II

Calendar No. 23
113TH CONGRESS 1ST SESSION

S. 54

To increase public safety by punishing and deterring firearms trafficking.

IN THE SENATE OF THE UNITED STATES

JANUARY 22 (legislative day, JANUARY 3), 2013 Mr. LEAHY (for himself, Mr. DURBIN, Mr. BLUMENTHAL, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary MARCH 11, 2013 Reported by Mr. LEAHY, 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 trafficking. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4

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SECTION 1. SHORT TITLE.

This Act may be cited as the Stop Illegal Trafficking

5 in Firearms Act of 2013. 6 7

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

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2
Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1. 2. 3. 4. 5. 6. 7. Short title. Table of contents. Punishing and deterring straw purchasing of firearms. Amendments to section 922(a)(6). Amendments to section 922(d). Amendments to section 924(h). Amendments to section 924(k).

1 2 3

SEC. 3. PUNISHING AND DETERRING STRAW PURCHASING OF FIREARMS.

(a) IN GENERAL.Chapter 44 of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing: 6 932. Straw purchasing of firearms 7 (a) Any person (other than a licensed importer, li-

8 censed manufacturer, or licensed dealer) who knowingly 9 purchases any firearm for, on behalf of, or with intent to 10 transfer it to, any other person, if that firearm has moved 11 in or otherwise affected interstate or foreign commerce, 12 or attempts or conspires to do so, shall be fined under 13 this title, imprisoned not more than 20 years or both. For 14 purposes of this section, the term purchases includes the 15 receipt of any firearm from pawn or on consignment by 16 a person who does not own the firearm. 17 (b) Subsection (a) shall not apply to any firearm

18 that is lawfully purchased by a person 19 20

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(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reason to believe such recipient is proS 54 RS

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 hibited by Federal, State, or local law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or (2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reason to believe such recipient is prohibited by Federal, State, or local law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. (c) If any violation of subsection (a) is committed

15 knowing or with reasonable cause to believe that any fire16 arm involved will be used to commit a crime of violence, 17 the person shall be sentenced to a term of imprisonment 18 of not more than 30 years. 19 933. Forfeiture and fines 20 (a)(1) Any person convicted of a violation of this

21 chapter shall forfeit to the United States, irrespective of 22 any provision of State law 23
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(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

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4 1 2 3 4 5 (B) any of the persons property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. (2) The court, in imposing sentence on a person con-

6 victed of a violation of this chapter, shall order, in addition 7 to any other sentence imposed pursuant to this chapter, 8 that the person forfeit to the United States all property 9 described in paragraph (1). 10 (b) A defendant who derives profits or other pro-

11 ceeds from an offense under this chapter may be fined 12 not more than the greater of 13 14 15 16 17 18 and (2) the amount equal to twice the gross profits or other proceeds of the offense under this chapter.. (b) TITLE III AUTHORIZATION.Section 2516(1)(n) (1) the fine otherwise authorized by this part;

19 of title 18, United States Code, is amended by striking 20 and 924(n) and inserting , 924, and 932. 21 (c) RACKETEERING AMENDMENT.Section

22 1961(1)(B) of title 18, United States Code, is amended 23 by adding at the end the following: section 932 (relating
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24 to trafficking in firearms),.

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5 1 (d) MONEY LAUNDERING AMENDMENT.Section

2 1956(c)(7)(D) of title 18, United States Code, is amended 3 by striking section 924(n) and inserting sections 4 924(n) and 932. 5 (e) DIRECTIVE
TO

SENTENCING COMMISSION.Pur-

6 suant to its authority under section 994 of title 28, United 7 States Code, and in accordance with this section, the 8 United States Sentencing Commission shall review and 9 amend its guidelines and policy statements to ensure that 10 persons convicted of an offense under section 932 of title 11 18, United States Code and other offenses applicable to 12 the straw purchases of firearms are subject to increased 13 penalties in comparison to those currently provided by the 14 guidelines and policy statements for such straw pur15 chasing offenses. In carrying out this subsection, the Com16 mission shall ensure that the sentencing guidelines and 17 policy statements reflect Congress intent that the applica18 ble guideline penalties be increased and the guidelines and 19 policy statements reflect the extremely serious nature of 20 the offenses described in the amendment made by sub21 section (a), the incidence of such offenses, and the need 22 for an effective deterrent and appropriate punishment to 23 prevent such offenses.
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24

(f) TECHNICAL

AND

CONFORMING AMENDMENT.

