S. 730 — Placed on Calendar (Senate)

II Calendar No. 40 113th CONGRESS 1st Session S. 730 IN THE SENATE OF THE UNITED STATES April 15, 2013 Mr. Cruz (for himself and Mr. Heller) introduced the following bill; which was read the first time April 16, 2013 Read the second time and placed on the calendar A BILL To prevent criminals from obtaining firearms through straw purchasing and trafficking. 1. Short title This Act may be cited as the Firearm Straw Purchasing and Trafficking Prevention Act. 2. Straw purchasing of firearms (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Straw purchasing of firearms (a) Definitions For purposes of this section— (1) the term crime of violence has the meaning given that term in section 924(c)(3); (2) the term drug trafficking crime has the meaning given that term in section 924(c)(2); and (3) the term Federal crime of terrorism has the meaning given that term in section 2332b(g). (b) Offense It shall be unlawful for any person to— (1) purchase or otherwise obtain a firearm, which has been shipped, transported, or received in interstate or foreign commerce, for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows— (A) is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922; (B) intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; (C) intends to engage in conduct that would constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism if the conduct had occurred within the United States; or (D) is not a resident of any State and is not a citizen or lawful permanent resident of the United States; or (2) willfully procure another to engage in conduct described in paragraph (1). (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. 933. Trafficking in firearms (a) Definitions For purposes of this section— (1) the term crime of violence has the meaning given that term in section 924(c)(3); (2) the term drug trafficking crime has the meaning given that term in section 924(c)(2); and (3) the term Federal crime of terrorism has the meaning given that term in section 2332b(g). (b) Offense It shall be unlawful for any person to— (1) ship, transport, transfer, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the person shipping, transporting, transferring, or otherwise disposing of the firearms knows that the use, carrying, or possession of a firearm by the transferee would violate subsection (g) or (n) of section 922, or constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; (2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient— (A) knows that such receipt would violate subsection (g) or (n) of section 922; or (B) intends to use the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; or (3) attempt or conspire to commit the conduct described in paragraph (1) or (2). (c) Penalties (1) In general Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. (2) Organizer If a violation of subsection (b) is committed by a person acting in concert with other persons as an organizer, leader, supervisor, or manager, the person shall be fined under this title, imprisoned not more than 20 years, or both. . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 931 the following: 932. Straw purchasing of firearms. 933. Trafficking in firearms. . (c) Directive to the sentencing commission Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, 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 offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. 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 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. 3. Increased penalties for lying and buying Section 924(a)(1) of title 18, United States Code, is amended in the undesignated matter following subparagraph (D) by striking five years and inserting the following: 5 years (or, in the case of a violation under subparagraph (A), not more than 10 years). 4. Amendments to section 924(h) Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: (h) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), a Federal crime of terrorism (as defined in section 2332b(g)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined in accordance with this title, or both. . 5. Amendments to section 924(a) Section 924(a) of title 18, United States Code, is amended— (1) in paragraph (2), by striking (d), (g),; and (2) by adding at the end the following: (8) Whoever knowingly violates subsection (d), (g), or (n) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both. . 6. Amendments to section 924(k) Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: (k) (1) A person who, with intent to engage in or promote conduct that— (A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; (B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); (C) constitutes a crime of violence (as defined in subsection (c)(3)); or (D) constitutes a Federal crime of terrorism (as defined in section 2332b(g)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. (2) A person who, with intent to engage in or to promote conduct that— (A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or (B) would constitute a crime of violence (as defined in subsection (c)(3)) or a Federal crime of terrorism (as defined in section 2332b(g)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. . April 16, 2013 Read the second time and placed on the calendar