[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9716-S9717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. LAUTENBERG (for himself and Mr. Menendez):
  S. 3634. A bill to reduce gun trafficking by prohibiting bulk 
purchases of handguns; to the Committee on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the End Gun 
Trafficking Act of 2008. I am proud to be joined by my colleague from 
New Jersey, Senator Menendez, in introducing this bill.
  Trafficking in illegal guns is a serious problem that fuels crime, 
drug activity, and gang violence in our communities and on our streets.
  Under current Federal law, gun purchasers are able to buy--and gun 
dealers are able to sell--unlimited numbers of handguns. All too 
frequently, these bulk handgun purchasers turn around and sell those 
handguns on the black market. The guns are sold to criminals and gang 
members--people who are barred under Federal law from buying guns 
themselves.
  This pipeline of illegal guns threatens States' abilities to protect 
their own residents, as guns are often purchased in bulk in States with 
weak gun laws and sold to criminals in States with tougher gun laws.
  My State of New Jersey has some of the strongest gun violence 
prevention laws in the country, including a ban on assault weapons, 
child access prevention requirements, and permitting requirements for 
gun ownership. Unfortunately, because of the gun trafficking pipeline, 
illegal weapons make their way onto New Jersey's streets and place all 
New Jerseyans in danger.
  In 2007, 72 percent of the guns recovered from New Jersey crime 
scenes that were traced by the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives came from out of State. Just six States accounted for 
nearly 50 percent of those traced guns.
  As these numbers make all too clear, we will only give full effect to 
New Jersey's and other State's effort protect their residents when we 
shut down the ``iron pipeline'' of gun trafficking. To stop gun 
trafficking, we must stop the bulk sales of handguns.
  The legislation that I introduce today would do exactly that. The End 
Gun Trafficking Act of 2008 would limit gun buyers to one handgun every 
30 days.
  This ``one-handgun-a-month'' approach is proven. Today, States--
Virginia, Maryland, and California--have such laws. Before enacting 
this law in 1993, Virginia was the supplier of choice for criminals up 
and down the East Coast. A 1995 study showed drastic reductions in the 
flow of Virginia guns to criminals in other States: the percentage of 
crime guns traced back to Virginia fell by 71 percent in New York and 
72 percent in Massachusetts. Unfortunately, despite these results, 
Virginia significantly weakened its law in 2004.
  I hope that New Jersey will be the fourth State to limit handgun 
purchases to one a month. In July, the New Jersey Assembly approved a 
one-handgun-a-month bill that is awaiting action in the State Senate. I 
strongly support this legislation, which will help cut down on the 
illegal gun trade within New Jersey.
  But to really combat interstate gun trafficking, we need a national 
solution. The End Gun Trafficking Act is an important step in that 
direction. Specifically, this legislation would prohibit gun dealers 
from selling a handgun to an unlicensed person who they know or have 
reason to believe has purchased another handgun within the previous 30 
days.
  It would prohibit unlicensed individuals from purchasing more than 
one handgun during a 30-day period.
  It would make exceptions for exchanges, Government, and law 
enforcement purchases and curios and relics.
  It would ensure that the background check system checks whether a 
buyer has purchased a handgun within the last 30 days and block handgun 
sales to such buyers.
  It would increase the maximum penalty from 1 year to 5 years for gun 
dealers who make false statements in their gun sale records.
  It would require that background checks be kept for at least 180 days 
instead of the current 24 hours, to allow dealers to find out whether 
an individual has purchased another handgun within the previous 30 days 
and make unlicensed gun dealers who sell more than one handgun a month 
to an unlicensed individual subject to the same laws as licensed gun 
dealers.
  I look forward to working with my Senate colleagues to pass this 
legislation and reduce gun violence.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3634

       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 ``End Gun Trafficking Act of 
     2008''.

     SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR 
                   PURCHASES.

