18 U.S.C. § 932

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 932 - Straw purchasing of firearms

(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.

18 U.S.C. § 932

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

EDITORIAL NOTES

REFERENCES IN TEXTThe 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 CONSTRUCTIONNothing 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.

firearm

The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

interstate or foreign commerce

The term "interstate or foreign commerce" includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

person

The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company.