I 117TH CONGRESS 1ST SESSION H. R. 2280 To amend title 18, United States Code, to combat straw purchases of firearms and deter firearms trafficking. IN THE HOUSE OF REPRESENTATIVES MARCH 29, 2021 Ms. KELLY of Illinois (for herself, Mrs. MCBATH, Mr. HORSFORD, Ms. NOR- TON, Mr. MOULTON, Ms. PRESSLEY, Mr. EVANS, Mrs. BEATTY, and Mr. QUIGLEY) introduced the following bill; which was referred to the Com- mittee on the Judiciary A BILL To amend title 18, United States Code, to combat straw purchases of firearms and deter 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 ‘‘Prevent Gun Traf- 4 ficking Act’’. 5 SEC. 2. PROHIBITION ON STRAW PURCHASES OF FIRE- 6 ARMS; PROHIBITION ON GUN TRAFFICKING. 7 (a) IN GENERAL.—Chapter 44 of title 18, United 8 States Code, is amended— 9 VerDate Sep 11 2014 01:32 May 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2280 IH (1) in section 921(a), by adding at the end the 1 following: 2 ‘‘(36) The term ‘family members’ means spouses, do- 3 mestic partners, parents and their children, including 4 step-parents and their step-children, siblings, aunts or un- 5 cles and their nieces or nephews, or grandparents and 6 their grandchildren.’’; and 7 (2) by adding at the end the following: 8 ‘‘§ 932. Gun trafficking 9 ‘‘(a) It shall be unlawful for any person (other than 10 a licensee under this chapter), in or otherwise affecting 11 interstate or foreign commerce, to knowingly purchase or 12 acquire, or attempt to purchase or acquire, a firearm from 13 or through such a licensee for the possession of a third 14 party. 15 ‘‘(b) It shall be unlawful for any person (other than 16 a licensee under this chapter), in or otherwise affecting 17 interstate or foreign commerce, to solicit, hire, demand, 18 or order another person to purchase, or attempt to pur- 19 chase, any firearm for the purpose of obtaining the fire- 20 arm for the person or selling or transferring the firearm 21 to a third party. 22 ‘‘(c) The Attorney General shall ensure that the fire- 23 arm transaction record form required to be completed in 24 connection with a firearm transaction includes a statement 25 VerDate Sep 11 2014 01:32 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2280 IH outlining the penalties that may be imposed for violating 1 subsection (a). 2 ‘‘(d) This section shall not apply to any firearm— 3 ‘‘(1) that is purchased or acquired by any per- 4 son, or that any person attempts to purchase or ac- 5 quire, as a bona fide gift between family members; 6 or 7 ‘‘(2) that is purchased or acquired by an agent 8 of a lawful business, or that an agent of a lawful 9 business attempts to purchase or acquire, for the 10 purpose of transferring to another agent of the busi- 11 ness, for lawful use in the business, 12 if the purchaser or person acquiring the firearm has no 13 reason to believe that the recipient of the firearm will use 14 or intends to use the firearm in a crime or is prohibited 15 from purchasing or possessing firearms under State or 16 Federal law.’’. 17 (b) FORFEITURE.—Section 982(a)(5) of such title is 18 amended— 19 (1) in subparagraph (D), by striking ‘‘or’’ at 20 the end; and 21 (2) by inserting after subparagraph (E) the fol- 22 lowing: 23 ‘‘(F) section 922(a)(1)(A) (related to unlicensed 24 firearms sales); 25 VerDate Sep 11 2014 01:32 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2280 IH ‘‘(G) section 922(d) (relating to illegal gun 1 transfers); or 2 ‘‘(H) section 932 (relating to gun trafficking),’’. 3 (c) MONEY LAUNDERING AMENDMENT.—Section 4 1956(c)(7)(D) of such title is amended by striking ‘‘sec- 5 tion 924(n)’’ and inserting ‘‘section 922(a)(1)(A), 922(d), 6 924(n), or 932’’. 7 (d) CLERICAL AMENDMENT.—The table of sections 8 for such chapter is amended by adding at the end the fol- 9 lowing: 10 ‘‘932. Gun trafficking.’’. SEC. 3. PROHIBITION ON DISPOSITION OF FIREARM TO 11 PERSON INTENDING UNLAWFUL FURTHER 12 DISPOSITION. 13 Section 922(d) of title 18, United States Code, is 14 amended in the 1st sentence— 15 (1) in paragraph (8), by striking ‘‘or’’ at the 16 end; 17 (2) in paragraph (9), by striking the period at 18 the end and inserting ‘‘; or’’; and 19 (3) by inserting after and below paragraph (9) 20 the following: 21 ‘‘(10) intends to sell or otherwise dispose of the 22 firearm or ammunition in violation of a Federal law, 23 or to sell or otherwise dispose of the firearm or am- 24 VerDate Sep 11 2014 01:32 May 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2280 IH munition to a person in another State in violation of 1 a law of that State.’’. 2 SEC. 4. PENALTIES. 3 Section 924(a) of title 18, United States Code, is 4 amended by adding at the end the following: 5 ‘‘(8) Whoever knowingly violates section 922(a)(1)(A) 6 or 932 shall be fined under this title, imprisoned not more 7 than 10 years, or both.’’. 8 SEC. 5. FIREARMS SUBJECT TO FORFEITURE. 9 Section 924(d) of title 18, United States Code, is 10 amended— 11 (1) in paragraph (1), by inserting ‘‘or 932’’ 12 after ‘‘section 924’’; and 13 (2) in paragraph (3)— 14 (A) in subparagraph (E), by striking 15 ‘‘and’’ at the end; 16 (B) in subparagraph (F), by striking the 17 period at the end and inserting ‘‘; and’’; and 18 (C) by adding at the end the following: 19 ‘‘(G) any offense under section 932.’’. 20 Æ VerDate Sep 11 2014 01:32 May 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2280.IH H2280 pbinns on DSKJLVW7X2PROD with BILLS