Sec. 2. Straw purchasing of firearms
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/bill/113/s/730/pcs/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 44 of title 18, United States Code, is amended by adding at the end the following: For purposes of this section— the term crime of violence has the meaning given that term in section 924(c)(3); the term drug trafficking crime has the meaning given that term in section 924(c)(2); and the term Federal crime of terrorism has the meaning given that term in section 2332b(g). It shall be unlawful for any person to— purchase or otherwise obtain a firearm, which has been shipped, transported, or received in interstate or foreign commerce, for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows— is prohibited from possessing or receiving a firearm under subsection
(g)or
(n)of section 922; intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; intends to engage in conduct that would constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism if the conduct had occurred within the United States; or is not a resident of any State and is not a citizen or lawful permanent resident of the United States; or willfully procure another to engage in conduct described in paragraph (1). Any person who violates subsection
(b)shall be fined under this title, imprisoned not more than 15 years, or both. For purposes of this section— the term crime of violence has the meaning given that term in section 924(c)(3); the term drug trafficking crime has the meaning given that term in section 924(c)(2); and the term Federal crime of terrorism has the meaning given that term in section 2332b(g). It shall be unlawful for any person to— ship, transport, transfer, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the person shipping, transporting, transferring, or otherwise disposing of the firearms knows that the use, carrying, or possession of a firearm by the transferee would violate subsection
(g)or
(n)of section 922, or constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient— knows that such receipt would violate subsection
(g)or
(n)of section 922; or intends to use the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; or attempt or conspire to commit the conduct described in paragraph
(1)or (2). Any person who violates subsection
(b)shall be fined under this title, imprisoned not more than 15 years, or both. If a violation of subsection
(b)is committed by a person acting in concert with other persons as an organizer, leader, supervisor, or manager, the person shall be fined under this title, imprisoned not more than 20 years, or both. . The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 931 the following: 932. Straw purchasing of firearms. 933. Trafficking in firearms. . 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.