[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Page S4322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4765. Mrs. GILLIBRAND (for herself and Mr. Kirk) submitted an
amendment intended to be proposed to amendment SA 4685 proposed by Mr.
Shelby (for himself and Ms. Mikulski) to the bill H.R. 2578, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2016, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. 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 use, carry, possession, 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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