BREAKING: Senators Reach Deal on Gun Trafficking, Straw Purchases

That'll learn 'em! (courtesy m3.wordpress.com)

“A bipartisan group of senators has reached a deal on legislation that would for the first time create specific federal prohibitions on gun trafficking and the straw purchasing of firearms,” the AP reports. “Senate Judiciary Committee Chairman Patrick Leahy says the bill would establish tough penalties for those who buy a firearm or ammunition with the intent of transferring it to someone else. The measure also would make it a crime to smuggle firearms out of the United States.” Wait. What? So the tactics used for the ATF’s Fast and Furious “Guns for Goons” program are now illegal? Wow. “The bill was crafted by Leahy, two other Democrats and two Republicans and will be part of a package of four gun control measures that will be considered Thursday by the Judiciary Committee.” By which time we should have the text. Watch this space . . .

comments

  1. avatar Joe says:

    So I can’t buy an AR with the intent of turning a profit when Hillary gets elected?

    1. avatar Mark N. says:

      Only if you intend to transfer it to a prohibited person. Profit is still legal. But if Hillary gets elected, you won’t have an AR to sell…

      1. avatar Henry Bowman says:

        According to the ATF, if you turn a profit, you become an “unlicensed dealer.”

        1. avatar elnonio says:

          It’s a little more complicated than that, actually. Simply making a profit on a sale is not enough.

  2. avatar scottlac says:

    Weapons and ammo are illegal in Mexico? Did anyone tell that to the Mexicans?

    1. avatar Nazgul says:

      Don’t forget about the drugs…

      1. avatar William says:

        Which wasn’t mentioned. That sign made me laugh aloud. When does F&F 2 begin? The entire thing was a cynical ploy to tar and feather the Second Amendment, it’s clear.

        The DOJ, as I understand it, armed the Zetas, many of whom are former Mexican special forces. And no one this side of the border has spent one hour in prison.

        Eric Holder should be doing 30 to life.

  3. avatar Ron Jones says:

    Amazing….. A law for us that we should follow……made by the same government that broke the law…… doing the very thing they just outlawed? Is anyone seeing how retarded things are here? How about we fire the idiots who came up with the plan and start enforcing the laws that are on the books already…… What an idea huh?

    1. avatar Jamie in ND says:

      True that.

    2. avatar RKBA says:

      Yes.

      It’s called a REVOLUTION.

      …and it is loooong overdue.

    3. avatar Mark N. says:

      Do as I say, not as I do. It’s the American way.

      1. avatar Buzzlefutt says:

        It’s the Obama way

    4. avatar William says:

      If you think they’re idiots, you need to rethink your entire way of thinking. These people are cold, heartless, reptilian Machiavellians.

      If you go on accepting their front – that they’re idiots – THEY WILL BEAT YOU. Because they’re much smarter than you are, and they’ve proved it.

  4. avatar Randy Drescher says:

    I’m glad to see the straw purchaser loophole closed. Now we just gotta close the premeditated murder loophole, we’ll get this yet, Randy

  5. avatar AM says:

    Fathers buying a gun for their son anyone?

    1. avatar C says:

      My thoughts exactly.

      1. avatar Human Being says:

        Bingo.

  6. avatar CCDWGuy says:

    According to Gun Owners of America this legislation S. 54 is a whole lot worse than it appears on the surface. I have not read the actual bill but here is a link to the GOA site and their take.

    http://gunowners.org/alert03042013.htm

    1. avatar TX Gun Gal says:

      Per gunowners.0rg http://gunowners.org/alert03042013.htm
      “at its core, S. 54 would make it a federal crime to violate virtually any state gun law”.
      Total over reach, likely violation of State Rights, even Democrats (not so called Progressive Liberals) could stomach voting for something so anti-2nd amendment. But go ahead and try, watch conservatives take the senate midterm elections.

    2. avatar William says:

      Yet many here reject the GOA, and accept the NRA the way young female hitchhikers accepted Ted Bundy. What a shame.

