,,ii  #aacth ,,congress  #ast ,session  
,s4 #agi  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #cj1 #bjac 
,mrs4 ,gillibrand 7for herself and ,mr4 
,kirk7 introduced the following bill2   
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to prevent gun trafficking4  #a4     
,short title ,this ,act may be cited as 
the ,gun ,trafficking ,prevention ,act  
of #bjac4  #b4 ,firearms trafficking    
7a7 ,in general ,chapter #dd of title   
#ah1 ,united ,states ,code1 is amended  
by adding at the end the following3     
#icb4 ,trafficking in firearms  7a7     
,offenses ,it shall be unlawful for any 
person1 regardless of whether anything  
of value is exchanged--  7#a7 to ship1  
transport1 transfer1 or otherwise       
dispose to a person1 #b or more firearms
 in or affecting interstate or foreign  
commerce1 if the transferor knows or has
 reasonable cause to believe that such  
use1 carry1 possession1 or disposition  
of the firearm would be in violation of1

 or would result in a violation of any  
,federal1 ,state1 or local law          
punishable by a term of imprisonment    
exceeding #a year2  7#b7 to receive from
 a person1 #b or more firearms in or    
affecting interstate or foreign         
commerce1 if the recipient knows or has 
reasonable cause to believe that such   
receipt would be in violation of1 or    
would result in a violation of any      
,federal1 ,state1 or local law          
punishable by a term of imprisonment    
exceeding #a year2  7#c7 to make false  
statements regarding an actual buyer to 
a licensed importer1 licensed           
manufacturer1 or licensed dealer1       
relating to the purchase1 receipt1 or   
acquisition from a licensed importer1   
licensed manufacturer1 or licensed      
dealer of #b or more firearms that have 
moved in or affected interstate or      
foreign commerce2 or  7#d7 to direct1   
promote1 or facilitate conduct specified
 in paragraphs 7#a71 7#b71 or 7#c74  7b7
 ,gift exceptions ,subsection 7a7 shall 

not apply to a firearm that is--  7#a7  
lawfully acquired by a person to be     
given to another person not prohibited  
from possessing a firearm under ,federal
 or ,state law as a gift2 or  7#b7      
lawfully received or otherwise acquired 
by a court-appointed trustee1 receiver1 
or conservator for1 or on behalf of1 an 
estate or creditor or by a person to    
carry out a bequest1 or an acquisition  
by intestate succession under the laws  
of the ,state of residence of the       
person4  7c7 ,penalties  7#a7 ,in       
general ,any person who violates1 or    
conspires to violate1 subsection 7a7    
shall be fined under this title1        
imprisoned for not more than #bj years1 
or both4  7#b7 ,organizer enhancement   
,if a violation of subsection 7a7 is    
committed by a person in concert with #e
 or more other persons with respect to  
whom such person occupies a position of 
organizer1 a supervisory position1 or   
any other position of management1 such  
person may be sentenced to an additional

 term of imprisonment of not more than  
#e consecutive years4  7d7 ,definitions 
,in this subsection--  7#a7 the term    
actual buyer means the individual for   
whom the firearm is being purchased1 as 
described in paragraph 7#a77;,c72 and   
7#b7 the term term of imprisonment      
exceeding #a year does not include any  
offense classified by such jurisdiction 
as a misdemeanor and punishable by a    
term of imprisonment of #b years or     
less4  4  7b7 ,technical and conforming 
amendment ,the table of sections for    
chapter #dd of title #ah1 ,united       
,states ,code1 is amended by adding at  
the end the following3  #icb4           
,trafficking in firearms4  4  7c7       
,directive to the sentencing commission 
7#a7 ,in general ,pursuant to its       
authority under section #iid7p7 of title
 #bh1 ,united ,states ,code1 the ,united
 ,states ,sentencing ,commission shall  
review and1 if appropriate1 amend the   
,federal sentencing guidelines and      
policy statements applicable to persons 

convicted of offenses under section #icb
 of title #ah1 ,united ,states ,code 7as
 added by subsection 7a774  7#b7        
,requirements ,in carrying out this     
section1 the ,commission shall--  7,a7  
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 offense2 and 
7,b7 review and amend1 if appropriate1  
the guidelines and policy statements to 
reflect the intent of ,congress that    
guideline penalties for violations of   
section #icb of title #ah1 ,united      
,states ,code1 and similar offenses be  
increased substantially when committed  
by a person who is a member of a gang1  
cartel1 organized crime ring1 or other  
such enterprise or in concert with      
another person who is a member of a     
gang1 cartel1 organized crime ring or   

other such enterprise4