Stop Illegal Trafficking in Firearms Act of 2021

II 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 fol- lowing 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Illegal Trafficking 4 in Firearms Act of 2021’’. 5 SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAF- 6 FICKING AMENDMENTS. 7 (a) IN GENERAL.—Chapter 44 of title 18, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 878 IS ‘‘§ 932. Straw purchasing of firearms 1 ‘‘(a) DEFINITIONS.—For purposes of this section— 2 ‘‘(1) the term ‘crime of violence’— 3 ‘‘(A) has the meaning given that term in 4 section 924(c)(3); and 5 ‘‘(B) includes a felony offense under the 6 laws of a State that meets the criteria described 7 in subparagraph (A) or (B) of such section 8 924(c)(3); 9 ‘‘(2) the term ‘drug trafficking crime’— 10 ‘‘(A) has the meaning given that term in 11 section 924(c)(2); and 12 ‘‘(B) includes a felony punishable under 13 the law of a State for which the conduct consti- 14 tuting the offense would constitute a felony 15 punishable under the Controlled Substances Act 16 (21 U.S.C. 801 et seq.), the Controlled Sub- 17 stances Import and Export Act (21 U.S.C. 951 18 et seq.), or chapter 705 of title 46; 19 ‘‘(3) the term ‘Federal crime of terrorism’ has 20 the meaning given that term in section 2332b(g)(5); 21 and 22 ‘‘(4) the term ‘purchase’ includes the receipt of 23 any firearm by a person who does not own the fire- 24 arm— 25 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 878 IS ‘‘(A) by way of pledge or pawn as security 1 for the payment or repayment of money; or 2 ‘‘(B) on consignment. 3 ‘‘(b) VIOLATION.—It shall be unlawful for any person 4 (other than a licensed importer, licensed manufacturer, li- 5 censed collector, or licensed dealer) to knowingly purchase, 6 or attempt or conspire to purchase, any firearm in or oth- 7 erwise affecting interstate or foreign commerce— 8 ‘‘(1) from a licensed importer, licensed manu- 9 facturer, licensed collector, or licensed dealer for, on 10 behalf of, or at the request or demand of any other 11 person, known or unknown; or 12 ‘‘(2) from any person who is not a licensed im- 13 porter, licensed manufacturer, licensed collector, or 14 licensed dealer for, on behalf of, or at the request or 15 demand of any other person, known or unknown, 16 knowing or having reasonable cause to believe that 17 such other person— 18 ‘‘(A) is under indictment for, or has been 19 convicted in any court of, a crime punishable by 20 imprisonment for a term exceeding 1 year; 21 ‘‘(B) is a fugitive from justice; 22 ‘‘(C) is an unlawful user of or addicted to 23 any controlled substance (as defined in section 24 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 878 IS 102 of the Controlled Substances Act (21 1 U.S.C. 802)); 2 ‘‘(D) has been adjudicated as a mental de- 3 fective or has been committed to any mental in- 4 stitution; 5 ‘‘(E) is an alien who— 6 ‘‘(i) is illegally or unlawfully in the 7 United States; or 8 ‘‘(ii) except as provided in section 9 922(y)(2), has been admitted to the United 10 States under a nonimmigrant visa (as that 11 term is defined in section 101(a)(26) of 12 the Immigration and Nationality Act (8 13 U.S.C. 1101(a)(26))); 14 ‘‘(F) has been discharged from the Armed 15 Forces under dishonorable conditions; 16 ‘‘(G) having been a citizen of the United 17 States, has renounced his or her citizenship; 18 ‘‘(H) is subject to a court order that re- 19 strains such person from harassing, stalking, or 20 threatening an intimate partner of such person 21 or child of such intimate partner or person, or 22 engaging in other conduct that would place an 23 intimate partner in reasonable fear of bodily in- 24 jury to the partner or child, except that this 25 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 878 IS subparagraph shall only apply to a court order 1 that— 2 ‘‘(i) was issued after a hearing of 3 which such person received actual notice, 4 and at which such person had the oppor- 5 tunity to participate; and 6 ‘‘(ii)(I) includes a finding that such 7 person represents a credible threat to the 8 physical safety of such intimate partner or 9 child; or 10 ‘‘(II) by its terms explicitly prohibits 11 the use, attempted use, or threatened use 12 of physical force against such intimate 13 partner or child that would reasonably be 14 expected to cause bodily injury; 15 ‘‘(I) has been convicted in any court of a 16 misdemeanor crime of domestic violence; 17 ‘‘(J)(i) does not reside in any State; and 18 ‘‘(ii) is not a citizen or lawful permanent 19 resident of the United States; 20 ‘‘(K) intends to sell or otherwise dispose of 21 the firearm to a person described in any of sub- 22 paragraphs (A) through (J); or 23 ‘‘(L) intends to— 24 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 878 IS ‘‘(i) use, carry, possess, or sell or oth- 1 erwise dispose of the firearm in further- 2 ance of a Federal crime of terrorism, a 3 crime of violence, or a drug trafficking 4 crime; or 5 ‘‘(ii) export the firearm in violation of 6 law. 7 ‘‘(c) PENALTY.