  7. avatar Anmut says:

    I thought straw purchases were already illegal for everyone with but the ATF.

    Anyway – so if my bullsh*t sensor is correct, and with politicians you can smell them from two counties over, this sounds like a door opening to more registration. Namely I’m going to guess that we’re going to see them try tor regulate ammo further.

    Of course, there’s no ammo to currently regulate… but they’ll try!

    1. avatar Elliotte says:

      Yeah, I’m pretty sure it’s a felony with a max sentence of 10 years in jail and up to a $250,000 fine, at least that’s what it implies on the 4473

  8. avatar scottlac says:

    So, Christmas won’t be a big gun buying season this year? That’s one way to strangle the “gun culture” out of existence. No more very special gifts for the ones you really love.

    1. avatar William says:

      Osvaldo, on a street corner across town from you, has quite a nice selection, you know.

  9. avatar C says:

    “tough penalties for those who buy a firearm or ammunition with the intent of transferring it to someone else.” hopefully “someone else” is someone who would have failed an NICS anyway and that part wasn’t included in the write up, but somehow i doubt it.

    1. avatar Mark N. says:

      yes, the bill is for transfers to prohibited persons–but the pea under the mattress is the massive expansion of the definition of “prohibited person”

      1. avatar David W. says:

        Hmmm… From what I understand, all of this is already codified and lawified and illegalfied. It’s just grand standing.

        When you buy a gun as a gift you are not buying a gun for someone else.

        You are buying a gun for YOURSELF to give as a GIFT.

        Versus you are buying a gun for someone ELSE.

        Like on the 4473 you have to fill out something along the lines of “You hereby swear you are not buying this gun for someone else” so obviously gifts do not fall under that question.

        This is basically making something illegaller rather than making something illegal.

  10. avatar Casey T says:

    So would it make it a crime to take a gun out of country to go hunting? If so, way to screw a lot of hunters.

  11. avatar Pulatso says:

    Makes me wonder about inheritance…not to be morbid, but there’s a few firearms I’m expecting at some point in the future.

    1. avatar scottlac says:

      There are some that my kids are expecting too. So I suppose Uncle Sam gets to confiscate them from my cold dead hands after all?

  12. avatar Sam says:

    Correct me if I’m wrong but I was under the impression that straw purchasing was the purchase of a firearm for someone who themself was not legally allowed to buy it. Is that not already illegal?

    1. avatar Mark N. says:

      Yes, but it is now going to be a major penalty rather than a paperwork infraction. The prior crime was basically perjury on the 4473, which is hard to prove and rarely prosecuted. If this passes, the penalty will be up to ten years in the federal pen.

      1. avatar Mark N. says:

        Per Bloomberg Businessweek:
        Senate Judiciary Committee Chairman Patrick Leahy unveiled a revised anti-gun-trafficking measure intended to draw more bipartisan support before his panel considers a series of gun-violence bills March 7.

        The measure combines two proposals intended to crack down on gun trafficking and straw purchases, the practice of buying firearms for another person who is prohibited from from purchasing guns.

        The legislation will be offered as a substitute to a bill introduced by Leahy, a Vermont Democrat, that would penalize those who engage in straw purchases of firearms. Leahy’s bill would be combined with a proposal by New York Democrat Kirsten Gillibrand and Illinois Republican Mark Kirk that would provide penalties for those who sell to straw purchasers.

        “Currently, there is no federal law that defines either gun trafficking or straw purchasing as crimes,” Leahy said today in a statement. Leahy said the bill was drawing support from other senators, including Republican Susan Collins of Maine and Democrat Richard Blumenthal of Connecticut.

        The bill would establish penalties of up to 20 years in prison for those who engage in straw purchases.

        1. avatar GoldiGlocks says:

          “provide penalties for those who sell to straw purchasers”

          I have not read the bill. Based on the plain language meaning of the above quote it would seem to me that they intend to target the FFL dealers that sell to straw buyers.

