Statements on Introduced Bills and Joint Resolutions
by Senator Patrick J. LeahyPosted on 2013-03-04
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LEAHY (for himself, Ms. Collins, Mr. Durbin, Mrs.
Gillibrand, Mr. Kirk, Mr. Blumenthal, and Mr. King):
S. 443. A bill to increase public safety by punishing and deterring
firearms trafficking; to the Committee on the Judiciary.
Mr. LEAHY. Today I am proud to introduce modified legislation to
combat the practice of straw purchasing and illegal trafficking in
firearms. Since my initial introduction of the Stop Illegal Trafficking
in Firearms Act at the very beginning of the 113th Congress on January
22, I have had productive conversations with several Senators who share
my goal of reducing this destructive criminal conduct. Today I am
pleased to be joined by Senator Collins, Senator Durbin, Senator Kirk,
Senator Gillibrand, and Senator Blumenthal. These Senators understand
the weaknesses in our current law and the challenges faced by law
enforcement officials. I thank them for their commitment to this
legislation, for their support of law enforcement, and for their
cooperation in making progress in our collective efforts to prevent and
reduce gun violence.
I hope that as other Senators on both sides of the aisle become more
familiar with our bipartisan proposal, they will understand how it
provides law enforcement with the tools they need to go after those who
engage in the straw purchasing and illegal trafficking of firearms. The
practice of straw purchasing is used for one thing to put firearms into
the hands of those that are prohibited by law from having them. Many
are then used to further violent crimes.
I have heard again and again from Senators on both sides of the aisle
that keeping guns away from those who should not have them is a goal
worth pursuing. This bill will further that effort and help answer the
call from Gabrielle Giffords and so many Americans for us to take
action.
I want to commend the senior Senator from Maine, Senator Collins, for
her leadership on this matter and for her willingness to work across
the aisle to make real progress. She helped unite us to get this done.
Without her, we would not have made the progress we have, or be in
position to consider this comprehensive response to what law
enforcement has told us they need.
This week, the Senate Judiciary Committee will continue our
consideration of four measures to reduce gun violence. The issue of gun
trafficking and straw purchasing is before the Committee. I will amend
my original trafficking bill that is pending on the Committee agenda
with the text of this bipartisan compromise, which combines the
proposals that I put forward with Senator Durbin at the beginning of
this Congress as well as proposals that have been championed by Senator
Gillibrand and Senator Kirk. Our substitute amendment will improve the
language already pending before the Committee. As I did before
introducing any measure related to gun violence this year, I also hope
to continue my outreach to the Judiciary Committee's Ranking Member. I
invite Senator Grassley and other members of the Committee from both
sides of the aisle to join with us so that I can report this measure
with strong bipartisan support and without delay for consideration by
the Senate.
Law enforcement officials have complained for years that they lack
the legal tools necessary effectively to combat illegal straw
purchasing and firearms trafficking. Congressional inquiry during the
last Congress put a spotlight on the very difficult legal environment
within which law enforcement officials currently operate. In fact, one
of the whistleblowers who testified about the misguided tactics used by
Federal law enforcement in firearms trafficking investigations in
Arizona described the current laws as ``toothless.'' If we are to
address gun violence, we should respond to this clear vulnerability
that is being exploited by criminals.
The Stop Illegal Trafficking in Firearms Act will make important
changes to Federal firearms statutes that will better equip law
enforcement officials to investigate and prosecute the all-too-common
practices of straw purchasing and illegal trafficking of firearms.
Straw purchases typically involve a person, who is not prohibited by
Federal law, purchasing a firearm on behalf of a prohibited person, or
at the direction of a drug trafficking or other criminal organization.
These practices result in the support of larger criminal organizations,
and the illegally obtained guns are often sold and re-sold across state
lines. This trafficking in firearms results in the proliferation of
illegal firearms and gun violence in our communities. Straw
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purchasers circumvent the purposes of the background check system, and
they put law enforcement officials and law-abiding firearms dealers in
difficult positions. Gun trafficking and straw purchasing make our
communities less safe.
