text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Stop Illegal Trafficking in Firearms 
  Act of 2017''.
  
  SEC. 2. 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) Definitions.--For purposes of this section--
              ``(1) the term `crime of violence'--
                      ``(A) has the meaning given that term in section 
                  924(c)(3); and
                      ``(B) includes a felony offense under the laws of a 
                  State that meets the criteria described in subparagraph 
                  (A) or (B) of such section 924(c)(3);
              ``(2) the term `drug trafficking crime'--
                      ``(A) has the meaning given that term in section 
                  924(c)(2); and
                      ``(B) includes a felony punishable under the law of 
                  a State for which the conduct constituting the offense 
                  would constitute a 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 `Federal crime of terrorism' has the meaning 
          given that term in section 2332b(g)(5); and
              ``(4) the term `purchase' 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.
      ``(b) Violation.--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--
              ``(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; or
              ``(2) from any person who is not 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, knowing or having reasonable cause to 
          believe that such other person--
                      ``(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));
                      ``(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)));
                      ``(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;
                      ``(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 in 
                  reasonable fear of bodily injury to the partner or 
                  child, except that this subparagraph shall only apply 
                  to a court order that--
                              ``(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)(i) does not reside in any State; and
                      ``(ii) is not a citizen or lawful permanent 
                  resident of the United States;
                      ``(K) intends to sell or otherwise dispose of the 
                  firearm to a person described in any of subparagraphs 
                  (A) through (J); or
                      ``(L) intends to--
                              ``(i) use, carry, possess, or sell or 
                          otherwise dispose of the firearm in furtherance 
                          of a Federal crime of terrorism, a crime of 
                          violence, or a drug trafficking crime; or
                              ``(ii) export the firearm in violation of 
                          law.
      ``(c) Penalty.--
              ``(1) In general.--Except as provided in paragraph (2), any 
          person who violates subsection (b) shall be fined under this 
          title, imprisoned for not more than 15 years, or both.
              ``(2) Use in crimes of violence.--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) Exceptions.--Subsection (b)(1) shall not apply to any firearm 
  that is lawfully purchased by a person--
              ``(1) to be given as a bona fide gift to a recipient who 
          provided no service or tangible thing of value to acquire the 
          firearm;
              ``(2) to be given to a bona fide winner of an organized 
          raffle, contest, or auction conducted in accordance with law 
          and sponsored by a national, State, or local organization or 
          association;
              ``(3) to be given as a bona fide gratuity to a hunting 
          guide;
              ``(4) to be given as a bona fide bonus to an employee as 
          the result of lawful services performed in the course of an 
          employment relationship; or
              ``(5) to be given as a bona fide commemorative award or 
          honorarium,
  unless the purchaser knows or has reasonable cause to believe the 
  recipient of the firearm is prohibited by Federal law from possessing, 
  receiving, selling, shipping, transporting, transferring, or otherwise 
  disposing of the firearm.
  ``Sec. 933. Trafficking in firearms
      ``(a) In General.--It shall be unlawful for any person to--
              ``(1) ship, transport, transfer, cause to be transported, 
          or otherwise dispose of any firearm to another person in or 
          otherwise affecting interstate or foreign commerce, if such 
          person knows or has reasonable cause to believe that the use, 
          carrying, or possession of a firearm by the recipient would be 
          in violation of any Federal or State law punishable by a term 
          of imprisonment exceeding 1 year;
              ``(2) receive from another person any firearm 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 any Federal or State 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).
      ``(b) Penalty.--Any person who violates subsection (a) shall be 
  fined under this title, imprisoned for not more than 15 years, or both.
  ``Sec. 934. Forfeiture and fines
      ``(a) Forfeiture.--
              ``(1) In general.--Any person convicted of a violation of 
          section 932 or 933 shall forfeit to the United States, 
          irrespective of any provision of State law--
                      ``(A) any property constituting, or derived from, 
                  any proceeds the person obtained, directly or 
                  indirectly, as the result of such violation; and
                      ``(B) any of the person's property used, or 
                  intended to be used, in any manner or part, to commit, 
                  or to facilitate the commission of, such violation, 
                  except that for any forfeiture of any firearm or 
                  ammunition pursuant to this section, section 924(d) 
                  shall apply.
              ``(2) Imposition.--The court, in imposing sentence on a 
          person convicted of a violation of section 932 or 933, shall 
          order, in addition to any other sentence imposed pursuant to 
          section 932 or 933, that the person forfeit to the United 
          States all property described in paragraph (1).
      ``(b) Fines.--A defendant who derives profits or other proceeds 
  from an offense under section 932 or 933 may be fined not more than the 
  greater of--
              ``(1) the fine otherwise authorized by this part; or
              ``(2) the amount equal to twice the gross profits or other 
          proceeds of the offense under section 932 or 933.''.
      (b) Title III Authorization.--Section 2516(1)(n) of title 18, 
  United States Code, is amended by striking ``sections 922 and 924'' and 
  inserting ``section 922, 924, 932, or 933''.
      (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United 
  States Code, is amended by inserting ``section 932 (relating to straw 
  purchasing), section 933 (relating to trafficking in firearms),'' 
  before ``section 1028''.
      (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, 
  United States Code, is amended by striking ``section 924(n)'' and 
  inserting ``section 924(n), 932, or 933''.
      (e) Directive to Sentencing Commission.--Pursuant to its authority 
  under section 994 of title 28, United States Code, and in accordance 
  with this section, the United States Sentencing Commission shall review 
  and amend its guidelines and policy statements to ensure that persons 
  convicted of an offense under section 932 or 933 of title 18, United 
  States Code, and other offenses applicable to the straw purchases and 
  firearms trafficking of firearms are subject to increased penalties in 
  comparison to those currently provided by the guidelines and policy 
  statements for such straw purchasing and firearms trafficking offenses. 
  In its review, the Commission shall consider, in particular, an 
  appropriate amendment to reflect the intent of Congress that straw 
  purchasers without significant criminal histories receive sentences 
  that are sufficient to deter participation in such activities. The 
  Commission shall also review and amend its guidelines and policy 
  statements to reflect the intent of Congress that a person convicted of 
  an offense under section 932 or 933 of title 18, United States Code, 
  who is affiliated with a gang, cartel, organized crime ring, or other 
  such enterprise should be subject to higher penalties than an otherwise 
  unaffiliated individual.
      (f) Technical and Conforming Amendment.--The table of sections for 
  chapter 44 of title 18, United States Code, is amended by adding at the 
  end the following:
  