25 The table of sections of chapter 44 of title 18, United

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6 1 States Code, is amended by adding at the end the fol2 lowing:

932. Straw purchasing of firearms. 933. Forfeiture and fines..

3 4

SEC. 4. AMENDMENTS TO SECTION 922(A)(6).

Section 922(a) of title 18, United States Code, is

5 amended by adding at the end the following: 6 For purposes of paragraph (6), in addition to the eligi7 bility of a person to ship, transport, receive, or possess 8 any firearm or ammunition, information concerning the 9 identity, age, place of residence (to include address), and 10 citizenship or immigration status of a person shall be con11 sidered material to the lawfulness of the sale or other dis12 position of a firearm or ammunition. 13 14
SEC. 5. AMENDMENTS TO SECTION 922(D).

Section 922(d) of title 18, United States Code, is

15 amended 16 17 18 19 20 21 22
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(1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting ;; and (3) by striking the matter following paragraph (9) and inserting the following: (10) is prohibited by State or local law from possessing, receiving, selling, shipping, transporting,

23

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7 1 2 3 4 5 6 7 8 9 transferring, or otherwise disposing of the firearm or ammunition; (11) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (10); or (12) 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 law.

10 This subsection shall not apply with respect to the sale 11 or disposition of a firearm or ammunition to a licensed 12 importer, licensed manufacturer, licensed dealer, or li13 censed collector who pursuant to subsection (b) of section 14 925 is not precluded from dealing in firearms or ammuni15 tion, or to a person who has been granted relief from dis16 abilities pursuant to subsection (c) of section 925.. 17 18
SEC. 6. AMENDMENTS TO SECTION 924(H).

Section 924 of title 18, United States Code, is

19 amended by striking subsection (h) and inserting the fol20 lowing: 21 (h)(1) Whoever knowingly receives or transfers a

22 firearm or ammunition, or attempts or conspires to do so, 23 knowing or having reasonable cause to believe that such
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24 firearm or ammunition will be used to commit a crime of 25 violence (as defined in subsection (c)(3)), a drug trafS 54 RS
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8 1 ficking crime (as defined in subsection (c)(2)), or a crime 2 under the Arms Export Control Act (22 U.S.C. 2751 et 3 seq.), the International Emergency Economic Powers Act 4 (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin 5 Designation Act (21 U.S.C. 1901 et seq.), or section 6 212(a)(2)(C) of the Immigration and Nationality Act (8 7 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 8 30 years, fined in accordance with this title, or both. 9 (2) No term of imprisonment imposed on a person

10 under this subsection shall run concurrently with any term 11 of imprisonment imposed on the person under section 12 932.. 13 14
SEC. 7. AMENDMENTS TO SECTION 924(K).

Section 924 of title 18, United States Code, is

15 amended by striking subsection (k) and inserting the fol16 lowing: 17 (k)(1) A person who, with intent to engage in or

18 to promote conduct that 19 20 21 22 23

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(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); or

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9 1 2 (C) constitutes a crime of violence (as defined in subsection (c)(3)),

3 smuggles or knowingly brings into the United States, a 4 firearm or ammunition, or attempts or conspires to do so, 5 shall be imprisoned not more than 10 years, fined under 6 this title, or both. 7 (2) A person who, with intent to engage in or to

8 promote conduct that 9 10 11 12 13 14 15 16 17 18 (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)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States,

19 smuggles or knowingly takes out of the United States, a 20 firearm or ammunition, or attempts or conspires to do so, 21 shall be imprisoned not more than 10 years, fined under 22 this title, or both.. 23
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SECTION 1. SHORT TITLE.

24

This Act may be cited as the Stop Illegal Trafficking

25 in Firearms Act of 2013.

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10 1 2
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and firearms trafficking amendments. Sec. 4. Amendments to section 922(d). Sec. 5. Amendments to section 924(a). Sec. 6. Amendments to section 924(h). Sec. 7. Amendments to section 924(k). Sec. 8. Limitation on operations by the Department of Justice.

3 4 5 6

SEC. 3. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW PURCHASING AND FIREARMS

TRAFFICKING AMENDMENTS.

