,,ii #aagth ,,congress #b;d ,session ,s4 #dbch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjbb,mrs4 ,gillibrand 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 ,hadiya ,pendleton and ,nyasia ,pryear-,yard ,gun ,trafficking and ,crime ,prevention ,act of #bjbb4 #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 ,definitions ,in this section-- 7#a7 the term actual buyer means the individual for whom a firearm is being purchased1 received1 or acquired2 and 7#b7 the term term of imprisonment exceeding #a year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of #b years or less4 7b7 ,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 the use1 carrying1 or possession of a firearm by the recipient would be in violation of1 or would result in a violation of1 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 of1 any ,federal1 ,state1 or local law punishable by a term of imprisonment exceeding #a year2 7#c7 to make a statement to a licensed importer1 licensed manufacturer1 or licensed dealer 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 commerce that-- 7,a7 is material to-- 7i7 the identity of the actual buyer of the firearms2 or 7ii7 the intended trafficking of the firearms2 and 7,b7 the person knows or has reasonable cause to believe is false2 or 7#d7 to direct1 promote1 or facilitate conduct specified in paragraph 7#a71 7#b71 or 7#c74 7c7 ,gift exceptions ,subsection 7b7 shall not apply to a firearm that is-- 7#a7 lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under ,federal or ,state law2 or 7#b7 lawfully received or otherwise acquired-- 7,a7 by a court-appointed trustee1 receiver1 or conservator for1 or on behalf of1 an estate or creditor2 or 7,b7 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 7d7 ,penalties 7#a7 ,in general ,subject to paragraph 7#b71 any person who violates1 or conspires to violate1 subsection 7b7 shall be fined under this title1 imprisoned for not more than #bj years1 or both4 7#b7 ,organizer enhancement ,if an individual violates subsection 7b7 in concert with #e or more other individuals1 and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- 7,a7 the maximum term of imprisonment shall be #be years2 and 7,b7 if a firearm involved in the violation is a machinegun or destructive device1 or is equipped with a firearm silencer or muffler1 the maximum term of imprisonment shall be #ce years4 7#c7 ,licensees 7,a7 ,criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms ,if a licensed manufacturer1 licensed importer1 licensed collector1 or licensed dealer knowingly facilitates a violation of subsection 7b71 the licensee shall be fined #bj1jjj per trafficked firearm sold or delivered by the licensee1 imprisoned for not more than #aj years1 or both4 7,b7 ,civil penalties for sale or delivery of firearms with reckless disregard of trafficking ,in the case of any licensed manufacturer1 licensed importer1 licensed collector1 or licensed dealer who recklessly disregards that a person is acquiring #b or more firearms from the licensee in violation of or with intent to violate subsection 7b71 the ,attorney ,general shall1 after notice and opportunity for a hearing1 impose a civil penalty that is not less than #e1jjj and not more than #aj1jjj per trafficked firearm sold or delivered by the licensee4 7,c7 ,license suspension or revocation ,if the ,attorney ,general determines1 after notice and opportunity for a hearing1 that firearms were acquired by or from a licensed manufacturer1 licensed importer1 licensed collector1 or licensed dealer in violation of subsection 7b7 and the licensee knew1 had reasonable cause to believe1 or recklessly disregarded that the firearms were acquired in violation of that subsection1 the ,attorney ,general-- 7i7 may suspend or revoke the license issued to the licensee under this chapter for not more than #a year2 and 7ii7 if the license issued to the licensee under this chapter has previously been suspended or revoked under clause 7i71 may revoke the license for not more than #e years4 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 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 subsection1 the ,commission shall-- 7,a7 review the penalty structure that the ,federal sentencing guidelines currently provide based on the number of firearms involved in the offense2 and 7,b7 determine whether any changes to that penalty structure are appropriate in order to carry out the intent of ,congress that those penalties reflect-- 7i7 the gravity of the offense2 7ii7 the number of trafficked firearms purchased by or from the defendant2 7iii7 the extent of the defendant's knowledge about the overall scheme to traffic firearms2 7iv7 the amount of money or value of nonmonetary compensation provided to the defendant for the defendant's participation2 and 7v7 the defendant's culpability1 including-- 7,i7 as mitigating factors1 whether the defendant-- 7aa7 is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms2 7bb7 is a domestic violence survivor2 or 7cc7 has been otherwise exploited by personal affection1 fear of reprisals1 or economic need to commit an offense under section #icb of title #ah1 ,united ,states ,code 7as added by subsection 7a772 and 7,,ii7 as aggravating factors1 whether-- 7aa7 the trafficked firearms were used in additional crimes2 7bb7 a person was injured or killed with the trafficked firearms2 or 7cc7 the defendant was previously convicted of a firearms-related offense4 7d7 ,directive to the ,attorney ,general ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report containing the following information3 7#a7 ,for the prior #ab-month period-- 7,a7 the number of investigations initiated for violations of section #icb of title #ah1 ,united ,states ,code 7as added by subsection 7a772 7,b7 the number of ,federal firearm licensees or other individuals or entities-- 7i7 that were criminally charged with a violation described in subparagraph 7,a72 or 7ii7 against whom a civil penalty case was initiated for a violation described in subparagraph 7,a72 and 7,c7 the number of investigations described in subparagraph 7,a7 referred to the ,attorney ,general from the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 the ,federal ,bureau of ,investigation1 or any other ,federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case4 7#b7 ,to the extent the information is available1 the average length of the sentences of imprisonment and average fines imposed on individuals1 entities1 and ,federal firearm licensees convicted of violations of section #icb of title #ah1 ,united ,states ,code1 7as added by subsection 7a77 during the prior #ab-month period4 7#c7 ,a narrative describing the firearm trafficking schemes prosecuted under section #icb of title #ah1 ,united ,states ,code1 7as added by subsection 7a77 during the prior #ab-month period1 including-- 7,a7 the sources of firearms2 7,b7 the roles of various defendants in the scheme2 7,c7 the number of firearms trafficked2 and 7,d7 a description of any trafficking practices or trends common among various firearm trafficking schemes4 #c4 ,removing relief from disabilities exception for licensees indicted for firearms trafficking ,section #ibe7;b7 of title #ah1 ,united ,states ,code1 is amended by inserting other than firearms trafficking under section #icb1 after indicted for a crime punishable by imprisonment for a term exceeding one year14 #d4 ,elimination of obligatory stay of effective date of license revocation ,section #ibc7;f77#b7 of title #ah1 ,united ,states ,code1 is amended by striking the period at the end of the second sentence and inserting the following3 unless the revocation is based in whole or in part on a violation of section #icb1 in which case1 the ,attorney ,general may only stay the effective date of the revocation upon a showing by the holder that good cause exists 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