[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4939 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4939
To amend title 18, United States Code, to combat straw purchases of
firearms.
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IN THE HOUSE OF REPRESENTATIVES
October 31, 2019
Mr. Bacon (for himself and Mr. Cisneros) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to combat straw purchases of
firearms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STOP Straw Purchases Act''.
SEC. 2. INCREASE IN PENALTIES FOR STRAW PURCHASERS OF FIREARMS.
Section 924(a)(2) of title 18, United States Code, is amended by
inserting ``, except that in the case of a violation of section
922(a)(6) involving deception as to the identity of the actual
transferee of a firearm, if the violator knows or has reasonable cause
to believe the actual transferee intends the firearm to be used to
commit a crime of violence (as defined in subsection (c)(3)) or drug
trafficking crime (as defined in subsection (c)(2)) or to be disposed
of to a person prohibited from receiving the firearm, the violator
shall be fined not more than $750,000, imprisoned not more than 25
years, or both'' before the period.
SEC. 3. PROHIBITION ON CONTINUING CRIMINAL ENTERPRISE INVOLVING STRAW
PURCHASES OF FIREARMS; PROHIBITION ON OBTAINING FIREARM
BY INDUCING STRAW PURCHASE.
(a) Prohibitions.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) It shall be unlawful for any person, in or affecting
interstate or foreign commerce, to--
``(1) induce, or act in concert with, another person to
engage in a continuing series of violations of subsection
(a)(6) involving deception as to the identity of the actual
transferee of a firearm, with the intent to obtain the firearm
for use in a crime of violence (as defined in section
924(c)(3)) or drug trafficking crime (as defined in section
924(c)(2)) or on behalf of a person prohibited from receiving
the firearm, from which such person obtains substantial income
or resources; and
``(2) with respect to such other person, occupy a position
of organizer, a supervisory position, or any other position of
management.
``(bb) It shall be unlawful for any person, in or affecting
interstate or foreign commerce, to obtain a firearm by inducing another
person to violate subsection (a)(6) by falsely claiming to be the
actual transferee of the firearm, with the intent to obtain the firearm
for use in a crime of violence (as defined in section 924(c)(3)) or
drug trafficking crime (as defined in section 924(c)(2)) or on behalf
of a person prohibited from receiving the firearm.''.
(b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(8) Whoever knowingly violates section 922(aa) shall be fined not
more than $1,000,000, imprisoned not more than 30 years, or both.
``(9) Whoever knowingly violates section 922(bb) shall be fined not
more than $750,000, imprisoned not more than 25 years, or both.''.
SEC. 4. INCLUSION IN FIREARMS TRANSACTION RECORD FORM OF OUTLINE OF
PENALTIES FOR THE STRAW PURCHASE OF A FIREARM.
The Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives shall ensure that the Firearms Transaction Record form used
by the Bureau includes a statement outlining the penalties for acting
as the straw purchaser of a firearm. For purposes of this section, a
person acts as the straw purchaser of a firearm if the person violates
section 922(a)(6) of title 18, United States Code, through deception as
to the identity of the actual transferee of the firearm, if the person
knows or has reasonable cause to believe the actual transferee intends
the firearm is to be used to commit a crime of violence (as defined in
section 924(c)(3) of such title) or drug trafficking crime (as defined
in section 924(c)(2) of such title) or to be disposed of to a person
prohibited from receiving the firearm.
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