Text Of Maloney-Cummings-McCarthy Gun Control Bill

The text of the Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011 is below. This is the newest gambit by certain Democrat members of the House Oversight Committee to use Operation Fast and Furious as a means to push for more – and superflous – gun control laws. As I noted about in my post about their press release, every illegal act that they are trying to cover is already covered by other Federal laws. Having this law in place would not stop the smuggling of arms and certainly wouldn’t have prevented the ATF from engaging in gunwalking.

The bill does not yet have an assigned number that I can find in the Library of Congress’s Thomas system.

A BILL
To prohibit 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 Gun Trafficking and Strengthen Law Enforcement Act of 2011’’.

SEC. 2. PROHIBITION ON FIREARMS TRAFFICKING.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
§ 932. Trafficking in firearms
“(a) IN GENERAL.—It shall be unlawful for any per3on, regardless of whether anything of value is exchanged, to receive, or to transfer or otherwise dispose of to 1 or more individuals, 2 or more firearms that have been shipped or transported in interstate or foreign commerce, knowing or having reasonable cause to believe that such conduct will result in the disposing of 1 or more such firearms to an individual—
‘‘(1) whose possession or receipt of the firearm would be unlawful; or
‘‘(2) who intends to or will use, carry, possess, or dispose of the firearm unlawfully.
“(b) ORGANIZER.—It shall be unlawful for any person to knowingly direct, promote, or facilitate conduct that violates subsection (a).
‘‘(c) CONSPIRACY.—It shall be unlawful for any person to conspire to violate subsection (a).
‘‘(d) DEFINITIONS.—In subsection (a):
‘‘(1) The term ‘individual whose possession or receipt of the firearm would be unlawful’ means an individual—
‘‘(A) who is under indictment or has a prior conviction for a violent felony or a felony drug offense;
‘‘(B) who at the time of the offense was under a criminal sentence, including on probation, parole, supervised release, or work release, or in escape status;
‘‘(C) whose possession of the firearm violates or would violate section 922(x)(2); or
‘‘(D) whose possession of the firearm violates or would violate paragraph (2), (3), (4), (5), (8), or (9) of section 922(g).
‘‘(2) The term ‘violent felony’ has the meaning given in section 924(e)(2)(B).
‘‘(3) The term ‘felony drug offense’ has the meaning given in section 102(44) of the Controlled Substances Act, and includes a drug trafficking crime (as defined in section 924(c)).’’.

(b) PENALTIES.—Section 924(a) of such title is amended by adding at the end the following:
‘‘(8)(A) Whoever violates subsection (a) or (b) of section 932 shall be fined under this title, imprisoned not more than 20 years, or both, subject to subparagraph (B).
‘‘(B) The term of imprisonment imposed on a person who violates section 932 in concert with 5 or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management, shall be not more than 25 years.
‘‘(C) Whoever violates section 932(c) shall be fined under this title, imprisoned not more than 10 years, or both.’’.

(c) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by adding at the end the following:
‘‘932. Trafficking in firearms.