Under current law, there is no specific statute that makes it illegal
to act as a straw purchaser of firearms. Nor is there a law directly on
point to address the illegal trafficking of firearms. As a result,
prosecutors must cobble together charges against a straw purchaser
using so-called ``paperwork'' violations such as misrepresentations on
a Federal form. These laws are imperfect, and do not give prosecutors
the leverage needed to encourage straw buyers, often the lowest rungs
on a ladder in a criminal enterprise, to provide the information needed
for investigators and prosecutors to go after those directing and
profiting from such activity.
The bipartisan bill we introduce today will add two new provisions to
our Federal criminal code to specifically prohibit serving as a straw
purchaser of firearms and trafficking in firearms. The bill establishes
tough penalties for these offenses in an effort to punish and
importantly, deter this conduct. We need a meaningful solution to this
serious problem. Talk about prosecuting mere paperwork offenses is no
answer.
Under current law, it is a crime to transfer a firearm to another
with the knowledge that the firearm will be used in criminal activity.
This bill would strengthen this existing law by prohibiting such a
transfer where the transferor has ``reasonable cause to believe'' that
the firearm will be used in criminal activity. We listened to concerns
about family members who give firearms as gifts and other transfers
that are not designed to get around the existing background check
system. As a result, the bill contains important exemptions for the
innocent transfer of a firearm as a gift, or in relation to a
legitimate raffle, auction or contest.
Another key provision of our bipartisan bill is that it complements
existing law that makes it a crime to smuggle firearms into the United
States by specifically prohibiting the smuggling of firearms out of the
United States. In light of what we know is occurring, particularly on
our Southwest border, this is an important improvement to current law
and another tool that was needed but missing over the last few years.
The provisions laid out in our legislation are focused, commonsense
remedies to the very real problems of firearms trafficking and straw
purchasing. Our bill does not affect lawful purchases from Federal
firearms licensees, and in no way alters their rights and
responsibilities as sellers of a lawful commodity. I hope Federal
firearms licensees welcome a stronger deterrent to keep criminal straw
purchasers out of their business.
The problems of gun trafficking and straw purchasers, particularly
along the Southwest border, are matters we have been talking about for
years. Senator Durbin chaired a hearing on border violence back in
early 2009. Law enforcement officials have called for a firearms
trafficking statute that can be effective to go after straw purchasers.
That is something agents did not have when they initiated Operation
Wide Receiver during the Bush administration and later the disastrous
Fast and Furious effort. Their frustration with the limits of the
current law contributed to their looking for another way to make a
difference in their fight against gun trafficking. Their initiative was
a failure. What we need to do now is to create better law enforcement
tools. I hope that those who have been concerned about Fast and
Furious, whose investigation established that it was the local ATF
agents in Arizona who initiated and so poorly implemented that effort,
will join with us to close the loophole in the law that Mexican drug
cartels are continuing to exploit.
Our bill was drafted at the request of law enforcement. It will
provide needed tools to fight against the drug cartels and other
criminals who threaten our communities. It will not undermine the
Second Amendment rights of lawful gun owners. It has the support of
many law enforcement organizations--both leadership and rank and file.
Indeed, the original bill I introduced with Senator Durbin has been
supported by the National Fraternal Order of Police, the National Law
Enforcement Partnership to Prevent Gun Violence, the Federal Law
Enforcement Officers Association, the International Association of
Chiefs of Police, the Major Cities Chiefs Association, the National
District Attorneys Association, and the Police Executive Research
Forum. I urge everyone who cares about keeping firearms out of the
hands of criminals to join in this effort.
We have an obligation to find solutions to reduce gun violence and I
thank these Senators for their strong leadership. We can do this in a
way consistent with the rights guaranteed by the Second Amendment. I
believe our bipartisan legislation meets those goals. As Chairman of
the Judiciary Committee, a Senator, a Vermonter, an American, a father
and a grandfather, I look forward to continuing our progress on this
important legislation.
The PRESIDING OFFICER. The Senator from Maine.
