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S-5/HR 48 Gun Trafficking Prevention Act
Topic Started: 9 Jun 2013, 09:57 PM (170 Views)
Heather Holson
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48 hours for debate

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Mr. BRENNINGER of New Mexico, and Ms POWER of Maine with thanks to Ms. GILLIBRAND of New York submits...

A BILL

To prevent gun trafficking.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Gun Trafficking Prevention Act of 2013’.

SEC. 2. FIREARMS TRAFFICKING.

(a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 932. Trafficking in firearms

‘(a) Offenses- It shall be unlawful for any person, regardless of whether anything of value is exchanged--

‘(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;

‘(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;

‘(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; or

‘(4) to direct, promote, or facilitate conduct specified in paragraphs (1), (2), or (3).

‘(b) Gift Exceptions- Subsection (a) shall not apply to a firearm that is--

‘(1) lawfully acquired by a person to be given to another person not prohibited from possessing a firearm under Federal or State law as a gift; or

‘(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.

‘(c) Penalties-

‘(1) IN GENERAL- Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both.

‘(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.

‘(d) Definitions- In this subsection--

‘(1) the term ‘actual buyer’ means the individual for whom the firearm is being purchased, as described in paragraph (1)(C); and

‘(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.’.

(b) 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. Trafficking in firearms.’.

(c) Directive to the Sentencing Commission-

(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)).

(2) REQUIREMENTS- In carrying out this section, the Commission shall--

(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; and

(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.

Plain English Summary

Quote:

Gun Trafficking Prevention Act of 2013 - Amends the federal criminal code to prohibit:
(1) transferring two or more firearms to, or receiving two or more firearms from, a person in interstate or foreign commerce knowing or with the reasonable belief that such transfer, possession, or receipt of a firearm would violate a federal, state, or local law punishable by a prison term of more than one year;
(2) making false statements regarding an actual buyer to a licensed firearm importer, dealer, or manufacturer relating to the purchase, receipt, or acquisition of two or more firearms that have moved in or affected interstate or foreign commerce;
(3) directing, promoting, or facilitating such conduct; or
(4) conspiring to commit such conduct.
Authorizes an enhanced penalty for someone who organizes or supervises such conduct.
Makes exceptions for a firearm that is lawfully acquired:
(1) to be given to another person not prohibited from possessing it under federal or state law as a gift; or
(2) by a court-appointed trustee, receiver, or conservator on behalf of an estate or creditor, to carry out a bequest, or in an acquisition by intestate succession.
Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of offenses under this Act.
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Terrus


Madame Speaker,

This legislation seems common-sense enough to me. I move for unanimous consent.

I yield.
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Heather Holson
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The motion for unanimous consent is recognized. 24 hours for objections.
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Ambrose Griffith
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Madame Speaker,

I'm simply curious: if this bill's primary function is to make it illegal to ship firearms if the acquisition of said firearms would be illegal, then what exactly does this bill change? I'm not going to object to unanimous consent right now because I don't want to hold up the process if I'm simply misinformed or misunderstanding the situation, but I am somewhat confounded by the question of what this bill truly changes and I hope that one of the fine and intelligent members of this House can help me.

I yield.
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peter
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Lucas for President: Take Back America!
Madam Speaker

I object to UC.

This Bill is not necessary. Offenses such as "being an accessory" already cover the envisaged circumstances.

I yield.
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Heather Holson
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Objection Noted. Debate continues.
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TheJohnson
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Mme. Speaker

This bill is ridiculous, it is so very redundant, that the very fact we are discussing it makes this body seem like a group of buffoons.

I yield.
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JMJ
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Madame Speaker,

This bill is nothing but a waste of time, it does absolutely nothing if we pass this bill nothing will be changed. I wonder what the author of this bill was thinking when they wrote it.

I yield
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TheJohnson
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Mme. Speaker

As our objections have been noted, and they are indeed merit worthy, I motion to table this redundant and silly legislation.

I yield.
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Daniel Hernandez
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Wielder of the Gavel
Rick Thomas

Madame Speaker,

I second the motion to table.

I yield.
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Heather Holson
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The motion to table is recognized and properly seconded. 24 hours for voting.
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Daniel Hernandez
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Wielder of the Gavel
Rick Thomas

Aye to Table
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TheJohnson
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Aye to Table
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Landry
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Winter is Coming to the Red States
Nay to table

Madam Speaker,

After carping on and on about majority motions to table, the Minority's motion here reeks of the hypocrisy of the embittered.

I yield.
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Heather Holson
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Speaker of the House Heather Holson hands the gavel to House Majority Leader Kilinger and takes the floor.

Madame Speaker,

I vote Nay on the motion to table this legislation. I also rise on this occasion to point out the utter hypocrisy of my colleagues across the aisle. Not a month ago they seized pitchforks and torches and attempted to paint the Democratic Party into a corner by saying that we opposed democracy by motioning to table a piece of legislation. But behold that same motion offered by my colleagues across the aisle is virtuous and democracy at its finest. And Madame Speaker do you know what this legislation does? it increases the penalties for those who violate the law by trafficking illegal weapons and providing them to criminals. What a heinous bill this must be to prevent murderers and thieves from acquiring guns. As a gun owner I applaud this legislation because it will help keep guns in the hands of those who need them and out of the hands of those who don't. And I would say that I am surprised by the hypocrisy of some across the aisle but I am not.

I yield this floor in disgust and dismay.

Speaker Holson ascend to the rostrum and retakes the gavel
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JMJ
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Aye to table
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Brenninger
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#Swaggy
Nay
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Nick
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Nay
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TheJohnson
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Mme. Speaker

Perhaps my Democratic colleagues forgot to read the transcript of the debate when we harped on the motion to table being brought up without debate. I'm sure if you take a moment and read the transcript the Republican party has noted why we think this legislation should be tabled, we have brought forth our points. Again I suggest that my colleague from Georgia and my fellow colleague from Iowa go back and look at the transcripts.

You know Abe Lincoln once said, "It is better to be silent and thought a fool, than to speak and remove all doubt." I suggest some of my fellow colleagues take his advice.

I yield.
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JMJ
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Madame Speaker,

The supporters of this joke of a bill have not said why they they support it, the gentleman from California asked a very valid question they have not answered it. I will ask once against what does this bill accomplish? If the Democrats can't or won't answer questions and say why they support it then why waste our time on it?
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