[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 878 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 878
To increase public safety by punishing and deterring firearms
trafficking.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2021
Mr. Leahy (for himself, Ms. Collins, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To increase public safety by punishing and deterring firearms
trafficking.
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 Illegal Trafficking in Firearms
Act of 2021''.
SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence'--
``(A) has the meaning given that term in section
924(c)(3); and
``(B) includes a felony offense under the laws of a
State that meets the criteria described in subparagraph
(A) or (B) of such section 924(c)(3);
``(2) the term `drug trafficking crime'--
``(A) has the meaning given that term in section
924(c)(2); and
``(B) includes a felony punishable under the law of
a State for which the conduct constituting the offense
would constitute a felony 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;
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5); and
``(4) 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) Violation.--It shall be unlawful for any person (other than a
licensed importer, licensed manufacturer, licensed collector, or
licensed dealer) to knowingly purchase, or attempt or conspire to
purchase, any firearm in or otherwise affecting interstate or foreign
commerce--
``(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--
``(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
``(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)(i) does not reside in any State; and
``(ii) is not a citizen or lawful permanent
resident of the United States;
``(K) intends to sell or otherwise dispose of the
firearm to a person described in any of subparagraphs
(A) through (J); or
``(L) intends to--
``(i) use, carry, possess, or sell or
otherwise dispose of the firearm in furtherance
of a Federal crime of terrorism, a crime of
violence, or a drug trafficking crime; or
``(ii) export the firearm in violation of
law.
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), any
person who violates subsection (b) shall be fined under this
title, imprisoned for not more than 15 years, or both.
``(2) Use in crimes of violence.--If a violation of
subsection (b) is committed knowing or with reasonable cause to
believe that any firearm involved will be used to commit a
crime of violence, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm
that is lawfully purchased by a person--
``(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;
``(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;
``(3) to be given as a bona fide gratuity to a hunting
guide;
``(4) to be given as a bona fide bonus to an employee as
the result of lawful services performed in the course of an
employment relationship; or
``(5) to be given as a bona fide commemorative award or
honorarium,
unless the purchaser knows or has reasonable cause to believe the
recipient of the firearm is prohibited by Federal law from possessing,
receiving, selling, shipping, transporting, transferring, or otherwise
disposing of the firearm.
``Sec. 933. Trafficking in firearms
``(a) In General.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of any firearm to another person in or
otherwise affecting interstate or foreign commerce, if such
person knows or has reasonable cause to believe that the use,
carrying, or possession of a firearm by the recipient would be
in violation of any Federal or State law punishable by a term
of imprisonment exceeding 1 year;
``(2) receive from another person any firearm 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 any Federal or State 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) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 15 years, or both.
``Sec. 934. Forfeiture and fines
``(a) Forfeiture.--
``(1) In general.--Any person convicted of a violation of
section 932 or 933 shall forfeit to the United States,
irrespective of any provision of State law--
``(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 person's property used, or
intended to be used, in any manner or part, to commit,
or to facilitate the commission of, such violation,
except that for any forfeiture of any firearm or
ammunition pursuant to this section, section 924(d)
shall apply.
``(2) Imposition.--The court, in imposing sentence on a
person convicted of a violation of section 932 or 933, shall
order, in addition to any other sentence imposed pursuant to
section 932 or 933, that the person forfeit to the United
States all property described in paragraph (1).
``(b) Fines.--A defendant who derives profits or other proceeds
from an offense under section 932 or 933 may be fined not more than the
greater of--
``(1) the fine otherwise authorized by this part; or
``(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) of title 18,
United States Code, is amended by striking ``sections 922 and 924'' and
inserting ``section 922, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 932 (relating to straw
purchasing), section 933 (relating to trafficking in firearms),''
before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 924(n)'' and
inserting ``section 924(n), 932, or 933''.
(e) Directive to 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.
(f) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 3. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(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--
``(A) to sell or otherwise dispose of the firearm
or ammunition in furtherance of a Federal crime of
terrorism, a crime of violence, or a drug trafficking
offense, as such terms are defined in section 932(a);
or
``(B) to export the firearm or ammunition in
violation of law.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
SEC. 4. 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) or (g) of section
922 shall be fined under this title, imprisoned for not more than 15
years, or both.''.
SEC. 5. AMENDMENTS TO SECTION 924(D).
Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``932, or 933,'' after
``section 924,''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932 or 933.''.
SEC. 6. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a Federal crime of terrorism, a crime of violence, or a
drug trafficking crime (as such terms are defined in section 932(a)),
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 fined under this title, imprisoned for not more than
15 years, or both.
``(2) No term of imprisonment imposed on a person under this
subsection shall run concurrently with any term of imprisonment imposed
on the person under section 932.''.
SEC. 7. 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 smuggles or knowingly brings into the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) is punishable under the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46; or
``(B) constitutes a Federal crime of terrorism, a crime of
violence, or a drug trafficking crime (as such terms are
defined in section 932(a)),
shall be fined under this title, imprisoned for not more than 15 years,
or both.
``(2) A person who smuggles or knowingly takes out of the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) would be punishable under 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 Federal crime of terrorism or a
crime of violence (as such terms are defined in section 932(a))
for which the person may be prosecuted in a court of the United
States, if the conduct had occurred within the United States,
shall be fined under this title, imprisoned for not more than 15 years,
or both.''.
SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS.
The Department of Justice, and any of its law enforcement
coordinate agencies, shall not conduct or otherwise facilitate the
transfer of an operable firearm to an individual if any law enforcement
officer employed by the Department of Justice involved with the
transfer knows or has reasonable cause to believe that the recipient of
the firearm is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to allow the establishment of a Federal system of
registration of firearms, firearms ownership, or firearms transactions
or dispositions.
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