[Congressional Record Volume 162, Number 25 (Thursday, February 11, 2016)]
[Senate]
[Pages S877-S879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Collins, Mr. Durbin, and Mr. 
        Kirk):
  S. 2544. A bill to increase public safety by punishing and deterring 
firearms trafficking; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I see my distinguished colleague from Maine 
on the floor. Both of us would like to speak about how for years law 
enforcement in Vermont and elsewhere have sought more effective tools 
to go after straw purchasers and gun traffickers. Straw purchasers are 
people who do not have a criminal record but who purchase firearms for 
other people, and all too often they enable violent criminals, drug 
traffickers, and terrorists to obtain guns and to circumvent the 
background check requirements of Federal law.
  This Senator finds it frustrating. I am a gun owner. I go through 
background checks, but when I think of drug traffickers getting guns 
through a straw purchaser, that is wrong. In fact, they ship guns with 
impunity across State lines, not only from Vermont to other parts of 
New England but also along the Southwest border, allowing them to 
conduct illegal gun transactions in our cities and towns. Law 
enforcement officers who have tried to stop this have been hamstrung 
because under current law there is no Federal statute specifically 
prohibiting either the practice of straw purchasing or firearms 
trafficking. So today I am reintroducing legislation with the 
distinguished Senator from Maine, Ms. Collins, to plug those gaps in 
the law. The Stop Illegal Trafficking in Firearms Act of 2016 would 
make it a Federal crime to act as a straw purchaser of firearms or to 
illegally traffic firearms. It would also establish tough penalties for 
anyone who transfers a firearm when they have reasonable cause to 
believe it would be used in a drug transaction, crime or an act of 
terrorism. It will fix a loophole in the existing law and make it clear 
that it is a crime to smuggle firearms out of the United States just as 
it is a crime to smuggle firearms into the United States. This 
legislation answers the call from law enforcement to strengthen our 
investigative and prosecutorial tools to keep guns out of the hands of 
criminals and terrorists.
  We have to do more to protect our communities. The heartbreaking 
reports of mass shootings have become all too common and no corner of 
our country is immune from the tragedies that accompany everyday gun 
violence--not even Vermont. Criminals in search of firearms exploit 
gaping loopholes in our gun laws, and they utilize straw purchasers and 
trafficking networks or unregulated gun markets. In addition, the rise 
in addiction to heroin and opioids in the Northeast has exposed a new 
so-called iron pipeline of firearms trafficking. We are seeing firearms 
serve as a currency. You can use a firearm to buy illegal drugs like 
heroin. Addicts are being directed to straw purchase firearms for 
dealers because dealers who have criminal backgrounds could not pass a 
background check. In Vermont, for example, Federal investigators are 
reporting increasing instances of straw purchasers buying guns for drug 
dealers or finding guns that were purchased in Vermont being trafficked 
to criminals in other States, such as New York, Massachusetts, and 
Connecticut, where the guns are traded for heroin or used in violent 
crimes.
  This morning the Judiciary Committee approved bipartisan legislation 
that takes a comprehensive approach to dealing with heroin and opioid 
addiction. I fought to include provisions to help law enforcement and 
to provide assistance to rural communities like we have in Vermont. 
Passing a gun trafficking bill is another way we can keep our 
communities safe.
  Remember, straw purchasing and gun trafficking is not just tied to 
drug trafficking. Even terrorists, like the suspected San Bernardino 
shooters, have utilized straw purchasers to acquire their guns. In the 
San Bernardino case, the prosecutors did not have the option of 
charging the friend of the terrorists with a straw purchasing offense. 
Instead, the only charge that was available against him for unlawfully 
purchasing the two rifles used in the mass shooting was a paperwork 
violation of making a false statement. This Senator has heard from many 
prosecutors, Republicans and Democrats alike, that these paperwork 
charges are wholly inadequate to deter or stop such dangerous conduct.
