the end 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) Except as otherwise provided in this 
     subsection, whoever violates section 922(z) shall be 
     imprisoned not less than 3 years, and may be fined under this 
     title.
       ``(ii) Except as otherwise provided in this subsection, in 
     the case of a person's second or subsequent violation of 
     section 922(a), 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 the firearm was 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 the firearm was 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 section 
     922(z), 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 before ``section 1028'' the 
     following: ``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), 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),''.
       (d) Enforcement.--Notwithstanding any limitations imposed 
     by or under the Federal Workforce Restructuring Act (108 
     Stat. 111), 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.
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