[Congressional Record Volume 159, Number 13 (Wednesday, January 30, 2013)]
[Senate]
[Page S402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. GILLIBRAND (for herself and Mr. Kirk):
  S. 179. A bill to prevent gun trafficking; to the Committee on the 
Judiciary.
  Mrs. GILLIBRAND. Mr. President, I rise today on behalf of the 
millions of Americans who are saying: Enough is enough. They have seen 
too much senseless deadly gun violence and are demanding commonsense 
solutions out of Congress.
  One solution I have been focused on for a long time is ending gun 
trafficking. This is a critically important public safety issue where I 
believe Members of both sides of the aisle can come together and agree. 
We can and should agree that it is time to crack down on the black 
market of illegal guns that criminals rely upon to obtain weapons that 
are later used in violent crimes.
  Almost 1 month ago, the NYPD suffered one of its bloodiest nights in 
history when three officers suffered gunshot wounds in two separate 
crimes an hour apart. According to news reports, one of the handguns 
recovered from the scene was imported by traffickers from Philadelphia, 
and one came from North Carolina. Thankfully, these heroes are on their 
way toward recovery.
  Just 1 year ago, New York police officer Peter Figoski, the father of 
four beautiful girls, was tragically killed on the beat with an illegal 
weapon purchased on the black market in Virginia.
  I will never forget the faces of slain 17-year-old honor student 
Nyasia Pryear-Yard's parents whom I met just weeks after being sworn 
into the Senate. Nyasia was also killed by an illegal gun one terrible 
night when she was doing nothing more than enjoying an evening with 
friends.
  According to the New York City's mayor's office, 85 percent of the 
guns used in crimes in New York City come from out of State, and 90 
percent of those guns are bought through the illegal black market run 
by traffickers. The sad fact is more than 30 people die every single 
day due to gun violence. These senseless killings must stop.
  We have an obligation to act and prevent tomorrow's senseless deaths 
by ensuring that guns stay out of the hands of criminals, and the 
dangerously mentally ill, and to strengthen our laws so that law 
enforcement has the ability to go after the gunrunners and take down 
these illegal markets.
  The truth is that supporting the second amendment and reducing gun 
violence are compatible and consistent. Responsible gun owners 
vehemently oppose the kind of gun violence that struck Newtown, Aurora, 
Oak Creek, and to thousands of families across America every single 
year who suffer. We should be able to find reasonable and commonsense 
reforms that can preserve our rights but also protect our families.
  Keeping our children safe from the scourge of gun violence is not a 
Democratic or Republican principle, it is not pro-gun or anti-gun. This 
is an issue that all Americans can support. There is no political 
ideology that finds this cruel loss of life acceptable. I was 
incredibly pleased to see President Obama include as part of his 
comprehensive plan to prevent gun violence a bill that I first 
introduced in 2009 with Mayor Bloomberg and Commissioner Kelly, called 
the Gun Trafficking Prevention Act, which would be the first Federal 
law to define gun trafficking as a Federal crime and prevent scores of 
illegal guns from being moved into the hands of criminals.
  We have thousands of laws, but effectively none of them are directly 
focused on preventing someone from driving from one State to another 
State with a load of guns in the back of a truck that they can sell 
directly to criminals.
  It is shocking to me as a mother. It is shocking to me as a lawmaker. 
But this is something that we can actually fix.
  Over the past 3 fiscal years, more than 33,000 guns used in violent 
crimes showed telltale signs of black market trafficking, 420,000 
firearms were stolen, and thousands of guns with obliterated serial 
numbers were recovered by law enforcement. While law enforcement is 
working overtime to track down illegal guns and apprehend those who 
traffic these weapons, current law restricts their ability to 
investigate and prosecute these crimes. We may all agree this simply 
makes no sense and leaves all our communities vulnerable.
  I am very proud to have worked with my colleague and friend Senator 
Mark Kirk to introduce a bipartisan bill today, S. 179. This bill takes 
the problem of gun trafficking head on. Our bipartisan bill would 
empower local, State, and Federal law enforcement to investigate and 
prosecute gun traffickers, straw purchasers, and their entire criminal 
networks. Our bill does nothing to affect the constitutionally 
protected rights of responsible, law-abiding gun owners.
  By cracking down on illegal trafficking and their vast criminal 
networks, we can stop the flow of these illegal guns that are coming 
into our city neighborhoods and reduce gun violence. Law enforcement 
officials across the country have said they need this legislation to be 
able to fight crime.
  I urge my colleagues to support this bill, and I urge passage of this 
commonsense, nonpartisan, bipartisan piece of legislation.
 Mr. KIRK. Mr. President, I rise in support of the Gun 
Trafficking Prevention Act of 2013, which I am proud to have introduced 
with Senator Gillibrand (D-NY) this morning. There are an estimated 
33,000 gangs with 1.4 million active members who live in our 
neighborhoods, towns and cities across the United States. With more 
than 100,000 gang members, the city of Chicago has more gang members 
who terrorize its residents than any other city in the United States. 
The Chicago Crime Commission also reported the existence of an 
additional 15,000 gang members operating in our suburbs.
  Gangs like the Vice Lords, Gangster Disciples and the Latin Kings are 
responsible for nearly 80 percent of the city's homicides, which just 
last summer amounted to 500 deaths in Chicago. These homicides are most 
often perpetrated with illegal weapons. Law enforcement officers in 
Chicago confiscate an average of 13,000 illegal weapons each year. It 
must end.
  That is why I have joined with Senator Gillibrand of New York to take 
serious action to prevent weapons trafficking and straw purchasing, 
where a third-party member legally purchases a firearm, then sells or 
trades it to a criminal who is legally barred from purchasing such a 
weapon. Our bill would be the first Federal law to criminalize the 
trafficking of illegal guns. This legislation also calls upon the 
sentencing commission to substantially increase the penalties for 
trafficking when committed by or in concert with gang members.
  The Gun Trafficking Prevention Act keeps Americans safe by giving law 
enforcement the tools it needs to crack down on straw purchases, 
organizers of trafficking rings, and those involved in the conspiracy 
of trafficking while protecting the constitutional rights of 
responsible, law-abiding gun owners. I hope my colleagues will join me 
in supporting and quickly passing this critical legislation.
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