  It is time to take action. Only Congress can fill the gap. Congress 
must not become so numb to tragedy after tragedy that we fail to 
fulfill our responsibility to legislate. It is true that

[[Page S878]]

no one piece of legislation can prevent all criminals from acquiring 
firearms, and it certainly will not solve the epidemic of gun violence, 
but that is not an excuse for inaction.
  I would hope all of us would agree that criminals and terrorists 
should not have guns and that we should investigate and prosecute the 
straw purchasers and gun traffickers who help criminals and terrorists 
get guns. Law enforcement officials have complained for years that they 
lack the statutory tools to effectively investigate and deter straw 
purchasers and gun traffickers. That is why this bill has such strong 
support from law enforcement groups such as the National Fraternal 
Order of Police, the International Association of Chiefs of Police, the 
Major Cities Chiefs Association, the Federal Law Enforcement Officers 
Association, the National Tactical Officers Association, the National 
District Attorneys Association, and the Association of Prosecuting 
Attorneys. This bill builds on the progress we made last Congress when 
I worked with Senator Durbin to introduce similar legislation. I want 
to acknowledge the tireless efforts of Senator Durbin and others on 
this issue, and I am glad he is an original cosponsor of this important 
legislation.
  As are many others, I am proud to be a responsible gun owner. I enjoy 
target shooting in the backyard of my farmhouse--with a nice safe 
backdrop I might add. I am deeply committed to the fundamental and 
individual rights afforded in the Second Amendment. I know Senator 
Collins shares my commitment to protecting those constitutional rights, 
but we also share a desire to go after violent criminals, drug 
traffickers, and terrorists. We do not want to hand guns to violent 
criminals, drug traffickers, and terrorists, and if they do get guns we 
want to make sure law enforcement officials arrest the people who gave 
them the guns to keep guns out of their hands. This legislation does 
just that.
  Mr. President, I yield the floor to my good friend, the senior 
Senator from Maine.
  Ms. COLLINS. Mr. President, I am very pleased to join my colleague 
from New England, Senator Leahy, in introducing our bill, the Stop 
Illegal Trafficking in Firearms Act. Our bill would strengthen Federal 
law to make it easier for prosecutors to effectively go after gun 
traffickers while protecting fully the rights of the vast majority of 
gun owners who are law-abiding.
  The practice of straw purchasing is intended to achieve one result, 
and that is to put a gun in the hands of criminals. Today traffickers 
target individuals who can lawfully purchase firearms and then use 
those weapons to commit crimes. They exploit weaknesses in Federal law 
that make prosecuting straw purchasers difficult and punishment for 
such a crime generally minimal.
  The guns we are targeting in our bill are frequently sold and resold 
and trafficked across State lines, resulting in the proliferation of 
illegal firearms in our communities. This practice has fueled the 
violence across our southern border associated with the Mexican drug 
cartels; it has spurred gun violence in our cities; and it has 
contributed to the heroin crisis that is so devastating to our families 
and is undermining public safety in our communities.
  Current Federal law makes preventing and prosecuting these offenses 
very difficult for law enforcement. Right now, a straw purchaser can 
only be prosecuted for lying on a Federal form. Essentially, that is 
treated as if it were a paperwork violation. Our bill would create new, 
specific criminal offenses for straw purchasing and trafficking in 
firearms. Instead of a slap on the wrist, these crimes would be 
punishable for up to 15 years in prison for those who knowingly 
purchase a firearm for a prohibited person or had reason to believe 
they would use the firearm in a prohibited way. For those straw 
purchasers who know or have reasonable cause to believe that the 
firearm would be used to commit a crime of violence, that crime will be 
punishable for up to 25 years in prison.
  It is not surprising that so many law enforcement groups have 
endorsed our commonsense proposal. It would provide them with an 
effective tool to fight the violence that too often goes hand in hand 
with drug trafficking. Straw purchasing and the trafficking of firearms 
puts guns directly into the hands of drug dealers and violent criminals 
who smuggle heroin into my State and so many other States. The heroin 
flooding our communities is reaching crisis proportions. In 2014, there 
were a record 208 overdose deaths in the State of Maine, including 57 
caused by heroin, and the problem is only getting worse.
