,,ii ,calendar ,no4 #bc #aacth ,,congress #ast ,session ,s4 #ed ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bb 7legislative day1 ,january #c71 #bjac ,mr4 ,leahy 7for himself1 ,mr4 ,durbin1 ,mr4 ,blumenthal1 and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,march #aa1 #bjac ,reported by ,mr4 ,leahy1 with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to increase public safety by punishing and deterring firearms trafficking4 #a4 ,short title ,this ,act may be cited as the ,stop ,illegal ,trafficking in ,firearms ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,punishing and deterring straw purchasing of firearms4 ,sec4 #d4 ,amendments to section #ibb7;a77#f74 ,sec4 #e4 ,amendments to section #ibb7;d74 ,sec4 #f4 ,amendments to section #ibd7;h74 ,sec4 #g4 ,amendments to section #ibd7k74 #c4 ,punishing and deterring straw purchasing of firearms 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms 7a7 ,any person 7other than a licensed importer1 licensed manufacturer1 or licensed dealer7 who knowingly purchases any firearm for1 on behalf of1 or with intent to transfer it to1 any other person1 if that firearm has moved in or otherwise affected interstate or foreign commerce1 or attempts or conspires to do so1 shall be fined under this title1 imprisoned not more than #bj years or both4 ,for purposes of this section1 the term purchases includes the receipt of any firearm from pawn or on consignment by a person who does not own the firearm4 7b7 ,subsection 7a7 shall not apply to any firearm that is lawfully purchased by a person-- 7#a7 to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm1 unless the person knows or has reason to believe such recipient is prohibited by ,federal1 ,state1 or local law from possessing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm2 or 7#b7 to be given to a bona fide winner of an organized raffle1 contest1 or auction conducted in accordance with law and sponsored by a national1 ,state1 or local organization or association1 unless the person knows or has reason to believe such recipient is prohibited by ,federal1 ,state1 or local law from possessing1 purchasing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm4 7c7 ,if any violation of subsection 7a7 is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence1 the person shall be sentenced to a term of imprisonment of not more than #cj years4 #icc4 ,forfeiture and fines 7a7 7#a7 ,any person convicted of a violation of this chapter shall forfeit to the ,united ,states1 irrespective of any provision of ,state law-- 7,a7 any property constituting1 or derived from1 any proceeds the person obtained1 directly or indirectly1 as the result of such violation2 and 7,b7 any of the person's property used1 or intended to be used1 in any manner or part1 to commit1 or to facilitate the commission of1 such violation4 7#b7 ,the court1 in imposing sentence on a person convicted of a violation of this chapter1 shall order1 in addition to any other sentence imposed pursuant to this chapter1 that the person forfeit to the ,united ,states all property described in paragraph 7#a74 7b7 ,a defendant who derives profits or other proceeds from an offense under this chapter may be fined not more than the greater of-- 7#a7 the fine otherwise authorized by this part2 and 7#b7 the amount equal to twice the gross profits or other proceeds of the offense under this chapter4 4 7b7 ,title ,,iii authorization ,section #beaf7a77n7 of title #ah1 ,united ,states ,code1 is amended by striking and #ibd7n7 and inserting 1 #ibd1 and #icb4 7c7 ,racketeering amendment ,section #aifa7a77;,b7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 section #icb 7relating to trafficking in firearms714 7d7 ,money laundering amendment ,section #aief7;c77#g77;,d7 of title #ah1 ,united ,states ,code1 is amended by striking section #ibd7n7 and inserting sections #ibd7n7 and #icb4 7e7 ,directive to sentencing commission ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section #icb of title #ah1 ,united ,states ,code and other offenses applicable to the straw purchases of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing offenses4 ,in carrying out this subsection1 the ,commission shall ensure that the sentencing guidelines and policy statements reflect ,congress' intent that the applicable guideline penalties be increased and the guidelines and policy statements reflect the extremely serious nature of the offenses described in the amendment made by subsection 7a71 the incidence of such offenses1 and the need for an effective deterrent and appropriate punishment to prevent such offenses4 7f7 ,technical and conforming amendment ,the table of sections of chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms4 #icc4 ,forfeiture and fines4 4 #d4 ,amendments to section #ibb7;a77#f7 ,section #ibb7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,for purposes of paragraph 7#f71 in addition to the eligibility of a person to ship1 transport1 receive1 or possess any firearm or ammunition1 information concerning the identity1 age1 place of residence 7to include address71 and citizenship or immigration status of a person shall be considered material to the lawfulness of the sale or other disposition of a firearm or ammunition 4 #e4 ,amendments to section #ibb7;d7 ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 22 and 7#c7 by striking the matter following paragraph 7#i7 and inserting the following3 7#aj7 is prohibited by ,state or local law from possessing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm or ammunition2 7#aa7 intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs 7#a7 through 7#aj72 or 7#ab7 intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law4 ,this subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector who pursuant to subsection 7b7 of section #ibe is not precluded from dealing in firearms or ammunition1 or to a person who has been granted relief from disabilities pursuant to subsection 7c7 of section #ibe4 4 #f4 ,amendments to section #ibd7;h7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 7h7 7#a7 ,whoever knowingly receives or transfers a firearm or ammunition1 or attempts or conspires to do so1 knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence 7as defined in subsection 7c77#c771 a drug trafficking crime 7as defined in subsection 7c77#b771 or a crime under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq471 or section #bab7;a77#b77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,c77 shall be imprisoned not more than #cj years1 fined in accordance with this title1 or both4 7#b7 ,no term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section #icb4 4 #g4 ,amendments to section #ibd7k7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7k7 and inserting the following3 7k7 7#a7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 is punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 7,b7 violates any law of a ,state relating to any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act1 #ba ,u4,s4,c4 #hjb72 or 7,c7 constitutes a crime of violence 7as defined in subsection 7c77#c771 smuggles or knowingly brings into the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #aj years1 fined under this title1 or both4 7#b7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 would be punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df1 if the conduct had occurred within the ,united ,states2 or 7,b7 would constitute a crime of violence 7as defined in subsection 7c77#c77 for which the person may be prosecuted in a court of the ,united ,states1 if the conduct had occurred within the ,united ,states1 smuggles or knowingly takes out of the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #aj years1 fined under this title1 or both4 4 #a4 ,short title ,this ,act may be cited as the ,stop ,illegal ,trafficking in ,firearms ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,hadiya ,pendleton and ,nyasia ,pryear-,yard anti-straw purchasing and firearms trafficking amendments4 ,sec4 #d4 ,amendments to section #ibb7;d74 ,sec4 #e4 ,amendments to section #ibd7;a74 ,sec4 #f4 ,amendments to section #ibd7;h74 ,sec4 #g4 ,amendments to section #ibd7k74 ,sec4 #h4 ,limitation on operations by the ,department of ,justice4 #c4 ,hadiya ,pendleton and ,nyasia ,pryear-,yard anti-straw purchasing and firearms trafficking amendments 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms 7a7 ,for purposes of this section-- 7#a7 the term crime of violence has the meaning given that term in section #ibd7;c77#c72 7#b7 the term drug trafficking crime has the meaning given that term in section #ibd7;c77#b72 and 7#c7 the term purchase includes the receipt of any firearm by a person who does not own the firearm-- 7,a7 by way of pledge or pawn as security for the payment or repayment of money2 or 7,b7 on consignment4 7b7 ,it shall be unlawful for any person 7other than a licensed importer1 licensed manufacturer1 licensed collector1 or licensed dealer7 to knowingly purchase1 or attempt or conspire to purchase1 any firearm in or otherwise affecting interstate or foreign commerce-- 7#a7 from a licensed importer1 licensed manufacturer1 licensed collector1 or licensed dealer for1 on behalf of1 or at the request or demand of any other person1 known or unknown2 or 7#b7 from any person who is not a licensed importer1 licensed manufacturer1 licensed collector1 or licensed dealer for1 on behalf of1 or at the request or demand of any other person1 known or unknown1 knowing or having reasonable cause to believe that such other person-- 7,a7 is under indictment for1 or has been convicted in any court of1 a crime punishable by imprisonment