— 8 ‘‘(1) IN GENERAL.—Except as provided in para- 9 graph (2), any person who violates subsection (b) 10 shall be fined under this title, imprisoned for not 11 more than 15 years, or both. 12 ‘‘(2) USE IN CRIMES OF VIOLENCE.—If a viola- 13 tion of subsection (b) is committed knowing or with 14 reasonable cause to believe that any firearm involved 15 will be used to commit a crime of violence, the per- 16 son shall be sentenced to a term of imprisonment of 17 not more than 25 years. 18 ‘‘(d) EXCEPTIONS.—Subsection (b)(1) shall not apply 19 to any firearm that is lawfully purchased by a person— 20 ‘‘(1) to be given as a bona fide gift to a recipi- 21 ent who provided no service or tangible thing of 22 value to acquire the firearm; 23 ‘‘(2) to be given to a bona fide winner of an or- 24 ganized raffle, contest, or auction conducted in ac- 25 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 878 IS cordance with law and sponsored by a national, 1 State, or local organization or association; 2 ‘‘(3) to be given as a bona fide gratuity to a 3 hunting guide; 4 ‘‘(4) to be given as a bona fide bonus to an em- 5 ployee as the result of lawful services performed in 6 the course of an employment relationship; or 7 ‘‘(5) to be given as a bona fide commemorative 8 award or honorarium, 9 unless the purchaser knows or has reasonable cause to be- 10 lieve the recipient of the firearm is prohibited by Federal 11 law from possessing, receiving, selling, shipping, trans- 12 porting, transferring, or otherwise disposing of the fire- 13 arm. 14 ‘‘§ 933. Trafficking in firearms 15 ‘‘(a) IN GENERAL.—It shall be unlawful for any per- 16 son to— 17 ‘‘(1) ship, transport, transfer, cause to be 18 transported, or otherwise dispose of any firearm to 19 another person in or otherwise affecting interstate or 20 foreign commerce, if such person knows or has rea- 21 sonable cause to believe that the use, carrying, or 22 possession of a firearm by the recipient would be in 23 violation of any Federal or State law punishable by 24 a term of imprisonment exceeding 1 year; 25 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 878 IS ‘‘(2) receive from another person any firearm in 1 or otherwise affecting interstate or foreign com- 2 merce, if the recipient knows or has reasonable 3 cause to believe that such receipt would be in viola- 4 tion of any Federal or State law punishable by a 5 term of imprisonment exceeding 1 year; or 6 ‘‘(3) attempt or conspire to commit the conduct 7 described in paragraph (1) or (2). 8 ‘‘(b) PENALTY.—Any person who violates subsection 9 (a) shall be fined under this title, imprisoned for not more 10 than 15 years, or both. 11 ‘‘§ 934. Forfeiture and fines 12 ‘‘(a) FORFEITURE.— 13 ‘‘(1) IN GENERAL.—Any person convicted of a 14 violation of section 932 or 933 shall forfeit to the 15 United States, irrespective of any provision of State 16 law— 17 ‘‘(A) any property constituting, or derived 18 from, any proceeds the person obtained, directly 19 or indirectly, as the result of such violation; and 20 ‘‘(B) any of the person’s property used, or 21 intended to be used, in any manner or part, to 22 commit, or to facilitate the commission of, such 23 violation, except that for any forfeiture of any 24 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 878 IS firearm or ammunition pursuant to this section, 1 section 924(d) shall apply. 2 ‘‘(2) IMPOSITION.—The court, in imposing sen- 3 tence on a person convicted of a violation of section 4 932 or 933, shall order, in addition to any other 5 sentence imposed pursuant to section 932 or 933, 6 that the person forfeit to the United States all prop- 7 erty described in paragraph (1). 8 ‘‘(b) FINES.