Gillibrand, McCarthy file ‘gun trafficking’ bill
Joined by some of the nation’s top anti-gun leaders, Sen. Kirsten Gillibrand (D-NY) and Rep. Carolyn McCarthy (D-NY) announced on Nov. 24 a new bill aimed at eliminating the steady flow of illegal guns into New York.
Standing alongside New York City Mayor Michael Bloomberg and the mayors of several other New York cities, NYPD Police Commissioner Ray Kelly, representatives from the Brady Campaign and New Yorkers Against Gun Violence, and the parents of victims who lost their lives from gun violence at The John Jay College of Criminal Justice, Gillibrand and McCarthy unveiled what they captioned “the Gun Trafficking Prevention Act of 2009.”
The House version, HR-4298, has 10 co-sponsors, all traditional anti-gunners. The Senate bill, which has no co-sponsors as Gun Week went to press, is S-2878.
Bloomberg said, “Senator Gillibrand and Congresswoman McCarthy’s legislation will improve our ability to rid our streets of the illegal guns that find their way into the hands of criminals to destroy families and lives. Too often, Congress has tied the hands of law enforcement with legislation like the Tiahrt Amendments, this legislation gives them the tools they need to crack down on illegal guns.”
The Gun Trafficking Prevention Act would allegedly “focus on the entire criminal network.”
First, it would make it illegal to traffic or assist in the trafficking of a firearm, making it unlawful to deliver or receive two or more firearms where the individual knows or has reason to believe that the firearms are being, or will be, used in a felony, thus targeting straw purchasers.
Second, it establishes new and stiffer penalties. Under HR-4298 and S-2878, traffickers could face up to 20 years in prison and be fined a significant sums of money. It also provides greater penalties for kingpins who organize gun trafficking rings, subjecting them to an additional sentence of potentially five consecutive years in prison. Penalties could increase depending on the number of guns trafficked.
The bill also treats individuals engaged in a conspiracy to traffic guns the same as those who actually traffick a gun. Individuals who engage in the conspiracy are subject to the same punishment as those who physically sell and receive the illegal guns.
Third, the US Attorney General and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) would be empowered to impose heightened restrictions, levy tough financial penalties, and suspend or revoke the license of any gun dealer deemed “corrupt.” The sponsors claim this is the first time that the levying of civil penalties will be widely available as a deterrent for corrupt gun dealers.
The Attorney General would be given the authority to identify and impose special restrictions on high-risk gun dealers, which could include dealers who have been unable to trace guns as required by federal law or who report significant or frequent inventory losses or thefts, among other criteria.
Fourth, the bills would provide ATF with the resources needed to inspect all federally licensed gun dealers and further investigate high-risk gun dealers. The bill would authorize the director of ATF to hire more personnel necessary to increase the average inspection rate of gun dealers to three years. Specifically, ATF would be given the authority to hire at least 500 additional Industry Operations Investigators and 1,000 special agents, who would be equipped with sufficient funding to meet the goals of inspecting gun dealers, enforcing these tough new restrictions, and supporting local law enforcement as they track down and prosecute gun traffickers in New York and around the country.
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