(a) IN GENERAL.Chapter 44 of title 18, United

7 States Code, is amended by adding at the end the following: 8 932. Straw purchasing of firearms 9 10 11 12 13 14 15 16 17 18 19
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(a) 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 purchase includes the receipt of any firearm by a person who does not own the firearm (A) by way of pledge or pawn as security for the payment or repayment of money; or (B) on consignment. (b) It shall be unlawful for any person (other than

20

21 a licensed importer, licensed manufacturer, licensed colS 54 RS

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11 1 lector, or licensed dealer) to knowingly purchase, or attempt 2 or conspire to purchase, any firearm in or otherwise affect3 ing interstate or foreign commerce 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
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(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or (2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person (A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; (B) is a fugitive from justice; (C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (D) has been adjudicated as a mental defective or has been committed to any mental institution; (E) is an alien who

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(i) is illegally or unlawfully in the United States; or (ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); (F) has been discharged from the Armed Forces under dishonorable conditions; (G) having been a citizen of the United States, has renounced his or her citizenship; (H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that (i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

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(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; (I) has been convicted in any court of a misdemeanor crime of domestic violence; (J) intends to (i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or (ii) export the firearm or ammunition in violation of law; (K)(i) does not reside in any State; and (ii) is not a citizen of the United States; or (L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K).

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14 1 (c)(1) Except as provided in paragraph (2), any per-

2 son who violates subsection (b) shall be fined under this 3 title, imprisoned for not more than 15 years, or both. 4 (2) If a violation of subsection (b) is committed know-

5 ing or with reasonable cause to believe that any firearm 6 involved will be used to commit a crime of violence, the 7 person shall be sentenced to a term of imprisonment of not 8 more than 25 years. 9 (d) Subsection (b)(1) shall not apply to any firearm

10 that is lawfully purchased by a person 11 12 13 14 15 16 17 18 19 20 21 22 23

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(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or (2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping,

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15 1 2 transporting, transferring, or otherwise disposing of the firearm.

3 933. Trafficking in firearms 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

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(a) It shall be unlawful for any person to (1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; (2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or (3) attempt or conspire to commit the conduct described in paragraph (1) or (2). (b)(1) Except as provided in paragraph (2), any per-

24 son who violates subsection (a) shall be fined under this 25 title, imprisoned for not more than 15 years, or both.
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16 1 (2) If a violation of subsection (a) is committed by

2 a person in concert with 5 or more other persons with re3 spect to whom such person occupies a position of organizer, 4 leader, supervisor, or manager, the person shall be sentenced 5 to a term of imprisonment of not more than 25 years. 6 934. Forfeiture and fines 7 (a)(1) Any person convicted of a violation of section

8 932 or 933 shall forfeit to the United States, irrespective 9 of any provision of State law 10 11 12 13 14 15 16 (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (B) any of the persons property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. (2) The court, in imposing sentence on a person con-

17 victed of a violation of section 932 or 933, shall order, in 18 addition to any other sentence imposed pursuant to section 19 932 or 933, that the person forfeit to the United States all 20 property described in paragraph (1). 21 (b) A defendant who derives profits or other proceeds

22 from an offense under section 932 or 933 may be fined not 23 more than the greater of
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24 25 and

(1) the fine otherwise authorized by this part;

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17 1 2 3 4 (2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.. (b) TITLE III AUTHORIZATION.Section 2516(1)(n)

5 of title 18, United States Code, is amended by striking and 6 924(n) and inserting , 924, 932, or 933. 7 (c) RACKETEERING AMENDMENT.Section 1961(1)(B)

8 of title 18, United States Code, is amended by inserting 9 section 932 (relating to straw purchasing), section 933 (re10 lating to trafficking in firearms), before section 1028. 11 (d) MONEY LAUNDERING AMENDMENT.Section

12 1956(c)(7)(D) of title 18, United States Code, is amended 13 by striking section 924(n) and inserting section 924(n), 14 932, or 933. 15 (e) DIRECTIVE
TO

SENTENCING COMMISSION.Pursu-

16 ant to its authority under section 994 of title 28, United 17 States Code, and in accordance with this section, the United 18 States Sentencing Commission shall review and amend its 19 guidelines and policy statements to ensure that persons con20 victed of an offense under section 932 or 933 of title 18, 21 United States Code and other offenses applicable to the 22 straw purchases and firearms trafficking of firearms are 23 subject to increased penalties in comparison to those curtkelley on DSK3SPTVN1PROD with BILLS

24 rently provided by the guidelines and policy statements for 25 such straw purchasing and firearms trafficking offenses.
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18 1 The Commission shall also review and amend its guidelines 2 and policy statements to reflect the intent of Congress that 3 a person convicted of an offense under section 932 or 933 4 of title 18, United States Code, who is affiliated with a 5 gang, cartel, organized crime ring, or other such enterprise 6 should be subject to higher penalties than an otherwise unaf7 filiated individual. 8 (f) TECHNICAL
AND

CONFORMING AMENDMENT.The

9 table of sections of chapter 44 of title 18, United States 10 Code, is amended by adding at the end the following:
932. Straw purchasing of firearms. 933. Trafficking in firearms. 934. Forfeiture and fines..