—A defendant who derives profits or 9 other proceeds from an offense under section 932 or 933 10 may be fined not more than the greater of— 11 ‘‘(1) the fine otherwise authorized by this part; 12 or 13 ‘‘(2) the amount equal to twice the gross profits 14 or other proceeds of the offense under section 932 15 or 933.’’. 16 (b) TITLE III AUTHORIZATION.—Section 2516(1)(n) 17 of title 18, United States Code, is amended by striking 18 ‘‘sections 922 and 924’’ and inserting ‘‘section 922, 924, 19 932, or 933’’. 20 (c) RACKETEERING AMENDMENT.—Section 21 1961(1)(B) of title 18, United States Code, is amended 22 by inserting ‘‘section 932 (relating to straw purchasing), 23 section 933 (relating to trafficking in firearms),’’ before 24 ‘‘section 1028’’. 25 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 878 IS (d) MONEY LAUNDERING AMENDMENT.—Section 1 1956(c)(7)(D) of title 18, United States Code, is amended 2 by striking ‘‘section 924(n)’’ and inserting ‘‘section 3 924(n), 932, or 933’’. 4 (e) DIRECTIVE TO SENTENCING COMMISSION.—Pur- 5 suant to its authority under section 994 of title 28, United 6 States Code, and in accordance with this section, the 7 United States Sentencing Commission shall review and 8 amend its guidelines and policy statements to ensure that 9 persons convicted of an offense under section 932 or 933 10 of title 18, United States Code, and other offenses applica- 11 ble to the straw purchases and firearms trafficking of fire- 12 arms are subject to increased penalties in comparison to 13 those currently provided by the guidelines and policy state- 14 ments for such straw purchasing and firearms trafficking 15 offenses. In its review, the Commission shall consider, in 16 particular, an appropriate amendment to reflect the intent 17 of Congress that straw purchasers without significant 18 criminal histories receive sentences that are sufficient to 19 deter participation in such activities. The Commission 20 shall also review and amend its guidelines and policy state- 21 ments to reflect the intent of Congress that a person con- 22 victed of an offense under section 932 or 933 of title 18, 23 United States Code, who is affiliated with a gang, cartel, 24 organized crime ring, or other such enterprise should be 25 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 878 IS subject to higher penalties than an otherwise unaffiliated 1 individual. 2 (f) TECHNICAL AND CONFORMING AMENDMENT.— 3 The table of sections for chapter 44 of title 18, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘932. Straw purchasing of firearms. ‘‘933. Trafficking in firearms. ‘‘934. Forfeiture and fines.’’. SEC. 3. AMENDMENTS TO SECTION 922(d). 7 Section 922(d) of title 18, United States Code, is 8 amended— 9 (1) in paragraph (8), by striking ‘‘or’’ at the 10 end; 11 (2) in paragraph (9), by striking the period at 12 the end and inserting a semicolon; and 13 (3) by striking the matter following paragraph 14 (9) and inserting the following: 15 ‘‘(10) intends to sell or otherwise dispose of the 16 firearm or ammunition to a person described in any 17 of paragraphs (1) through (9); or 18 ‘‘(11) intends— 19 ‘‘(A) to sell or otherwise dispose of the 20 firearm or ammunition in furtherance of a Fed- 21 eral crime of terrorism, a crime of violence, or 22 a drug trafficking offense, as such terms are 23 defined in section 932(a); or 24 VerDate Sep 11 2014 23:18 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S878.IS S878 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 878 IS ‘‘(B) to export the firearm or ammunition 1 in violation of law. 2 This subsection shall not apply with respect to the sale 3 or disposition of a firearm or ammunition to a licensed 4 importer, licensed manufacturer, licensed dealer, or li- 5 censed collector who pursuant to subsection (b) of section 6 925 is not precluded from dealing in firearms or ammuni- 7 tion, or to a person who has been granted relief from dis- 8 abilities pursuant to subsection (c) of section 925.’’. 9 SEC. 4. AMENDMENTS TO SECTION 924(a). 10 Section 924(a) of title 18, United States Code, is 11 amended— 12 (1) in paragraph (2), by striking ‘‘(d), (g),’’; 13 and 14 (2) by adding at the end the following: 15 ‘‘(8) Whoever knowingly violates subsection (d) or (g) 16 of section 922 shall be fined under this title, imprisoned 17 for not more than 15 years, or both.’’. 18 SEC. 5. AMENDMENTS TO SECTION 924(d). 19 Section 924(d) of title 18, United Sta [Text truncated for display. Full text available on Congress.gov.]