Stop Illegal Trafficking in Firearms Act

Floor Speech

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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.

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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