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SecularMotion

(7,981 posts)
Fri Sep 11, 2015, 03:47 PM Sep 2015

Gun Trafficking Prevention Act of 2015

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

11 replies = new reply since forum marked as read
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Gun Trafficking Prevention Act of 2015 (Original Post) SecularMotion Sep 2015 OP
Leland Yee could not be reached for comment. Nuclear Unicorn Sep 2015 #1
Hear Yee, hear Yee discntnt_irny_srcsm Sep 2015 #2
Sole proprietor of "Yee Olde Gunz Shoppe" Nuclear Unicorn Sep 2015 #3
"Yee Olde Gunz Shoppe" discntnt_irny_srcsm Sep 2015 #4
Sounds good to me. Straw Man Sep 2015 #5
Typical Straw Man argument from you. Nuclear Unicorn Sep 2015 #7
Har har ... Straw Man Sep 2015 #8
Trashed, as is all of his/hers/its posts. oneshooter Sep 2015 #6
I have no objections to increased penalties for straw purchases, branford Sep 2015 #9
isn't the real issue sentencing guidelines? gejohnston Sep 2015 #10
If a case is difficult to prove, the defendant can be offered a plea to a lesser charge branford Sep 2015 #11

Nuclear Unicorn

(19,497 posts)
1. Leland Yee could not be reached for comment.
Fri Sep 11, 2015, 04:20 PM
Sep 2015

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?

Straw Man

(6,625 posts)
5. Sounds good to me.
Fri Sep 11, 2015, 05:13 PM
Sep 2015

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

 

branford

(4,462 posts)
9. I have no objections to increased penalties for straw purchases,
Fri Sep 11, 2015, 05:53 PM
Sep 2015

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

(17,502 posts)
10. isn't the real issue sentencing guidelines?
Fri Sep 11, 2015, 07:03 PM
Sep 2015

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

(4,462 posts)
11. If a case is difficult to prove, the defendant can be offered a plea to a lesser charge
Fri Sep 11, 2015, 10:43 PM
Sep 2015

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.

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