S.1973 - Gun Trafficking Prevention Act of 2012
A bill to prevent gun trafficking in the United States.
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Mrs. GILLIBRAND (for herself, Mr. SCHUMER, Mr. LAUTENBERG, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(1) in gun crimes occurring in New York City, approximately 90 percent of the guns used were originally sold in other States and moved across State lines before being recovered in crimes;CommentsClose CommentsPermalink
(2) according to the Federal Bureau of Investigation, in 2010, in the United States, 2/3 of all murders committed resulted from the use of a firearm, and 2,199 people under the age of 22 were murdered with a firearm;CommentsClose CommentsPermalink
(3) the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this section referred to as the ‘ATF’) has found that straw purchasers are the largest source of guns trafficked into the illegal market;CommentsClose CommentsPermalink
(4) then Acting ATF Director Michael J. Sullivan’s April 19, 2007 testimony to the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, named as ‘significant regional, national and international trafficking corridors’--CommentsClose CommentsPermalink
(5) there are approximately 2,500 agents, 824 Industry Operator Investigators, and 640 supervisory, field-based industry operations investigators responsible for inspecting approximately 120,000 Federal firearm licensees and 11,000 Federal explosive licensees;CommentsClose CommentsPermalink
SEC. 3. TRAFFICKING IN FIREARMS.
‘Sec. 932. Trafficking in firearms
‘(A) 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 disposition 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
‘(B) 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
‘(C) except a licensed importer, licensed manufacturer, or licensed dealer, to make materially false statements 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, for the person, or for or on behalf of any other person; orCommentsClose CommentsPermalink
‘(A) AFFIRMATIVE DEFENSE- It is an affirmative defense to any prosecution for a violation of subparagraph (A) or (B) of paragraph (1) or a violation of paragraph (1)(D) that relates to conduct specified in subparagraph (A) or (B) of paragraph (1) that the firearm at issue was transferred only after a background check on the actual buyer pursuant to section 922(t) indicated that the actual buyer’s receipt of the firearm would not violate subsection (g) or (n) of section 922 or State law.CommentsClose CommentsPermalink
‘(i) 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; andCommentsClose CommentsPermalink
‘(ii) 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
‘(b) Sentencing Guidelines Enhancements- Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide for an appropriate increase in the offense level for each of the following violations of this section, if the offense involves the shipping, transporting, transferring, disposing of, or receiving--CommentsClose CommentsPermalink
‘(c) Organizer- 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, that person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years.CommentsClose CommentsPermalink
‘(d) Conspiracy- Any person who attempts or conspires to commit any offense defined in this section may be subject to the same penalties, including those under subsections (b) and (c), as those prescribed for the completed offense.’.CommentsClose CommentsPermalink
SEC. 4. CRACKING DOWN ON CORRUPT GUN DEALERS.
‘(e)(1) If the holder of a license issued under this section knowingly violates any provision of this chapter, chapter 53 of the Internal Revenue Code of 1986, the Arms Export Control Act (
22 U.S.C. 2751et seq.), or section 1001 of this title, or any rule or regulation as prescribed by the Attorney General, the Attorney General may--CommentsClose CommentsPermalink
‘(2)(A) Except as provided in subparagraph (B), the Attorney General may, after notice and opportunity for hearing, assess a civil penalty on, or suspend or revoke any license issued to, a licensee under this section, if the licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees.CommentsClose CommentsPermalink
‘(B) Subparagraph (A) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, and the dealer shall not be considered to be in violation of the requirement to make available such a device.CommentsClose CommentsPermalink
‘(3) The Attorney General may, after notice and opportunity for hearing, assess a civil penalty, suspend or revoke the license of a dealer who knowingly transfers armor piercing ammunition.CommentsClose CommentsPermalink
‘(4) The Attorney General may suspend or revoke any license issued under this section if the holder of the license has been indicted for knowingly violating any provision of this chapter, chapter 53 of the Internal Revenue Code of 1986, the Arms Export Control Act (
22 U.S.C. 2751et seq.), or section 1001 of this title in a manner that could create a threat to public safety.CommentsClose CommentsPermalink
‘(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a fine, suspension, or revocation of a license shall be given to the holder of the license not less than 14 days before the effective date of the suspension, revocation, or imposition of a civil penalty, unless the Attorney General determines that good cause exists to waive such notification requirement, in which case notification shall be given as soon as practicable.CommentsClose CommentsPermalink
‘(2) If the Attorney General denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. A hearing under this paragraph shall be held at a location convenient to the aggrieved party and shall be conducted pursuant to chapter 5 of title 5.CommentsClose CommentsPermalink
‘(3) If, after a hearing held under paragraph (2), the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice in writing of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date of notice is given under this paragraph file a petition with the United States district court for the district in which the party resides or in which the party’s principal place of business is located for judicial review of the denial, suspension, revocation, or assessment. Such judicial review shall be conducted pursuant to chapter 7 of title 5. If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.’.CommentsClose CommentsPermalink
(3) ARMS EXPORT AND CONTROL ACT- Section 38(b)(1)(B)(i) of the Arms Export and Control Act (
(4) ATOMIC ENERGY ACT OF 1954- Section 161A of the Atomic Energy Act of 1954 (
SEC. 5. CHANGE THE STANDARD FOR GUN SELLER FEDERAL FIREARMS LICENSE APPROVAL.