11 12

SEC. 4. AMENDMENTS TO SECTION 922(d).

Section 922(d) of title 18, United States Code, is

13 amended 14 15 16 17 18 19 20 21
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(1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: (10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or (11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of
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19 1 2 violence or drug trafficking offense or to export the firearm or ammunition in violation of law.

3 This subsection shall not apply with respect to the sale or 4 disposition of a firearm or ammunition to a licensed im5 porter, licensed manufacturer, licensed dealer, or licensed 6 collector who pursuant to subsection (b) of section 925 is 7 not precluded from dealing in firearms or ammunition, or 8 to a person who has been granted relief from disabilities 9 pursuant to subsection (c) of section 925.. 10 11
SEC. 5. AMENDMENTS TO SECTION 924(a).

Section 924(a) of title 18, United States Code, is

12 amended 13 14 15 (1) in paragraph (2), by striking (d), (g),; and (2) by adding at the end the following: (8) Whoever knowingly violates subsection (d) or (g)

16 of section 922 shall be fined under this title, imprisoned 17 not more than 15 years, or both.. 18 19
SEC. 6. AMENDMENTS TO SECTION 924(h).

Section 924 of title 18, United States Code, is amended

20 by striking subsection (h) and inserting the following: 21 (h)(1) Whoever knowingly receives or transfers a fire-

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24 arm or ammunition will be used to commit a crime of vio25 lence (as defined in subsection (c)(3)), a drug trafficking
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20 1 crime (as defined in subsection (c)(2)), or a crime under 2 the Arms Export Control Act (22 U.S.C. 2751 et seq.), the 3 International Emergency Economic Powers Act (50 U.S.C. 4 1701 et seq.), the Foreign Narcotics Kingpin Designation 5 Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the 6 Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) 7 shall be imprisoned not more than 25 years, fined in ac8 cordance with this title, or both. 9 (2) No term of imprisonment imposed on a person

10 under this subsection shall run concurrently with any term 11 of imprisonment imposed on the person under section 932.. 12 13
SEC. 7. AMENDMENTS TO SECTION 924(k).

Section 924 of title 18, United States Code, is amended

14 by striking subsection (k) and inserting the following: 15 (k)(1) A person who, with intent to engage in or to

16 promote conduct that 17 18 19 20 21 22 23

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(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); or (C) constitutes a crime of violence (as defined in subsection (c)(3)),

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21 1 smuggles or knowingly brings into the United States, a fire2 arm or ammunition, or attempts or conspires to do so, shall 3 be imprisoned not more than 15 years, fined under this 4 title, or both. 5 (2) A person who, with intent to engage in or to pro-

6 mote conduct that 7 8 9 10 11 12 13 14 15 (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)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States,

16 smuggles or knowingly takes out of the United States, a fire17 arm or ammunition, or attempts or conspires to do so, shall 18 be imprisoned not more than 15 years, fined under this 19 title, or both.. 20 21 22
SEC. 8. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE.

The Department of Justice, and any of its law enforce-

23 ment coordinate agencies, shall not conduct any operation

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24 where a Federal firearms licensee is directed, instructed, en25 ticed, or otherwise encouraged by the Department of Justice
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22 1 to sell a firearm to an individual if the Department of Jus2 tice, or a coordinate agency, knows or has reasonable cause 3 to believe that such an individual is purchasing on behalf 4 of another for an illegal purpose unless the Attorney Gen5 eral, the Deputy Attorney General, or the Assistant Attor6 ney General for the Criminal Division personally reviews 7 and approves the operation, in writing, and determines 8 that the agency has prepared an operational plan that in9 cludes sufficient safeguards to prevent firearms from being 10 transferred to third parties without law enforcement taking 11 reasonable steps to lawfully interdict those firearms.

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S54

Calendar No. 23
113TH CONGRESS 1ST SESSION

S. 54

MARCH 11, 2013 Reported with an amendment

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To increase public safety by punishing and deterring firearms trafficking.

S54

A BILL