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18 U.S.C. § 932 — Straw purchasing of firearms

submitted 4 years ago by Pub. L. 117-159 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 326 words · no verdicts yet

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This section prohibits knowingly buying a firearm for another person when the buyer knows or reasonably should know that the person is disqualified or plans certain criminal uses. It sets penalties of up to 15 or 25 years.

(a) Definitions. For this section, “drug trafficking crime” has the meaning given in section 924(c)(2) and includes a state-law felony whose conduct would be a felony under the Controlled Substances Act, the Controlled Substances Import and Export Act, or title 46, chapter 705. “Federal crime of terrorism” has the meaning given in section 2332b(g)(5). “Felony” means a federal or state offense punishable by more than one year in prison. This section does not define the other quoted terms. (b) Violation. A person may not knowingly buy, or conspire to buy, a firearm in or affecting interstate or foreign commerce for, on behalf of, or at another person’s request or demand, while knowing or having reasonable cause to believe that the other person: (1) meets one or more criteria in section 922(d); (2) intends to use, carry, possess, sell, or otherwise dispose of the firearm to further a felony, federal crime of terrorism, or drug-trafficking crime; or (3) intends to sell or otherwise dispose of it to a person described in (1) or (2). (c)(1) Except as paragraph (2) provides, a violator may be fined under this title, imprisoned for up to 15 years, or both. (2) If the violator knew or had reasonable cause to believe that a firearm would be used to commit a felony, federal crime of terrorism, or drug-trafficking crime, the prison term may be up to 25 years.

the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

For purposes of this section—

(1)

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;

(2)

the term “Federal crime of terrorism” has the meaning given that term in section 2332b(g)(5); and

(3)

the term “felony” means any offense under Federal or State law punishable by imprisonment for a term exceeding 1 year.

(b)Violation.—

It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce for, on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person—

(1)

meets the criteria of 1 or more paragraphs of section 922(d);

(2)

intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking crime; or

(3)

intends to sell or otherwise dispose of the firearm to a person described in paragraph (1) or (2).

(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 felonies, crimes of terrorism, or drug trafficking crimes.—

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 felony, a Federal crime of terrorism, or a drug trafficking crime, the person shall be sentenced to a term of imprisonment of not more than 25 years.

Source credit: (Added Pub. L. 117–159, div. A, title II, § 12004(a)(1), June 25, 2022, 136 Stat. 1326.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-159 · 136 Stat. 1326

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-159 on 2022-06-25.

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