S 2158119th CongressIn Committee

Stopping the Fraudulent Sale of Firearms Act

Introduced: Jun 24, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Stopping the Fraudulent Sale of Firearms Act would add a new federal prohibition against fraudulent dealings in firearms and ammunition. Specifically, it creates a new provision under 18 U.S.C. 922(a)(10) that makes it illegal to import, manufacture, or sell firearms or ammunition by false pretenses, representations, or promises, and to transmit communications about those fraudulent transactions across state or national borders (i.e., via wire, radio, or television). The bill ties this new offense to the existing penalties in 18 U.S.C. 924(a)(1)(B) by inserting a cross-reference so the fraudulent-firearms offense would carry the same penalties as other firearms offenses. In short, the bill aims to close a gap in federal law by criminalizing deception in gun transactions and the related interstate/foreign communications. The sponsors—Senator Padilla and fellow lawmakers—introduced the bill in the 119th Congress with the stated goal of curbing fraudulent sales and imports of firearms and ammunition.

Key Points

1Creates a new federal crime under 18 U.S.C. 922(a)(10): it is unlawful to import, manufacture, or sell a firearm or ammunition by false or fraudulent pretenses, representations, or promises.
2Adds a criminalization for deceptive communications: it is unlawful to transmit, or cause to be transmitted, by wire, radio, or television, any communication relating to the importation, manufacture, or sale described in the new subsection.
3Mens rea/intent implied: the offense requires false or fraudulent pretenses or representations, indicating the crime is rooted in intentional deception aimed at wrongdoing (fraud).
4Penalties alignment: the bill updates 18 U.S.C. 924(a)(1)(B) to include the new subsection (a)(10) in the list of offenses subject to its penalties, ensuring the fraudulent-firearms offense carries the appropriate penalties under existing federal firearms statute framework.
5Short title: the act is titled the “Stopping the Fraudulent Sale of Firearms Act.”

Impact Areas

Primary group/area affected- Individuals and entities involved in firearms and ammunition transactions (e.g., importers, manufacturers, dealers, and sellers) who might engage in fraudulent schemes or misrepresentations.Secondary group/area affected- Consumers and buyers who could be victims of fraudulent firearm transactions.- Law enforcement and prosecutors, who would handle investigations and prosecutions of the new offense.Additional impacts- Online and cross-border communications: the bill applies to interstate or foreign communications about fraudulent gun transactions (e.g., advertising, negotiations, or other messages transmitted via wire, radio, or TV), potentially affecting how gun-related commerce and marketing are conducted across state lines.- Legal/regulatory clarity: provides a clear federal hook for fraud in firearm sales, potentially closing loopholes that allowed deceptive gun transactions to evade federal enforcement.- Speech and commerce considerations: because the offense involves false statements and communications about gun sales, there could be scrutiny regarding the balance between anti-fraud enforcement and First Amendment (free speech) concerns, particularly around advertising and communications about firearms. However, the bill targets fraudulent activity, not permissible promotional speech, and would require proven intent to defraud.

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