  The problem of straw purchasing and drug and gun trafficking is 
directly linked to the heroin crisis. Law enforcement officers tell me 
they have seen a major influx of drug dealers coming from out of State, 
straight up I-95's ``iron pipeline'' and other interstate highways with 
direct ties to gangs in major cities and ready to sell or trade 
prescription opiates and heroin for guns.
  Oftentimes drug dealers and gang members follow a similar pattern. 
They seek out and target addicts and they trade or sell them heroin for 
guns. These gang members with criminal records cross into Maine and 
approach these drug addicts to be their straw buyers because these 
addicts usually have clean records, so they can legally purchase the 
firearms these criminals are seeking. The addict exchanges the gun for 
heroin to support his or her drug dependency, and that cycle is 
repeated time and again. Those guns might be used in out-of-State 
crimes or resold at a profit.
  Recently, I received a truly shocking briefing from Federal law 
enforcement officials about the cases in Maine that fit this pattern. 
Let me tell you about one. Gang members trafficked in crack cocaine and 
heroin between New Haven, CT, and Bangor, ME, where I live. They were 
later charged with acts of violence, including assault, armed 
robberies, attempted murder, and murder. Law enforcement's 
investigation revealed that they had gotten the firearms by trading 
narcotics for them in Bangor, ME. They then distributed these guns to 
other gang members.
  The terrorist attack in San Bernardino, CA, is another tragic example 
of how straw purchasing can lead to horrific crimes. In this case it is 
believed that the individual straw-purchased two assault rifles that 
were later used in the terrorist attack that killed 14 people. He has 
been charged with making a false statement in relation to the purchase 
of those firearms. Our bill, the Stop Illegal Trafficking in Firearms 
Act could have allowed law enforcement officials to charge this 
individual with straw purchasing and the trafficking of firearms rather 
than just a paperwork violation.
  Our bill also strengthens existing laws that prohibit gun smuggling. 
Right now it is illegal for someone to smuggle a firearm into the 
United States with the intent to engage in drug trafficking or violent 
crime.
  To combat the drug cartels operating across our southern border, we 
must also prohibit firearms from being trafficked out of the United 
States for these illegal purchases and purposes. In doing so, our bill 
would provide an important tool to combatting the trafficking 
organizations that are exporting firearms and ammunition from the 
United States and into Mexico, where they are used by drug cartels that 
are fueling the heroin crisis here at home.
  According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
out of the nearly 105,000 firearms recovered in Mexico in the last 5 
years, more than 73,000 were sourced to the United States. Similarly, a 
large percentage of guns used in crimes in our largest cities were 
trafficked across State lines.
  Let me emphasize that our bill protects the Second Amendment rights 
of law-abiding citizens. It protects legitimate, private gun sales and 
is drafted to avoid sweeping in innocent transactions and placing 
unnecessary burdens on lawful, private sales. It expressly exempts 
certain transactions that are allowed under current law, such as gifts, 
raffles or auctions. There is absolutely nothing in our bill that 
would, for example, prohibit a father from giving a hunting rifle to 
his daughter as a gift. Furthermore, our bill expressly prohibits the 
act from being used to establish a Federal firearms registry, which I 
strongly oppose.
  This Stop Illegal Trafficking in Firearms Act takes guns out of the 
hands of criminals without infringing upon the constitutional rights of 
law-abiding citizens.
  We have had many discussions in this Chamber, in our caucuses, and in 
our

[[Page S879]]

committees about the heroin crisis that is gripping far too many 
families and communities in States across the Nation, including the 
State of Maine.
  We need to take a comprehensive approach that includes strengthening 
law enforcement, providing treatment, and increasing education and 
prevention efforts. This bill is one piece of the law enforcement 
puzzle as we seek to combat this terrible epidemic that is ruining so 
many lives.
  I urge our colleagues to join Senator Leahy and me in supporting our 
legislation.
                                 ______