Gun Kingpin Penalty Act

Gun Kingpin Penalty Act - Amends the Brady Handgun Violence Prevention Act to prohibit a person who does not have a Federal firearms license from shipping or transporting five or more firearms from one State to another during any 12-month period with intent to transfer such firearms to another unlicensed person. Imposes a fine and imprisonment for at least: (1) three years for a first violation; (2) five years for a second or subsequent violation; (3) 15 years if the violation involves more than 50 firearms; (4) ten years if an illegally transported firearm is subsequently used by the recipient, or by any person within three years, in an offense in which a person is killed or suffers serious bodily injury; and (5) 25 years if the violation involves more than 50 firearms and one of the firearms is subsequently used in such an offense.

Prohibits the court from imposing a probationary sentence or suspending the sentence of a person convicted of a violation of this Act, or from making any term of imprisonment imposed for a violation run concurrently with any other term imposed on such person by a U.S. court.

Makes specified firearms-related offenses predicate offenses under the Racketeer Influenced and Corrupt Organizations Act.

Authorizes the Secretary of the Treasury to hire and employ 200 personnel to enforce the amendments made by this Act.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2091 Introduced in Senate (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

_______________________________________________________________________

                                 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.
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