SEC. 6. STRENGTHEN PENALTIES FOR RECORD-KEEPING VIOLATIONS.
SEC. 7. CRACKING DOWN ON HIGH RISK GUN DEALERS.
‘(m)(1) Not less than once each year, the Attorney General shall identify licensed firearms dealers who have a heightened risk of firearms being diverted to criminal use based on criteria determined by the Attorney General which may include 2 or more of the following:CommentsClose CommentsPermalink
‘(2)(A) The Attorney General may impose special conditions on dealers determined to be subject to a heightened risk of diversion under paragraph (1) after written notice 14 days in advance, including--CommentsClose CommentsPermalink
‘(iii) mandatory inventory check and reconciliation of firearms at the business premises by the dealer in a manner to be determined by the Attorney General and notwithstanding any other provision of Federal law;CommentsClose CommentsPermalink
‘(iv) notwithstanding section 922(t)(1)(B)(ii), a requirement that the dealer not complete firearm sales or transfers until the national instant criminal background check system has informed the dealer that the sale or transfer may proceed; andCommentsClose CommentsPermalink
‘(B) Conditions may be imposed on a dealer identified as a high-risk dealer under this paragraph for no longer than 1 year, unless the Attorney General determines that the dealer continues to have a heightened risk of firearms being diverted to criminal use. The Attorney General shall notify the dealer in writing of any such conditions imposed on such dealer.CommentsClose CommentsPermalink
‘(3) After the Attorney General has identified a dealer as a high-risk dealer and has imposed conditions on that dealer, a knowing violation by the dealer of any condition imposed under this subsection shall be considered a willful violation of this chapter, for the purposes of section 924(a)(1)(D).CommentsClose CommentsPermalink
‘(4)(A) Any dealer identified as a high-risk dealer under paragraph (1) may challenge the designation by requesting a hearing in writing to review within 60 days after notice of such designation.CommentsClose CommentsPermalink
‘(B) If after a hearing held under subparagraph (A) the Attorney General decides not to reverse the designation of the dealer as a high-risk dealer, the Attorney General shall give notice of the decision to the dealer. The dealer may at any time within 60 days after the date notice is given under this subparagraph file a petition with the United States district court for the district in which the party resides or in which the party’s principal place of business is located for judicial review of the Attorney General’s designation. Such judicial review shall be conducted pursuant to chapter 7 of title 5.CommentsClose CommentsPermalink
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON LOST AND STOLEN FIREARMS.
(1) means any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive and the frame or receiver of any such weapon; andCommentsClose CommentsPermalink
(b) Study- The Comptroller General of the United States shall conduct a study on firearms in the United States that are lost or stolen during commercial shipping, including--CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains--CommentsClose CommentsPermalink
SEC. 9. AUTHORITY TO HIRE PERSONNEL TO ADDRESS TRAFFICKING IN FIREARMS.
(a) In General- The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire additional personnel sufficient for a firearms trafficking team of additional agents, Industry Operations Investigators, and analysts that would enable the average inspections rate of gun dealers to operate on a 3-year inspection cycle.CommentsClose CommentsPermalink
(1) IN GENERAL- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall hire 500 additional Industry Operations Investigators and 1,000 additional Special Agents, subject to the availability of appropriations, for the purpose of addressing trafficking in firearms, as described in
(2) AUTHORITY- There are authorized to be appropriated for the hiring and maintenance of 500 additional Industry Operations Investigators and 1,000 additional Special Agents such sum as are necessary--CommentsClose CommentsPermalink
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