for a term exceeding #a year2 7,b7 is a fugitive from justice2 7,c7 is an unlawful user of or addicted to any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb772 7,d7 has been adjudicated as a mental defective or has been committed to any mental institution2 7,e7 is an alien who-- 7i7 is illegally or unlawfully in the ,united ,states2 or 7ii7 except as provided in section #ibb7y77#b71 has been admitted to the ,united ,states under a nonimmigrant visa 7as that term is defined in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bf772 7,f7 has been discharged from the ,armed ,forces under dishonorable conditions2 7,g7 having been a citizen of the ,united ,states1 has renounced his or her citizenship2 7,h7 is subject to a court order that restrains such person from harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child1 except that this subparagraph shall only apply to a court order that-- 7i7 was issued after a hearing of which such person received actual notice1 and at which such person had the opportunity to participate2 and 7ii7 7,i7 includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child2 or 7,,ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury2 7,i7 has been convicted in any court of a misdemeanor crime of domestic violence2 7,j7 intends to-- 7i7 use1 carry1 possess1 or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime2 or 7ii7 export the firearm or ammunition in violation of law2 7,k7 7i7 does not reside in any ,state2 and 7ii7 is not a citizen of the ,united ,states2 or 7,l7 intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs 7,a7 through 7,k74 7c7 7#a7 ,except as provided in paragraph 7#b71 any person who violates subsection 7b7 shall be fined under this title1 imprisoned for not more than #ae years1 or both4 7#b7 ,if a violation of subsection 7b7 is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence1 the person shall be sentenced to a term of imprisonment of not more than #be years4 7d7 ,subsection 7b77#a7 shall not apply to any firearm that is lawfully purchased by a person-- 7#a7 to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm1 unless the person knows or has reasonable cause to believe such recipient is prohibited by ,federal law from possessing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm2 or 7#b7 to be given to a bona fide winner of an organized raffle1 contest1 or auction conducted in accordance with law and sponsored by a national1 ,state1 or local organization or association1 unless the person knows or has reasonable cause to believe such recipient is prohibited by ,federal law from possessing1 purchasing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm4 #icc4 ,trafficking in firearms 7a7 ,it shall be unlawful for any person to-- 7#a7 ship1 transport1 transfer1 cause to be transported1 or otherwise dispose of #b or more firearms to another person in or otherwise affecting interstate or foreign commerce1 if the transferor knows or has reasonable cause to believe that the use1 carrying1 or possession of a firearm by the transferee would be in violation of1 or would result in a violation of1 any ,federal law punishable by a term of imprisonment exceeding #a year2 7#b7 receive from another person #b or more firearms in or otherwise 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 of1 any ,federal law punishable by a term of imprisonment exceeding #a year2 or 7#c7 attempt or conspire to commit the conduct described in paragraph 7#a7 or 7#b74 7b7 7#a7 ,except as provided in paragraph 7#b71 any person who violates subsection 7a7 shall be fined under this title1 imprisoned for not more than #ae years1 or both4 7#b7 ,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 leader1 supervisor1 or manager1 the person shall be sentenced to a term of imprisonment of not more than #be years4 #icd4 ,forfeiture and fines 7a7 7#a7 ,any person convicted of a violation of section #icb or #icc shall forfeit to the ,united ,states1 irrespective of any provision of ,state law-- 7,a7 any property constituting1 or derived from1 any proceeds the person obtained1 directly or indirectly1 as the result of such violation2 and 7,b7 any of the person's property used1 or intended to be used1 in any manner or part1 to commit1 or to facilitate the commission of1 such violation4 7#b7 ,the court1 in imposing sentence on a person convicted of a violation of section #icb or #icc1 shall order1 in addition to any other sentence imposed pursuant to section #icb or #icc1 that the person forfeit to the ,united ,states all property described in paragraph 7#a74 7b7 ,a defendant who derives profits or other proceeds from an offense under section #icb or #icc may be fined not more than the greater of-- 7#a7 the fine otherwise authorized by this part2 and 7#b7 the amount equal to twice the gross profits or other proceeds of