To increase public safety by punishing and deterring firearms trafficking.

SA 713. Mr. LEAHY (for himself, Ms. Collins, and Mr. King) submitted
an amendment intended to be proposed by him to the bill S. 649, to
ensure that all individuals who should be prohibited from buying a
firearm are listed in the national instant criminal background check
system and require a background check for every firearm sale, and for
other purposes; which was ordered to lie on the table; as follows:

Strike title II and insert the following:

TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT OF 2013

SEC. 201. SHORT TITLE.

This title may be cited as the ``Stop Illegal Trafficking
in Firearms Act of 2013''.

SEC. 202. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW
PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.

(a) 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

``(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `purchase' includes the receipt of any
firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the payment
or repayment of money; or
``(B) on consignment.
``(b) It shall be unlawful for any person (other than a
licensed importer, licensed manufacturer, licensed collector,
or licensed dealer) to knowingly purchase, or attempt or
conspire to purchase, any firearm in or otherwise affecting
interstate or foreign commerce--
``(1) from a licensed importer, licensed manufacturer,
licensed collector, or licensed dealer for, on behalf of, or
at the request or demand of any other person, known or
unknown; or
``(2) from any person who is not a licensed importer,
licensed manufacturer, licensed collector, or licensed dealer
for, on behalf of, or at the request or demand of any other
person, known or unknown, knowing or having reasonable cause
to believe that such other person--
``(A) is under indictment for, or has been convicted in any
court of, a crime punishable by imprisonment for a term
exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or has
been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the United States; or
``(ii) except as provided in section 922(y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26));
``(F) has been discharged from the Armed Forces under
dishonorable conditions;
``(G) having been a citizen of the United States, has
renounced his or her citizenship;
``(H) is subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
partner or child, except that this subparagraph shall only
apply to a court order that--
``(i) was issued after a hearing of which such person
received actual notice, and at which such person had the
opportunity to participate; and
``(ii)(I) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
``(II) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury;
``(I) has been convicted in any court of a misdemeanor
crime of domestic violence;
``(J)(i) does not reside in any State; and
``(ii) is not a citizen or lawful permanent resident of the
United States;
``(K) intends to sell or otherwise dispose of the firearm
to a person described in any of subparagraphs (A) through
(J); or
``(L) intends to--
``(i) use, carry, possess, or sell or otherwise dispose of
the firearm in furtherance of a crime of violence or drug
trafficking crime; or
``(ii) export the firearm in violation of law;
``(c)(1) 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) 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 crime of violence, the person shall
be sentenced to a term of imprisonment of not more than 25
years.
``(d) Subsection (b)(1) shall not apply to any firearm that
is lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who
provided no service or tangible thing of value to acquire the
firearm;
``(2) to be given to a bona fide winner of an organized
raffle, contest, or auction conducted in accordance with law
and sponsored by a national, State, or local organization or
association;
``(3) to be given as a bona fide gratuity to a hunting
guide;
``(4) to be given as a bona fide bonus to an employee as
the result of lawful services performed in the course of an
employment relationship; or
``(5) to be given as a bona fide commemorative award or
honorarium;

unless the purchaser knows or has reasonable cause to believe
the recipient of the firearm is prohibited by Federal law
from possessing, receiving, selling, shipping, transporting,
transferring, or otherwise disposing of the firearm.

``Sec. 933. Trafficking in firearms

``(a) It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of 2 or more firearms 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 be in violation of any Federal law punishable by a term
of imprisonment exceeding 1 year;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would be in violation of any Federal law punishable
by a term of imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b)(1) Except as provided in paragraph (2), any person
who violates subsection (a) shall be fined under this title,
imprisoned for not more than 15 years, or both.
``(2) 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, leader,
supervisor, or manager, the person shall be sentenced to a
term of imprisonment of not more than 25 years.

``Sec. 934. Forfeiture and fines

``(a)(1) 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) 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) 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; and
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title
18, United States Code, is amended by striking ``and 924''
and inserting ``, 924, 932, or 933''.
(c) 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''.
(d) 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''.
(e) Directive to Sentencing Commission.--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

[[Page S2612]]

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.
(f) Technical and Conforming Amendment.--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.''.

SEC. 203. 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 to a person described in any of paragraphs (1)
through (9); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a crime of violence or drug
trafficking offense or to export the firearm or ammunition in
violation of law.

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.''.

SEC. 204. 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 not
more than 15 years, or both.''.

SEC. 205. 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.''.

SEC. 206. AMENDMENTS TO SECTION 924(H).

Section 924 of title 18, United States Code, is amended by
striking subsection (h) and inserting the following:
``(h)(1) 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 crime of violence (as
defined in subsection (c)(3)), a drug trafficking crime (as
defined in subsection (c)(2)), or a crime under the Arms
Export Control Act (22 U.S.C. 2751 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 imprisoned not more than
25 years, fined in accordance with this title, or both.
``(2) No term of imprisonment imposed on a person under
this subsection shall run concurrently with any term of
imprisonment imposed on the person under section 932.''.

SEC. 207. 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, with intent to engage in or to
promote conduct that--
``(A) is 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;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)),

smuggles or knowingly brings into the United States, a
firearm or ammunition, or attempts or conspires to do so,
shall be imprisoned not more than 15 years, fined under this
title, or both.
``(2) A person who, with intent to engage in or to promote
conduct that--
``(A) would be 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, if the conduct had occurred within the United
States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) for which the person may be prosecuted in
a court of the United States, if the conduct had occurred
within the United States,

smuggles or knowingly takes out of the United States, a
firearm or ammunition, or attempts or conspires to do so,
shall be imprisoned not more than 15 years, fined under this
title, or both.''.

SEC. 208. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF
JUSTICE.

The Department of Justice, and any of its law enforcement
coordinate agencies, shall not conduct any planned operation
where a Federal firearms licensee is directed, instructed,
enticed, or otherwise encouraged by the Department of Justice
to sell a firearm to an individual if the Department of
Justice, or a coordinate agency, knows or has reasonable
cause to believe that such an individual is purchasing on
behalf of another for an illegal purpose unless the Deputy
Attorney General, the Assistant Attorney General for the
Criminal Division, or the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives certifies in writing that
the planned operation includes sufficient safeguards to
prevent firearms from being transferred to third parties
without law enforcement taking reasonable steps to lawfully
interdict those firearms.
______