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Gun Kingpin Penalty Act (Introduced in the Senate)
Josey1
Member Posts: 9,598 ✭✭
Proposed in Congress: "It shall be unlawful for an unlicensed person to transfer 5 or more firearms from one State into another State during any 12 consecutive months, to another unlicensed person."
Mandatory minimum penalty: 3 years in prison. If one of the guns is subsequently used to injure or kill someone, the penalty increases to 10 years in prison, and the RICO act would be invoked against you also.
How would I give pieces of my gun collection to my sons living in other states?
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
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 * 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 * 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.
http://thomas.loc.gov/cgi-bin/query/z?c107:S.2091:
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Mandatory minimum penalty: 3 years in prison. If one of the guns is subsequently used to injure or kill someone, the penalty increases to 10 years in prison, and the RICO act would be invoked against you also.
How would I give pieces of my gun collection to my sons living in other states?
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
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 * 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 * 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.
http://thomas.loc.gov/cgi-bin/query/z?c107:S.2091:
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
I was under the impression it was already illegal to do it even just 1 time ... was I wrong?
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Sometimes the most obvious, is the most elusive!kimberkid@gunbroker.zzn.com
? otherwise, you'll find an excuse.
Not if it's a bequest from an estate. Then firearms can be transferred directly to an unlicensed person in another state, unless they are forbidden from possessing firearms. There may be state laws affecting such transfers.
Boomer
Protect our Constitutional Rights.
Josey, you would have to do it thru a licensed dealer.
The Almighty Himself Entrusted the Future of All Living Creatures to a Wooden Boat.- - - - - - - - - - - - - - - - - - - - -"Audemus jura nostra defendere"