the offense under section #icb or #icc4 4 7b7 ,title ,,iii authorization ,section #beaf7a77n7 of title #ah1 ,united ,states ,code1 is amended by striking and #ibd7n7 and inserting 1 #ibd1 #icb1 or #icc4 7c7 ,racketeering amendment ,section #aifa7a77;,b7 of title #ah1 ,united ,states ,code1 is amended by inserting section #icb 7relating to straw purchasing71 section #icc 7relating to trafficking in firearms71 before section #ajbh4 7d7 ,money laundering amendment ,section #aief7;c77#g77;,d7 of title #ah1 ,united ,states ,code1 is amended by striking section #ibd7n7 and inserting section #ibd7n71 #icb1 or #icc4 7e7 ,directive to sentencing commission ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section #icb or #icc of title #ah1 ,united ,states ,code and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses4 ,the ,commission shall also review and amend its guidelines and policy statements to reflect the intent of ,congress that a person convicted of an offense under section #icb or #icc of title #ah1 ,united ,states ,code1 who is affiliated with a gang1 cartel1 organized crime ring1 or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual4 7f7 ,technical and conforming amendment ,the table of sections of chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms4 #icc4 ,trafficking in firearms4 #icd4 ,forfeiture and fines4 4 #d4 ,amendments to section #ibb7;d7 ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7#c7 by striking the matter following paragraph 7#i7 and inserting the following3 7#aj7 intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs 7#a7 through 7#i72 or 7#aa7 intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law4 ,this subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector who pursuant to subsection 7b7 of section #ibe is not precluded from dealing in firearms or ammunition1 or to a person who has been granted relief from disabilities pursuant to subsection 7c7 of section #ibe4 4 #e4 ,amendments to section #ibd7;a7 ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking 7d71 7g712 and 7#b7 by adding at the end the following3 7#h7 ,whoever knowingly violates subsection 7d7 or 7g7 of section #ibb shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 #f4 ,amendments to section #ibd7;h7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 7h7 7#a7 ,whoever knowingly receives or transfers a firearm or ammunition1 or attempts or conspires to do so1 knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence 7as defined in subsection 7c77#c771 a drug trafficking crime 7as defined in subsection 7c77#b771 or a crime under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq471 or section #bab7;a77#b77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,c77 shall be imprisoned not more than #be years1 fined in accordance with this title1 or both4 7#b7 ,no term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section #icb4 4 #g4 ,amendments to section #ibd7k7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7k7 and inserting the following3 7k7 7#a7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 is punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 7,b7 violates any law of a ,state relating to any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act1 #ba ,u4,s4,c4 #hjb72 or 7,c7 constitutes a crime of violence 7as defined in subsection 7c77#c771 smuggles or knowingly brings into the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #ae years1 fined under this title1 or both4 7#b7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 would be punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df1 if the conduct had occurred within the ,united ,states2 or 7,b7 would constitute a crime of violence 7as defined in subsection 7c77#c77 for which the person may be prosecuted in a court of the ,united ,states1 if the conduct had occurred within the ,united ,states1 smuggles or knowingly takes out of the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #ae years1 fined under this title1 or both4 4 #h4 ,limitation on operations by the ,department of ,justice ,the ,department of ,justice1 and any of its law enforcement coordinate agencies1 shall not conduct any operation where a ,federal firearms licensee is directed1 instructed1 enticed1 or otherwise encouraged by the ,department of ,justice to sell a firearm to an individual if the ,department of ,justice1 or a coordinate agency1 knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the ,attorney ,general1 the ,deputy ,attorney ,general1 or the ,assistant ,attorney ,general for the ,criminal ,division personally reviews and approves the operation1 in writing1 and determines that the agency has prepared an operational plan that includes sufficient safeguards to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms4 ,march #aa1 #bjac ,reported with an amendment