II 116TH CONGRESS 1ST SESSION S. 730 To prevent gun trafficking. IN THE SENATE OF THE UNITED STATES MARCH 7, 2019 Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent gun 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 ‘‘Hadiya Pendleton and 4 Nyasia Pryear-Yard Gun Trafficking and Crime Preven- 5 tion Act of 2019’’. 6 SEC. 2. FIREARMS TRAFFICKING. 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 00:20 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S730.IS S730 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 730 IS ‘‘§ 932. Trafficking in firearms 1 ‘‘(a) OFFENSES.—It shall be unlawful for any person, 2 regardless of whether anything of value is exchanged— 3 ‘‘(1) to ship, transport, transfer, or otherwise 4 dispose to a person, 2 or more firearms in or affect- 5 ing interstate or foreign commerce, if the transferor 6 knows or has reasonable cause to believe that such 7 shipping, transportation, transfer, or disposition of 8 the firearm would be in violation of, or would result 9 in a violation of any Federal, State, or local law 10 punishable by a term of imprisonment exceeding 1 11 year; 12 ‘‘(2) to receive from a person, 2 or more fire- 13 arms in or affecting interstate or foreign commerce, 14 if the recipient knows or has reasonable cause to be- 15 lieve that such receipt would be in violation of, or 16 would result in a violation of any Federal, State, or 17 local law punishable by a term of imprisonment ex- 18 ceeding 1 year; 19 ‘‘(3) to make a statement to a licensed im- 20 porter, licensed manufacturer, or licensed dealer re- 21 lating to the purchase, receipt, or acquisition from 22 a licensed importer, licensed manufacturer, or li- 23 censed dealer of 2 or more firearms that have moved 24 in or affected interstate or foreign commerce that— 25 ‘‘(A) is material to— 26 VerDate Sep 11 2014 00:20 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S730.IS S730 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 730 IS ‘‘(i) the identity of the actual buyer of 1 the firearms; or 2 ‘‘(ii) the intended trafficking of the 3 firearms; and 4 ‘‘(B) the person knows or has reasonable 5 cause to believe is false; or 6 ‘‘(4) to direct, promote, or facilitate conduct 7 specified in paragraph (1), (2), or (3). 8 ‘‘(b) PENALTIES.— 9 ‘‘(1) IN GENERAL.—Any person who violates, or 10 conspires to violate, subsection (a) shall be fined 11 under this title, imprisoned for not more than 20 12 years, or both. 13 ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola- 14 tion of subsection (a) is committed by a person in 15 concert with 5 or more other persons with respect to 16 whom such person occupies a position of organizer, 17 a supervisory position, or any other position of man- 18 agement, such person may be sentenced to an addi- 19 tional term of imprisonment of not more than 5 con- 20 secutive years. 21 ‘‘(c) DEFINITIONS.—In this section— 22 ‘‘(1) the term ‘actual buyer’ means the indi- 23 vidual for whom a firearm is being purchased, re- 24 ceived, or acquired; and 25 VerDate Sep 11 2014 00:20 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S730.IS S730 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 730 IS ‘‘(2) the term ‘term of imprisonment exceeding 1 1 year’ does not include any offense classified by the 2 applicable jurisdiction as a misdemeanor and punish- 3 able by a term of imprisonment of 2 years or less.’’. 4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 5 The table of sections for chapter 44 of title 18, United 6 States Code, is amended by adding at the end the fol- 7 lowing: 8 ‘‘932. Trafficking in firearms.’’. (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 9 (1) IN GENERAL.—Pursuant to its authority 10 under section 994(p) of title 28, United States Code, 11 the United States Sentencing Commission shall re- 12 view and, if appropriate, amend the Federal sen- 13 tencing guidelines and policy statements applicable 14 to persons convicted of offenses under section 932 of 15 title 18, United States Code (as added by subsection 16 (a)). 17 (2) REQUIREMENTS.—In carrying out this sec- 18 tion, the Commission shall— 19 (A) review the penalty structure that the 20 guidelines currently provide based on the num- 21 ber of firearms involved in the offense and de- 22 termine whether any changes to that penalty 23 structure are appropriate in order to reflect the 24 VerDate Sep 11 2014 00:20 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S730.IS S730 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 730 IS intent of Congress that such penalties reflect 1 the gravity of the offense; and 2 (B) review and amend, if appropriate, the 3 guidelines and policy statements to reflect the 4 intent of Congress that guideline penalties for 5 violations of section 932 of title 18, United 6 States Code, and similar offenses be increased 7 substantially when committed by a person who 8 is a member of a gang, cartel, organized crime 9 ring, or other such enterprise or in concert with 10 another person who is a member of a gang, car- 11 tel, organized crime ring, or other such enter- 12 prise. 13 Æ VerDate Sep 11 2014 00:20 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S730.IS S730 pamtmann on DSKBFK8HB2PROD with BILLS