  ``932. Straw purchasing of firearms.
  ``933. Trafficking in firearms.
  ``934. Forfeiture and fines.''.
  
  SEC. 3. AMENDMENTS TO SECTION 922(D).
  
      Section 922(d) of title 18, United States Code, is amended--
              (1) in paragraph (8), by striking ``or'' at the end;
              (2) in paragraph (9), by striking the period at the end and 
          inserting a semicolon; and
              (3) by striking the matter following paragraph (9) and 
          inserting the following:
              ``(10) intends to sell or otherwise dispose of the firearm 
          or ammunition to a person described in any of paragraphs (1) 
          through (9); or
              ``(11) intends--
                      ``(A) to sell or otherwise dispose of the firearm 
                  or ammunition in furtherance of a Federal crime of 
                  terrorism, a crime of violence, or a drug trafficking 
                  offense, as such terms are defined in section 932(a); 
                  or
                      ``(B) to export the firearm or ammunition in 
                  violation of law.
  This subsection shall not apply with respect to the sale or disposition 
  of a firearm or ammunition to a licensed importer, licensed 
  manufacturer, licensed dealer, or licensed collector who pursuant to 
  subsection (b) of section 925 is not precluded from dealing in firearms 
  or ammunition, or to a person who has been granted relief from 
  disabilities pursuant to subsection (c) of section 925.''.
  
  SEC. 4. AMENDMENTS TO SECTION 924(A).
  
      Section 924(a) of title 18, United States Code, is amended--
              (1) in paragraph (2), by striking ``(d), (g),''; and
              (2) by adding at the end the following:
      ``(8) Whoever knowingly violates subsection (d) or (g) of section 
  922 shall be fined under this title, imprisoned for not more than 15 
  years, or both.''.
  
