Gun Kingpin Penalty Act (Introduced in the Senate)

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[tarawa]

Gun Kingpin Penalty Act (Introduced in the Senate)

S 2091 IS

107th CONGRESS

2d Session

S . 2091
To amend title 18, United States Code, to prohibit gunrunning, and provide mandatory minimum penalties for crimes related to gunrunning.

IN THE SENATE OF THE UNITED STATES

April 11, 2002
Mr. TORRICELLI introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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A BILL
To amend title 18, United States Code, to prohibit gunrunning, and provide mandatory minimum penalties for crimes related to gunrunning.

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 Kingpin Penalty Act'.

SEC. 2. GUN KINGPIN PENALTIES.

(a) PROHIBITION AGAINST GUNRUNNING- Section 922 of title 18, United States Code, is amended by adding at the end the following:

`(z) It shall be unlawful for a person not licensed under section 923 to ship or transport, or conspire to ship or transport, 5 or more firearms from a State into another State during any period of 12 consecutive months, with the intent to transfer all of such firearms to another person who is not so licensed.'.

(b) MANDATORY MINIMUM PENALTIES FOR CRIMES RELATED TO GUNRUNNING- Section 924 of title 18, United States Code, is amended by adding at the end the following:

`(p)(1)(A)(i) Except as otherwise provided in this subsection, whoever violates section 922(z) shall be imprisoned not less than 3 years, and may be fined under this title.

`(ii) Except as otherwise provided in this subsection, in the case of a person's second or subsequent violation of section 922(a), the term of imprisonment shall be not less than 5 years.

`(B) If a firearm which is shipped or transported in violation of section 922(z) is used subsequently by the person to whom the firearm was shipped or transported, or by any person within 3 years after the shipment or transportation, in an offense in which a person is killed or suffers serious bodily injury, the term of imprisonment for the violation shall be not less than 10 years.

`(C) If more than 50 firearms are the subject of a violation of section 922(z), the term of imprisonment for the violation shall be not less than 15 years.

`(D) If more than 50 firearms are the subject of a violation of section 922(z) and 1 of the firearms is used subsequently by the person to whom the firearm was shipped or transported, or by any person within 3 years after the shipment or transportation, in an offense in which a person is killed or suffers serious bodily injury, the term of imprisonment for the violation shall be not less than 25 years.

`(2) Notwithstanding any other provision of law, the court shall not impose a probationary sentence or suspend the sentence of a person convicted of a violation of section 922(z), nor shall any term of imprisonment imposed on a person under this subsection run concurrently with any other term of imprisonment imposed on the person by a court of the United States.'.

(c) CRIMES RELATED TO GUNRUNNING MADE PREDICATE OFFENSES UNDER RICO- Section 1961(1)(B) of title 18, United States Code, is amended by inserting before `section 1028' the following: `section 922(a)(1)(A) (relating to unlicensed importation, manufacture, or dealing in firearms), section 922(a)(3) (relating to interstate transportation or receipt of firearm), section 922(a)(5) (relating to transfer of firearm to person from another State), section 922(a)(6) (relating to false statements made in acquisition of firearm or ammunition from licensee), section 922(d) (relating to disposition of firearm or ammunition to a prohibited person), section 922(g) (relating to receipt of firearm or ammunition by a prohibited person), section 922(h) (relating to possession of firearm or ammunition on behalf of a prohibited person), section 922(i) (relating to transportation of stolen firearm or ammunition), section 922(j) (relating to receipt of stolen firearm or ammunition), section 922(k) (relating to transportation or receipt of firearm with altered serial number), section 922(z) (relating to gunrunning), section 924(b) (relating to shipment or receipt of firearm for use in a crime),'.

(d) ENFORCEMENT- Notwithstanding any limitations imposed by or under the Federal Workforce Restructuring Act (108 Stat. 111), the Secretary of the Treasury may hire and employ 200 personnel, in addition to any personnel hired and employed by the Department of the Treasury under other law, to enforce the amendments made by this section.

[tarawa]

Selling across state lines to a non-FFL buyer is already illegal.

[Dan from Michigan]

If it's already illegal, make it illegal twice.....dumbasses.

[RandomUserName]

Selling across state lines is already illegal, but what about willing your firearms to your children who happen to live in another state?

One more little step towards confiscation. One more stupid useless law.

[Mulder]

What part of the word "Right" don't those seditious traitors understand?

They can't even keep murderous Islamic terrorists from crossing our borders, but they seek to impose more illegal laws against our Rights.

[11B3]

Of course they do - how else can they make a name for themselves with the sheeple? Both houses of Congress need to be vacated completely, and then start over from scratch with non-politicians.

[Blood of Tyrants]

I ignore stupid useless, unconstitutional laws at every chance.

"Resistence to tyrants is obedience to God."
-- Thomas Jefferson's motto