[Congressional Record Volume 159, Number 7 (Tuesday, January 22, 2013)]
[Senate]
[Page S180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. LEAHY (for himself and Mr. Durbin):
  S. 54. A bill to increase public safety by punishing and deterring 
firearms trafficking; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am introducing legislation directed 
at combating the practice of straw purchasing and illegal trafficking 
in firearms. I thank the law enforcement partners who have contributed 
ideas and Senator Durbin for joining me in this effort. I hope that as 
Senators become familiar with the proposal, they will see it as a 
focused approach to provide law enforcement officials with the tools 
they need to go after those who engage in the illegal trafficking. This 
commonsense measure deserves the bipartisan support that will be 
critical to any effort in the Senate to reduce gun violence in America.
  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. When the President 
spoke last week about the need for legislative action in the wake of 
the horrific events at Sandy Hook Elementary School, strengthening our 
law enforcement efforts against illegal gun trafficking was one of the 
key issues he proposed. This bill will answer that call to action.
  Next week, the Senate Judiciary Committee will hold the first hearing 
of the 113th Congress on the issue of gun violence. I expect that part 
of that discussion will include examining various legislative proposals 
Senators have put forward. We need to move beyond platitudes and toward 
solutions. It is my hope that as the Committee proceeds we can find 
areas of common ground.
  There is now broad recognition that the Second Amendment guarantees 
the individual right to own a firearm, and that self protection is an 
essential part of that right. To the extent there used to be a backdrop 
of uncertainty about the meaning of the Second Amendment, that time is 
past. I have long believed that the right to bear arms for protection 
is a fundamental right. The Supreme Court has now confirmed the 
individual right guaranteed by the Second Amendment. That is no longer 
questioned. So we can proceed now in this discussion with certainty 
that Americans' constitutional rights will be preserved while we seek 
solutions to prevent gun violence.
  There is broad agreement that keeping guns away from those suffering 
from mental illness and criminals is the right thing to do. I am a 
responsible gun owner. I know that other responsible gun owners will 
support better enforcement of the laws that exist to keep guns out of 
the hands of criminals and the mentally ill. We cannot allow those who 
are barred from buying guns to circumvent our laws. That is just common 
sense.
  Law enforcement officials have complained for years that they lack 
the legal tools necessary to effectively combat illegal firearms 
trafficking. Congressional inquiry during the last Congress should have 
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 must respond to this clear vulnerability.
  The Stop Illegal Trafficking in Firearms Act will make important 
changes to Federal firearms statutes to give law enforcement officials 
the tools they need to investigate and prosecute the all-too-common 
practice of straw purchasing and illegal trafficking of firearms. This 
practice typically involves 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. It is a 
problem that must be addressed. It not only results in the support of 
larger criminal organizations, but also in the proliferation of illegal 
firearms and gun violence in our communities. It puts both law 
enforcement officials and law abiding firearms dealers in a very 
difficult position but more importantly, this makes our citizens and 
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 lying 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 bill I introduce today will add a new provision to our Federal 
criminal code to specifically prohibit serving as a straw purchaser of 
firearms, and establishes tough penalties for those who purchase 
firearms for, on behalf of, or with the intent to transfer the firearms 
to someone prohibited from making that purchase directly. 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 relation to criminal activity. The bill does contain important 
exemptions from the prohibition, namely, the transfer of a firearm as a 
gift, or in relation to a legitimate raffle, auction or contest.
  This bill will complement 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.
  The provisions laid out in this legislation are focused, commonsense 
remedies to the very real problem of firearms trafficking and straw 
purchasing. The bill does not affect Federal firearms licensees, and in 
no way alters their rights and responsibilities as sellers of a lawful 
commodity.
  As the Senate seeks a way forward to find national solutions to 
reduce gun violence, I hope Senators from across the political spectrum 
can work together to find common ground. We have a responsibility and a 
duty to refine our laws consistent with the rights guaranteed by the 
Second Amendment. As Chairman of the Judiciary Committee, a Senator, a 
Vermonter, an American, a father and a grandfather, I am prepared to 
hear all ideas, listen to all views, and work with Senators from both 
sides of the aisle. The bill I introduce today is the first of several 
proposals I expect to support to reduce gun violence. I look forward to 
discussing it further with fellow Senators and witnesses at the 
upcoming hearing before the Senate Judiciary Committee.

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