,,ii ,calendar ,no4 #dj #aacth ,,congress #ast ,session ,s4 #gcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ae1 #bjac ,mr4 ,cruz 7for himself and ,mr4 ,heller7 introduced the following bill2 which was read the first time ,april #af1 #bjac ,read the second time and placed on the calendar ,a ,,bill ,to prevent criminals from obtaining firearms through straw purchasing and trafficking4 #a4 ,short title ,this ,act may be cited as the ,firearm ,straw ,purchasing and ,trafficking ,prevention ,act4 #b4 ,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 ,definitions ,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 ,federal crime of terrorism has the meaning given that term in section #bccb;b7g74 7b7 ,offense ,it shall be unlawful for any person to-- 7#a7 purchase or otherwise obtain a firearm1 which has been shipped1 transported1 or received in interstate or foreign commerce1 for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows-- 7,a7 is prohibited from possessing or receiving a firearm under subsection 7g7 or 7n7 of section #ibb2 7,b7 intends to use1 carry1 possess1 or sell or otherwise dispose of the firearm in furtherance of a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism2 7,c7 intends to engage in conduct that would constitute a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism if the conduct had occurred within the ,united ,states2 or 7,d7 is not a resident of any ,state and is not a citizen or lawful permanent resident of the ,united ,states2 or 7#b7 willfully procure another to engage in conduct described in paragraph 7#a74 7c7 ,penalty ,any person who violates subsection 7b7 shall be fined under this title1 imprisoned not more than #ae years1 or both4 #icc4 ,trafficking in firearms 7a7 ,definitions ,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 ,federal crime of terrorism has the meaning given that term in section #bccb;b7g74 7b7 ,offense ,it shall be unlawful for any person to-- 7#a7 ship1 transport1 transfer1 or otherwise dispose of #b or more firearms to another person in or otherwise affecting interstate or foreign commerce1 if the person shipping1 transporting1 transferring1 or otherwise disposing of the firearms knows that the use1 carrying1 or possession of a firearm by the transferee would violate subsection 7g7 or 7n7 of section #ibb1 or constitute a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism2 7#b7 receive from another person #b or more firearms in or otherwise affecting interstate or foreign commerce1 if the recipient-- 7,a7 knows that such receipt would violate subsection 7g7 or 7n7 of section #ibb2 or 7,b7 intends to use the firearm in furtherance of a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism2 or 7#c7 attempt or conspire to commit the conduct described in paragraph 7#a7 or 7#b74 7c7 ,penalties 7#a7 ,in general ,any person who violates subsection 7b7 shall be fined under this title1 imprisoned not more than #ae years1 or both4 7#b7 ,organizer ,if a violation of subsection 7b7 is committed by a person acting in concert with other persons as an organizer1 leader1 supervisor1 or manager1 the person shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ica the following3 #icb4 ,straw purchasing of firearms4 #icc4 ,trafficking in firearms4 4 7c7 ,directive to the 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 ,code1 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 ,in its review1 the ,commission shall consider1 in particular1 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 activities4 ,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 #c4 ,increased penalties for lying and buying ,section #ibd7;a77#a7 of title #ah1 ,united ,states ,code1 is amended in the undesignated matter following subparagraph 7,d7 by striking five years and inserting the following3 #e years 7or1 in the case of a violation under subparagraph 7,a71 not more than #aj years74 #d4 ,amendments to section #ibd7;h7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 7h7 ,whoever knowingly receives or transfers a firearm or ammunition1 or attempts or conspires to do so1 knowing 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 a ,federal crime of terrorism 7as defined in section #bccb;b7g771 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 or the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq471 shall be imprisoned not more than #ae years1 fined in accordance with this title1 or both4 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 7d71 7g71 or 7n7 of section #ibb shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 #f4 ,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 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 7,c7 constitutes a crime of violence 7as defined in subsection 7c77#c772 or 7,d7 constitutes a ,federal crime of terrorism 7as defined in section #bccb;b7g771 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 or a ,federal crime of terrorism 7as defined in section #bccb;b7g77 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 ,april #af1 #bjac ,read the second time and placed on the calendar