       (a) Prohibition.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(aa) Prohibition Against Multiple Handgun Sales or 
     Purchases.--
       ``(1) Sale.--It shall be unlawful to sell or otherwise 
     dispose of a handgun that has been shipped or transported in 
     interstate or foreign commerce to any person who is not 
     licensed under section 923 knowing or having reasonable cause 
     to believe that such person purchased a handgun during the 
     30-day period ending on the date of such sale or disposition.
       ``(2) Purchase.--It shall be unlawful for any person who is 
     not licensed under section 923 to purchase more than 1 
     handgun that has been shipped or transported in interstate or 
     foreign commerce during any 30-day period.
       ``(3) Exceptions.--Paragraphs (1) and (2) shall not apply 
     to--
       ``(A) exchange of 1 handgun for 1 handgun;
       ``(B) the transfer to or purchase by the United States, a 
     department or agency of the United States, a State, or a 
     department, agency, or political subdivision of a State, of a 
     handgun;
       ``(C) the transfer to or purchase by a law enforcement 
     officer employed by an entity referred to in subparagraph (B) 
     of a handgun for law enforcement purposes (whether on or off 
     duty);
       ``(D) the transfer to or purchase by a rail police officer 
     employed by a rail carrier and certified or commissioned as a 
     police officer under the laws of a State of a handgun for law 
     enforcement purposes (whether on or off duty); or
       ``(E) the transfer or purchase of a handgun listed as a 
     curio or relic by the Attorney General pursuant to section 
     921(a)(13).''.
       (b) Penalties.--Section 924(a)(2) of title 18, United 
     States Code, is amended by striking ``or (o)'' and inserting 
     ``(o), or (aa)''.
       (c) Conforming Amendments.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) in section 922(t)--
       (A) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)'';
       (B) in paragraph (2), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)'';
       (C) in paragraph (4), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)''; and
       (D) in paragraph (5), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)''; and
       (2) in section 925A, by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)''.
       (d) Eliminate Multiple Sales Reporting Requirement.--
     Section 923(g) of title 18, United States Code, is amended by 
     striking paragraph (3).
       (e) Authority to Issue Rules and Regulations.--The Attorney 
     General shall prescribe any rules and regulations as are 
     necessary to ensure that the national instant criminal 
     background check system is able to identify whether receipt 
     of a handgun by a prospective transferee would violate 
     section 922(aa) of title 18, United States Code.

     SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE 
                   STATEMENTS IN CONNECTION WITH FIREARMS.

       Section 924(a)(3) of title 18, United States Code, is 
     amended in the matter following subparagraph (B) by striking 
     ``one year'' and inserting ``5 years''.

     SEC. 4. RETENTION OF RECORDS.

       (a) Retention of Records.--Section 922(t)(2)(C) of title 
     18, United States Code, is amended by inserting ``not less 
     than 180 days after the transfer is allowed,'' before 
     ``destroy''.
       (b) Repeals.--
       (1) Fiscal year 2004.--Section 617 of division B of the 
     Consolidated Appropriations Act, 2004 (Public Law 108-199; 
     118 Stat. 95) is amended--
       (A) by striking ``(a)'';
       (B) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (C) by striking ``; and'' and all that follows and 
     inserting a period.
       (2) Fiscal year 2005.--Section 615 of division B of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447; 
     118 Stat. 2915) is amended--

[[Page S9717]]

       (A) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (B) by striking ``; and'' and all that follows and 
     inserting a period.
       (3) Fiscal year 2006.--Section 611 of the Science, State, 
     Justice, Commerce, and Related Agencies Appropriations Act, 
     2006 (Public Law 109-108; 119 Stat. 2336) is amended--
       (A) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (B) by striking ``; and'' and all that follows and 
     inserting a period.
       (4) Fiscal year 2008.--Section 512 of division B of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161; 
     121 Stat. 1926) is amended--
       (A) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (B) by striking ``; and'' and all that follows and 
     inserting a period.

     SEC. 5. REVISED DEFINITION.

       Section 921(a)(21)(C) of title 18, United States Code, is 
     amended by inserting ``, except that such term shall include 
     any person who transfers more than 1 handgun in any 30-day 
     period to a person who is not a licensed dealer'' before the 
     semicolon.
                                 ______