Section 1 Short title
This Act may be cited as the “Countering Illegal Firearms Trafficking to Mexico Act”.
Countering Illegal Firearms Trafficking to Mexico Act
A BILL
To address the problem of illegal firearm trafficking to Mexico.
Sec. 2 Collaboration between U.S. Immigrations and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives
The President shall design and implement a strategy to improve collaboration between U.S. Immigrations and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in the investigation of illegal firearm trafficking to Mexico, including formal monitoring of the implementation of the 2009 Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms, and Explosives and U.S. Immigrations and Customs Enforcement.
Sec. 3 Comprehensive indicators to stem arms trafficking to Mexico
Not later than 120 days after the date of the enactment of this Act, the Office of National Drug Control Policy shall establish comprehensive indicators that more accurately reflect progress made in efforts to stem arms trafficking to Mexico.
Sec. 4 Firearms trafficking
In general— Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
“932. Trafficking in firearms
“(a) Offenses—It shall be unlawful for any person, regardless of whether anything of value is exchanged—
“(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;
“(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;
“(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that—
“(A) is material to—
“(i) the identity of the actual buyer of the firearms; or
“(ii) the intended trafficking of the firearms; and
“(B) the person knows or has reasonable cause to believe is false; or
“(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3).
“(b) Penalties
“(1) In general—Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both.
“(2) Organizer enhancement—If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years.
“(c) Definitions—In this section—
“(1) the term actual buyer means the person for whom a firearm is being purchased, received, or acquired; and
“(2) the term term of imprisonment exceeding 1 year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.”
Clerical amendment— The table of sections for chapter 44 of such title is amended by adding at the end the following:
Sec. 5 Requirement that Federal firearms licensees report multiple sales of firearms
Section 923(g)(3)(A) of title 18, United States Code, is amended by striking “pistols, or revolvers, or any combination of pistols and revolvers totalling two or more,” and inserting “firearms”.
Sec. 6 Public availability of information about firearms seized by Mexico and submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing
Within 30 days after the beginning of each fiscal year that begins more than 120 days after the date of the enactment of this Act, the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall make public detailed information about the type, make, model, and caliber of each firearm seized by authorities of the Government of Mexico and submitted to the Bureau for tracing.
Sec. 7 Effective date
This Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act.