PRIA, Government Policy, Made Personal

Summary

It is illegal to buy or agree to buy a gun across state lines or in foreign commerce for someone else when you know or reasonably believe that person is not allowed to have a gun, plans to use the gun to commit a felony, terrorist act, or drug-trafficking crime, or plans to give the gun to someone like that. Drug trafficking crime — the federal term for serious drug offenses, including similar state felonies. Federal crime of terrorism — the federal definition for terrorism offenses. Felony — a crime punishable by more than 1 year in prison. Violators can be fined, get up to 15 years in prison, or both. If the buyer knew or reasonably believed the gun would be used in a felony, terrorism, or drug-trafficking crime, the prison term can be up to 25 years.

Title 18, §932

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Definitions.—

For purposes of this section

(1)

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Controlled Substances Act, referred to in subsec. (a)(1)(B), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables. The Controlled Substances Import and Export Act, referred to in subsec. (a)(1)(B), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of the Act to the Code, see

Short Title

note set out under section 951 of Title 21 and Tables.

Statutory Notes and Related Subsidiaries

Rule of

Construction

Nothing in section 12004(a)(1) of Pub. L. 117–159, which enacted this section, to be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117–159, set out as a note under section 922 of this title.

§932 Straw Purchasing of Firearms

Summary

Title 18, §932

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Construction

Citations & Metadata