S.179 - Gun Trafficking Prevention Act of 2013
A bill to prevent gun trafficking.
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SECTION 1. SHORT TITLE.
SEC. 2. FIREARMS TRAFFICKING.
‘Sec. 932. Trafficking in firearms
‘(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;CommentsClose CommentsPermalink
‘(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;CommentsClose CommentsPermalink
‘(3) to make false statements regarding an actual buyer to a licensed importer, licensed manufacturer, or licensed dealer, relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce; orCommentsClose CommentsPermalink
‘(2) lawfully received or otherwise acquired by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor or by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person.CommentsClose CommentsPermalink
‘(2) ORGANIZER ENHANCEMENT- If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years.CommentsClose CommentsPermalink
‘(2) the term ‘term of imprisonment exceeding 1 year’ does not include any offense classified by such jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.’.CommentsClose CommentsPermalink
(1) IN GENERAL- Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code(as added by subsection (a)).CommentsClose CommentsPermalink
(A) review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense; andCommentsClose CommentsPermalink
(B) review and amend, if appropriate, the guidelines and policy statements to reflect the intent of Congress that guideline penalties for violations of
section 932 of title 18, United States Code, and similar offenses be increased substantially when committed by a person who is a member of a gang, cartel, organized crime ring, or other such enterprise or in concert with another person who is a member of a gang, cartel, organized crime ring or other such enterprise.CommentsClose CommentsPermalink