  SEC. 5. AMENDMENTS TO SECTION 924(D).
  
      Section 924(d) of title 18, United States Code, is amended--
              (1) in paragraph (1), by inserting ``932, or 933,'' after 
          ``section 924,''; and
              (2) in paragraph (3)--
                      (A) in subparagraph (E), by striking ``and'' at the 
                  end;
                      (B) in subparagraph (F), by striking the period at 
                  the end and inserting ``; and''; and
                      (C) by adding at the end the following:
              ``(G) any offense under section 932 or 933.''.
  
  SEC. 6. AMENDMENTS TO SECTION 924(H).
  
      Section 924 of title 18, United States Code, is amended by striking 
  subsection (h) and inserting the following:
      ``(h)(1) Whoever knowingly receives or transfers a firearm or 
  ammunition, or attempts or conspires to do so, knowing or having 
  reasonable cause to believe that such firearm or ammunition will be 
  used to commit a Federal crime of terrorism, a crime of violence, or a 
  drug trafficking crime (as such terms are defined in section 932(a)), 
  or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), 
  the International Emergency Economic Powers Act (50 U.S.C. 1701 et 
  seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 
  et seq.), shall be fined under this title, imprisoned for not more than 
  15 years, or both.
      ``(2) No term of imprisonment imposed on a person under this 
  subsection shall run concurrently with any term of imprisonment imposed 
  on the person under section 932.''.
  
  SEC. 7. AMENDMENTS TO SECTION 924(K).
  
      Section 924 of title 18, United States Code, is amended by striking 
  subsection (k) and inserting the following:
      ``(k)(1) A person who smuggles or knowingly brings into the United 
  States a firearm or ammunition, or attempts or conspires to do so, with 
  intent to engage in or to promote conduct that--
              ``(A) is punishable under the Controlled Substances Import 
          and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
          46; or
              ``(B) constitutes a Federal crime of terrorism, a crime of 
          violence, or a drug trafficking crime (as such terms are 
          defined in section 932(a)),
  shall be fined under this title, imprisoned for not more than 15 years, 
  or both.
      ``(2) A person who smuggles or knowingly takes out of the United 
  States a firearm or ammunition, or attempts or conspires to do so, with 
  intent to engage in or to promote conduct that--
              ``(A) would be punishable under the Controlled Substances 
          Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 
          of title 46, if the conduct had occurred within the United 
          States; or
              ``(B) would constitute a Federal crime of terrorism or a 
          crime of violence (as such terms are defined in section 932(a)) 
          for which the person may be prosecuted in a court of the United 
          States, if the conduct had occurred within the United States,
  shall be fined under this title, imprisoned for not more than 15 years, 
  or both.''.
  
  SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS.
  
      The Department of Justice, and any of its law enforcement 
  coordinate agencies, shall not conduct or otherwise facilitate the 
  transfer of an operable firearm to an individual if any law enforcement 
  officer employed by the Department of Justice involved with the 
  transfer knows or has reasonable cause to believe that the recipient of 
  the firearm is an agent of a drug cartel, unless law enforcement 
  personnel of the United States continuously monitor or control the 
  firearm at all times.
  
  SEC. 9. RULE OF CONSTRUCTION.
  
      Nothing in this Act, or an amendment made by this Act, shall be 
  construed to allow the establishment of a Federal system of 
  registration of firearms, firearms ownership, or firearms transactions 
  or dispositions.
target: Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm or ammunition) to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person; (2) to sell or transfer a firearm to further a crime of violence, a federal crime of terrorism, or a drug trafficking offense; or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises existing prohibitions on: (1) transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense; and (2) smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of and increases the maximum prison term for violating the prohibitions. The bill also makes it a crime to smuggle a firearm or ammunition out of the United States, or to conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence, a federal crime of terrorism, or a drug trafficking offense.  Finally, the bill prohibits the Department of Justice, or its law enforcement coordinate agencies, from facilitating the transfer of an operable firearm to a known or suspected agent of drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm.
feat_title: Stop Illegal Trafficking in Firearms Act of 2017