S 54 · 113th Congress 2013–2015, ended

Stop Illegal Trafficking in Firearms Act of 2013

Fact sheet

Latest action · Apr 5, 2013 By Senator Leahy from Committee on the Judiciary filed written report under authority of the order of the Senate of 03/23/2013. Report No. 113-9. Additional and Minority views filed.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 22, 2013
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Stop Illegal Trafficking in Firearms Act of 2013 - (Sec. 3) Amends the federal criminal code to prohibit any person, other than a licensed firearms importer, manufacturer, collector, or dealer (licensed dealer), from knowingly purchasing in interstate or foreign commerce (including through receipt on consignment or by way of pledge or pawn as security for payment) a firearm from a licensed dealer, or from any person who is not a licensed dealer, for another individual, knowing or having reasonable cause to believe that such individual meets specified criteria disqualifying such individual from possessing a firearm. Sets forth an enhanced penalty for such a violation committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence. Specifies exceptions for purchases for certain bona fide gifts or for a bona fide winner of an organized raffle, contest, or auction.

Prohibits: (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 would violate a federal law punishable by a term of imprisonment exceeding one year; or (2) attempting or conspiring to commit such conduct. Authorizes an enhanced penalty for someone who organizes or supervises such conduct.

Subjects: (1) property derived from or used to commit such an offense to forfeiture, and (2) a person who derives profits from such an offense to a fine equal to twice such profits.

Includes such offenses: (1) among offenses for which wiretapping may be authorized, (2) within the definition of "racketeering activity," and (3) within the definition of "specified unlawful activity" for purposes of money laundering violations.

Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to: (1) ensure that persons convicted of offenses involving straw purchases of firearms and firearms trafficking are subject to increased penalties; and (2) reflect congressional intent that a person convicted of such offense who is affiliated with a gang, cartel, or organized crime ring should be subject to higher penalties.

(Sec. 4) Amends the Brady Handgun Violence Prevention Act to prohibit the sale or other disposition of a firearm or ammunition knowing or having reasonable cause to believe that the purchaser intends: (1) to sell or otherwise dispose of it to a person in a category of individuals excluded from firearms possession, (2) to sell or otherwise dispose of it in furtherance of a crime of violence or drug trafficking offense, or (3) to export it in violation of law.

(Sec. 5) Increases the maximum term of imprisonment for violating prohibitions against: (1) selling firearms or ammunition to any person knowing or having reasonable cause to believe that such person is disqualified from possessing such firearms or ammunition; (2) any such disqualified person transporting or possessing any firearm or ammunition in interstate or foreign commerce or receiving any firearm or ammunition that has been has been transported in interstate or foreign commerce; (3) receiving or transferring a firearm or ammunition knowing or having reasonable cause to believe that it will be used to commit a crime of violence, a drug trafficking crime, or other specified crimes under the Arms Export Control Act, the International Emergency Economic Powers Act, the Foreign Narcotics Kingpin Designation Act, or the Immigration and Nationality Act; or (4) smuggling into or out of the United States a firearm or ammunition with intent to engage in or promote conduct that is punishable under the Controlled Substances Act, the Controlled Substances Import and Export Act, or maritime drug law enforcement provisions or that constitutes a crime of violence.

(Sec. 8) Prohibits the Department of Justice (DOJ) and any of its law enforcement coordinate agencies from conducting any operation where a federal firearms licensee is directed or encouraged to sell firearms to an individual if DOJ or a coordinate agency knows or has reasonable cause to believe that such individual is purchasing such firearms on behalf of another for an illegal purpose, unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division approves the operation in writing and determines that the agency has prepared an operational plan to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms.

Cosponsors 10

Members who signed on, in the order they did. Signatures ran from Jan 22, 2013 to Sep 9, 2013, with 1 there on the day it was introduced.

SeatCosponsorSigned on
D-ILRichard J. DurbinOriginalJan 22, 2013
D-CTRichard BlumenthalFeb 7, 2013
R-MESusan M. CollinsMar 11, 2013
D-NYKirsten E. GillibrandMar 12, 2013
R-ILMark KirkMar 12, 2013
I-MEAngus S. King Jr.Mar 13, 2013
D-NHJeanne ShaheenMar 13, 2013
D-MNAl FrankenApr 11, 2013
D-MNAmy KlobucharApr 11, 2013
D-MAEdward J. MarkeySep 9, 2013

Actions 8

Everything that happened, newest first.

  1. Apr 5, 2013By Senator Leahy from Committee on the Judiciary filed written report under authority of the order of the Senate of 03/23/2013. Report No. 113-9. Additional and Minority views filed.
  2. Mar 11, 2013Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
  3. Mar 11, 2013Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.
  4. Mar 7, 2013Committee on the Judiciary. Ordered to be reported with an amendment favorably.
  5. Feb 12, 2013Committee on the Judiciary Senate Subcommittee on Constitution, Civil Rights and Human Rights. Hearings held. With printed Hearing: S.Hrg. 113-870.

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 443Stop Illegal Trafficking in Firearms Act of 2013Related billMar 11, 2013
S 649Safe Communities, Safe Schools Act of 2013Related billApr 18, 2013
HR 955Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2013Related billApr 8, 2013

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 2

Each version as it was printed, newest first.

  1. Mar 11, 2013Reported to Senate
  2. Jan 22, 2013Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.