Sec. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT

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## SEC. 12004 STOP ILLEGAL TRAFFICKING IN FIREARMS ACT ###

(a)Anti-straw Purchasing and Firearms Trafficking Amendments ####

(1)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 > > **[**[18 U.S.C. 932](/us/usc/t18/s932)**]** > > > ### “(a) Definitions > > For purposes of this section— > > > #### “(1) > > 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; > > > #### “(2) > > the term ‘Federal crime of terrorism’ has the meaning given that term in section 2332b(g)(5); and > > > #### “(3) > > the term ‘felony’ means any offense under Federal or State law punishable by imprisonment for a term exceeding 1 year. > > > ### “(b) Violation > > It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce for, on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person— > > > #### “(1) > > meets the criteria of 1 or more paragraphs of section 922(d); > > > #### “(2) > > intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking crime; or > > > #### “(3) > > intends to sell or otherwise dispose of the firearm to a person described in paragraph

(1)or (2). > > > ### “(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 felonies, crimes of terrorism, or drug trafficking crimes > > 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 felony, a Federal crime of terrorism, or a drug trafficking crime, the person shall be sentenced to a term of imprisonment of not more than 25 years. > > > ## “SEC. 933 Trafficking in firearms > > **[**[18 U.S.C. 933](/us/usc/t18/s933)**]** > > > ### “(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 constitute a felony (as defined in section 932(a)); > > > #### “(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 constitute a felony; 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 > > **[**[18 U.S.C. 934](/us/usc/t18/s934)**]** > > > ### “(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.” > . ####

(2)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”. ####

(3)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”. ####

(4)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”. ####

(5)Directive to sentencing commission Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this subsection, 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 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 trafficking of firearms 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 and reflect the defendant’s role and culpability, and any coercion, domestic violence survivor history, or other mitigating factors. 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. ####

(6)Technical and conforming amendment **[**[18 U.S.C. 921](/us/usc/t18/s921)**]** 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.” ". ###

(b)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 in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking offense (as such terms are defined in section 932(a)); or > > > #### “(11) > > intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs

(1)through (10). > > 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.” ” > . ###

(c)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.” > . ###

(d)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.” > . ###

(e)Amendments to Section 924(h) Section 924 of title 18, United States Code, is amended by striking subsection

(h)and inserting the following: > > ### “(h) > > 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 felony, a Federal crime of terrorism, 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 Export Control Reform Act of 2018 (50 U.S.C. 4801 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.” > . ###

(f)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 felony, a Federal crime of terrorism, 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 felony or a Federal crime of terrorism (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.” ” > . ###

(g)Prohibition on Firearms or Ammunition Transfers to Agents of Drug Cartels **[**[28 U.S.C. 509 note](/us/usc/t28/s509)**]** The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm or ammunition 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 or ammunition is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm or ammunition at all times. ###

(h)FFL Access to Law Enforcement Information ####

(1)In general Section 103(b) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(b)), is amended— #####

(A)by striking “ Not later than ” and inserting the following: > > #### “(1) In general > > Not later than” > ; and #####

(B)by adding at the end the following: > > #### “(2) Voluntary background checks > > > ##### “(A) In general > > Not later than 90 days after the date of enactment of this paragraph, the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of voluntarily conducting an employment background check relating to a current or prospective employee. The Attorney General may not collect a fee for an employment background check under this subparagraph. > > > ##### “(B) Notice > > Before conducting an employment background check relating to a current or prospective employee under subparagraph (A), a licensee shall— > > > ###### “(i) > > provide written notice to the current or prospective employee that the licensee intends to conduct the background check; and > > > ###### “(ii) > > obtain consent to conduct the background check from the current or prospective employee in writing. > > > ##### “(C) Exemption > > An employment background check conducted by a licensee under subparagraph

(A)shall not be governed by the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). > > > ##### “(D) Appeal > > Any individual who is the subject of an employment background check conducted by a licensee under subparagraph

(A)the result of which indicates that the individual is prohibited from possessing a firearm or ammunition pursuant to subsection

(g)or

(n)of section 922 of title 18, United States Code, may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm.” > . ####

(2)Acquisition, preservation, and exchange of identification records and information Section 534 of title 28, United States Code, is amended— #####

(A)in subsection (a)— ######

(i)in paragraph (3), by striking “and” at the end; ######

(ii)in paragraph (4), by striking the period at the end and inserting “; and”; and ######

(iii)by inserting after paragraph

(4)the following: > > #### “(5) > > provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen.” > ; and #####

(B)in subsection (b), by inserting “, except for dissemination authorized under subsection (a)(5) of this section” before the period. ####

(3)Regulations **[**[34 U.S.C. 41101 note](/us/usc/t34/s41101)**]** Not later than 90 days after the date of enactment of this Act, and without regard to chapter 5 of title 5, United States Code, the Attorney General shall promulgate regulations allowing a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, to receive access to records of stolen firearms maintained by the National Crime Information Center operated by the Federal Bureau of Investigation, solely for the purpose of voluntarily verifying whether firearms offered for sale to such licensees have been stolen. ####

(4)Statutory construction; evidence **[**[28 U.S.C. 534 note](/us/usc/t28/s534)**]** #####

(A)Statutory construction Nothing in this subsection or the amendments made by this subsection shall be construed— ######

(i)to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or ######

(ii)to establish any standard of care. #####

(B)Evidence Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this subsection or the amendments made by this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. ###

(i)Funding for Existing ATF Anti-straw Purchasing Campaign There are authorized to be appropriated to the Bureau of Alcohol, Tobacco, Firearms, and Explosives $1,000,000 for each of fiscal years 2023 through 2027 to continue and expand current efforts with existing partners to educate persons licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, and the public to combat illegal straw purchases of firearms. ###

(j)Local Law Enforcement Reimbursement for Assistance Provided to DHS-HSI to Prevent Illegal Trafficking Section 432(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 240(d)(2)) is amended by inserting “salary reimbursement,” after “administrative,”. ###

(k)Rule of Construction **[**[18 U.S.C. 922 note](/us/usc/t18/s922)**]** Nothing in this section, or an amendment made by this section, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions.

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