Gun Trafficking Prevention Act of 2015

[SecularMotion]

The Gun Trafficking Prevention Act of 2015 directly addresses concerns by law enforcement officials who testified before Congress that a dedicated firearms trafficking statute would help them combat the flow of thousands of firearms to violent criminals, international drug cartels, and a host of other dangerous people.

This legislation was first introduced in 2013 and was cosponsored by 118 Members of the House from both political parties. It also passed as an amendment out of the Senate Judiciary Committee, but was not enacted into law. Specifically, the legislation:

• Prohibits Firearms Trafficking: The bill prohibits the purchase or transfer of a firearm if the intent is to deliver it to someone else who is prohibited by Federal or State law from possessing one.
  
• Strengthens Penalties for Straw Purchasers: The bill strengthens penalties to up to 20 years imprisonment for “straw purchasers” who intentionally provide false or misleading material information when they purchase firearms from Federal Firearms Licensees.
  
• Enhances Penalties for Kingpins and Multiple Illegal Purchases: The bill provides enhanced penalties for organizers or managers of firearms trafficking networks and recommends that the Sentencing Commission increase penalties for multiple illegal gun purchases.

https://maloney.house.gov/media-center/press-releases/members-introduce-bipartisan-house-bill-to-combat-gun-trafficking

[Nuclear Unicorn]

1. Leland Yee could not be reached for comment.

Apart from that, I'm OK with strong penalties for straw purchasers. Now the question is: Will the Controller lose their minds, as they tend to do, and tack-on a bunch of amendments that will kill any chance of passage?

[discntnt_irny_srcsm]

2. Hear Yee, hear Yee

[Nuclear Unicorn]

3. Sole proprietor of "Yee Olde Gunz Shoppe"

[discntnt_irny_srcsm]

4. "Yee Olde Gunz Shoppe"

nice

[Straw Man]

5. Sounds good to me.

But isn't the first bullet point simply the definition of straw purchase, which is already illegal?

[Nuclear Unicorn]

7. Typical Straw Man argument from you.

(See what I did there?)

[Straw Man]

8. Har har ...

[oneshooter]

6. Trashed, as is all of his/hers/its posts.

[branford]

9. I have no objections to increased penalties for straw purchases,

although much of what's indicated in the article is already criminal under both federal and most state laws.

Given that some of the primary sponsors and supporters are well-known strict gun control like Representatives like Carolyn Maloney and Elijah Cummings, I'm immediately suspicious about the content of the actual proposed legislation. As an attorney, I'm also quite well aware that the content of a proposed law often goes well beyond the general, feel-good language of press releases and purported summaries. In fact, the OP's link, as well as internal links, conspicuously fail to direct the reader to the actual text of the legislation. Other referenced links are misleading. For instance, an earlier linked press release discusses the NRA's objections to straw purchases in the context of the bill, wrongly implying that they support the this particular legislation.


A quick Google search also revealed how some of the sponsors of these types of bills are their own worst enemies and destroyed any trust needed for comprise on firearms-related legislation:

http://www.outdoorlife.com/blogs/gun-shots/gun-stories-week-2015-summer-firearm-sales-smash-previous-records
http://townhall.com/tipsheet/katiepavlich/2015/09/10/feds-fail-to-enforce-gun-trafficking-laws-congress-introduces-new-legislation-anyway-n2049834

[gejohnston]

10. isn't the real issue sentencing guidelines?

My understanding is that any violation of the Gun Control Act can get you up to ten years, yet straw purchasers usually get probation with no time served. I remember reading about a guy that used fake ID and sold several on thugs and got probation.
Personally, I would like to see straw purchasers be charged with accessory or conspiracy for any crime committed with said firearm.

[branford]

11. If a case is difficult to prove, the defendant can be offered a plea to a lesser charge

that carries a much lower sentence.

The federal sentencing guidelines are also generally "advisory," although I doubt they're the issue with low sentences for straw purchasers. I would imagine it's a matter of various U.S. Attorneys not wanting to expend time and resources for what amount to small, sometimes difficult to prove cases that will garner little press or notoriety.