S. 443

Stop Illegal Trafficking in Firearms Act of 2013 (click here)
The summary is not written yet. There is one major action to introduce the bill, but, it hasn't gone to committee. Actually it has gone to committee on March 4, 2013.

03/04/2013  Introduced in Senate
This was authored by Senator Patrick Leahy and it has eight co-sponsors.
Senator Susan M. Collins, Senator Richard Durbin, Senator Kirsten E. Gillibrand, Senator Mark Steven Kirk, Senator Angus S. King, Senator Amy Klobuchar and Senator Al Franken.
This bill is related to three other bills which were already cited. There are no new related bills.
This is a bipartisan bill.
S. 443 To increase public safety by punishing and deterring firearms trafficking.
IN THE SENATE OF THE UNITED STATES
March 4, 2013
Mr. Leahy (for himself, Ms. Collins, Mr. Durbin, Mrs. Gillibrand, Mr. Kirk, Mr. Blumenthal, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To increase public safety by punishing and deterring firearms 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 ``Stop Illegal Trafficking in Firearms Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and firearms trafficking amendments.

Sec. 4. Amendments to section 922(d).

Sec. 5. Amendments to section 924(a).

Sec. 6. Amendments to section 924(h).

Sec. 7. Amendments to section 924(k).

I am fairly sure I know why S. 54 was vacated. This bill incorporates other bills into it's framework. H.R. 955 is a House Bill. It is listed here as Section 3. Once this bill passes the Senate it will automatically call up H.R. 955 as approved and ready for a vote in the House. This bill streamlines the legislation dearly needed in the country.

SEC. 3. 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 bill after my own heart. Chapter 44 of title 18 is entitled Firearms. It gets right down to it.
-Chapter 44 of title 18 (click here)
(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3);
18 USC § 924 - Penalties (click here)
(c)(3) For purposes of this subsection the term “crime of violence” means an offense that is a felony and—`'
(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and
(2) For purposes of this subsection, the term “drug trafficking crime” means any 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.``
(3) the term `purchases' 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.
(3) and (A) and (B) is new language
``(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--
This is all new law.
``(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));
Drug Cartels and any dealer anywhere in the USA. I am a happy camper. I want to see the NRA oppose this one.
``(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));
So much for anchor babies. This beats that.
``(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;
Lee Harvey Oswald
``(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 is reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that--
(H) deals with violence against women AND children
(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) intends to--
(i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or
``(ii) export the firearm or ammunition in violation of law;
``(K) who does not reside in any State; or
``(L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K).
``(c)(1) Except as provided in paragraph (2), any person who violatesm subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both.
It is good law. Nothing wrong with any of it.

``(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--
(d) simply returns the definition previously established in the new law. This provision makes sure there are dealers bringing weapons into the country for lawful sale and not prohibited by the law. It clarifies the economy both purchaser and dealer exist within. It is good policy and practice. It also preserve the economy surrounding guns. The country has a right to regulate what comes into it's borders, be it immigrants or products. This is strong established law.
(b)(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;
The law makes clear 'intent' to distribute firearms for illegal purposes. That is what trafficking is. If a dealer is selling to people believed to be involved with crime and/or attempted murder, that is trafficking. Ms. Lanza, the gunman's mother, was trafficking weapons to her son. He was not able to purchase them himself, but, yet she was more than willing to purchase weapons and give them to him. That is a trafficker.
``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 the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year;
What good are background checks to be sure guns don't fall into the hands of dangerous people if it can't be enforced? Ms. Lanza was circumventing the law for her own reasons. I am sure somewhere along the way she stated she was making a gift of the gun to her son. But, at no time was anyone allowed to question that and even advise her it was illegal to do so if her son could not obtain them legally himself.
I suppose lawyers will seek to define someone like Ms. Lanza outside that parameter, but, in fact she was not. She was allowing a person indulged in violent video games to have these weapons. That is trafficking. Like it or not.
She spent a lot of money to provide guns to a son challenged with his own problems while isolating himself in a world laced with violence. She had to know at some level she was at least worried about what she was providing to him. She is dead because of it. Adam Lanza did not wake up that morning and decide he was going to kill. There had to be indications it was going to happen, yet she was continuing to empower him. She was trafficking guns.
S 649 wants to allow Ms. Lanza the luxury of doing that all over again. It is not appropriate or even civil to decide she was right to carry out trafficking to a son too disturbed to have them.
What is to prevent a violent gang member from intimidating his sister to purchase weapons for the use of his gang? That is trafficking. She needs to seek the help of police to never carry out a violation of federal law.
Somewhere along the path to success for gun violence there has to be intervention to stop it. If family is allowed to pass on guns to relatives, neighbors or friends with impunity, this will never stop.
People have to know that if they are passing on guns to others that will engage in dangerous behavior it is called trafficking. They have to face up to the fact not everyone they know are good, decent, competent and law abiding citizens. It has to exist somewhere. So, if people know and understand they are acting against the best interest of others, they will be punished.
``(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, or would result in a 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).
It is very clear language. INTENT matters in laws that exist today. This is not a new or strange concept. The FBI arrests and changes suspected terrorists in sting operations that are conducted for exactly that purpose. "...attempt to conspire..." Why would civilian acts such as these be any different?
There are drug cartels in Mexico and throughout Latin America seeking to overthrow the sovereign government, yet there are straw purchasers willing to carry out 'weapon attainment' for these purposes. That is not trafficking?
I have to run an errand, I'll be back.