[Congressional Record Volume 167, Number 55 (Wednesday, March 24, 2021)]
[Senate]
[Pages S1763-S1764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOP ILLEGAL TRAFFICKING IN FIREARMS ACT
Ms. COLLINS. Mr. President, earlier this week, I joined Senator Leahy
in introducing the Stop Illegal Trafficking in Firearms Act. Our bill
would strengthen Federal law by making it easier for prosecutors to go
after gun traffickers and straw purchasers, those individuals without
criminal records who buy firearms for other people so they can bypass
the Federal background checks law. Our bill would also fully protect
the rights of the vast majority of gun owners who are law-abiding
citizens.
Straw purchasing is intended to achieve one result: to put a gun in
the hands of a criminal who cannot legally obtain one. Today,
traffickers, in particular, exploit weaknesses in Federal law by
targeting people who can lawfully purchase guns. Then, those
traffickers use those guns to commit crimes or sell them to other
criminals. They often ship them across State lines, straight up I-95's
``Iron Pipeline'' and other interstate highways. They frequently
connect with criminal gangs that are ready to sell or trade those guns
for prescription opioids, heroin, and fentanyl, and commit other
crimes.
Yet right now, a straw purchaser can be prosecuted only for lying on
a Federal form, a paperwork violation. Our bill would create new
criminal offenses for straw purchasing, which would help law
enforcement officials take down these criminal enterprises.
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The heroin and fentanyl epidemic is taking a devastating toll on all
of our communities. Police officers in Maine tell me about the familiar
patterns they see: Drug dealers and gang members, often from out-of-
State and with criminal records, cross into Maine and approach drug
addicts to be their straw buyers, people with clean records who may
legally purchase firearms. They target addicts, who exchange guns for
heroin to support their drug dependencies, and the cycle repeats time
and again.
I received a briefing from Federal law enforcement officials about a
case in Maine fitting this exact pattern. Gang members trafficked crack
cocaine and heroin between New Haven, CT, and Bangor, ME, and committed
acts of violence including assaults, armed robberies, attempted murder,
and murder. They traded narcotics for firearms and then distributed
those firearms to other gang members. This is exactly the criminal
activity our bill aims to prevent. And our bill would complement
existing laws that target criminals who are profiting off of firearm
and drug trafficking.
It is very difficult to prevent and prosecute straw purchasing
offenses under current Federal law. As I stated, right now, a straw
purchaser can be prosecuted only for lying on a Federal form, which
amounts to a paperwork violation.
The Stop Illegal Trafficking in Firearms Act 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 by up to 15 years in prison. For those straw purchasers who
know or have reasonable cause to believe that the firearm they are
acquiring will be used to commit a crime of violence, that crime would
be punishable by up to 25 years in prison.
Our bill would also strengthen 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, however, we must also prohibit firearms and ammunition from
being trafficked out of the United States for these illegal purposes.
In doing so, our bill would provide an important tool to combat
trafficking organizations that are exporting firearms and ammunition
from the United States and into Mexico where they are used by drug
cartels that are in turn fueling the heroin crisis here at home.
I also want to emphasize that our bill protects the Second Amendment
right 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, and auctions. Furthermore, the bill expressly prohibits any
authority provided by this act from being used to establish a Federal
firearms registry.
The Stop Illegal Trafficking and Firearms Act will help keep guns out
of the hands of criminals without infringing upon the constitutional
rights of law-abiding citizens. I urge my colleagues to support this
legislation.
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