          It would also seem to me that the ATF would then prosecute cases that hinge on entrapment as the primary method of investigation. The tactic has worked quite well for the FBI in many recent domestic terrorism cases.

      2. avatar William says:

        Which are chock full of non-violent drug “offenders”, and they are anticipating your arrival. They haven’t had an intelligent person to talk to in some time.

        To make way for you, they’ll release a murderer or kidnapper. Maybe a professional arsonist.

        They aren’t stupid, people! They WANT to fill society with violent, unpredictable people, so you will beg for more restrictions on the few freedoms you have left.

        HOW DIFFICULT IS IT TO GRASP THIS?

  13. avatar Fug says:

    It sounds like it could be a sensible piece of legislation. I’m sure international hunters and gifts of firearms would be covered, if they are not it is only out of ignorance.

    Straw purchasing is how gang bangers get guns, there should be a generous federal bounty on anyone who provides some dope slinging, prohibited gang member with a firearm.

    Of course, that would mean that the government was actually serious about ending urban gun violence… and they are not.

    1. avatar Ben says:

      That’s how they trick you. You can never trust the titles of bills like this. The text of the bill is always, always more serious than the title implies. That’s how legislation like this gets passed, name it something that seems sensible, but in the text of it do whatever you want.

      Not to mention, the crimes mentioned here are already crimes. It is already a crime to buy a firearm with the intent of transferring it to someone who is on the no-buy list.

      There is no reason to create new legislation on this issue. That’s what gets me worried. Because the criminal elements are covered by straw purchase laws on the books already, the extension of such laws can only lead to them covering (disarming) law-abiding citizens.

      However, we can’t judge it before we get the text of it. Of course, at that point, if necessary, let the dogs of war run free.

    2. avatar William says:

      “This ONE thing is all the concession we WANT from you! RELAX!! WE COOL!!!!”

  14. avatar S.CROCK says:

    the sooner they make drugs illegal in Mexico the better. if only they had a sign saying drugs were illegal they boom no more drug trafficking.

    1. avatar William says:

      Actually, many soft drugs are semi-decriminalized in Mexico. Don’t touch the heroin traffic, though. The Mexican drug laws are more relaxed than in the States. Look it up.

  15. avatar Nate says:

    So, if my friend who works for Smith and Wesson buys a gun with the intent to sell it to me, a legal citizen with a license, that’s a straw purchase per this new legislation? Or will it still only be a crime to transfer to prohibited people?

    1. avatar Mark N. says:

      The latter. Any other reading would bar all gun transfers, and I can’t see a single Republican signing up for that…

  16. avatar Mark N. says:

    This link has Leahy’s statement today about this particular bill, which I believe is a different bill than the one reviewed by the GOA. http://beforeitsnews.com/politics/2013/03/combat-gun-trafficking-deal-reached-by-senators-prohibits-trafficking-and-straw-purchases-of-firearms-and-ammunition-2498854.html

  17. avatar JSIII says:

    Transferring ammo? I guess gone will be the days where I ask my wife to pick me up some ammo @ Walmart, or I pick her up some gold dot’s for her shield…

    1. avatar Thomas Paine says:

      Walmart sells ammo? didn’t look like it last time i was there.

      1. avatar David W. says:

        Varies on different locales. If you live in hippie fun zone full of peace, love, and syphilis then they probably won’t sell ammo.

        1. avatar William says:

          Can you direct me to such a place, please? I haven’t seen one since 1968.

          You must get around more than I do. I’m eagerly awaiting your directions.

  18. avatar kalel666 says:

    Apparently “lawmakers” are completely ignorant of current law.
    18 USC 922(d)(1)-(9) makes it a crime to transfer to a prohibited person.
    18 USC 924(a)(2) specifies fine and up to 10 years in prison for doing so.

    http://www.law.cornell.edu/uscode/text/18/922
    http://www.law.cornell.edu/uscode/text/18/924

  19. avatar Shawn says:

    One should not be buying a gun for someone who is not legally allowed to own it. Simple as that. That is just plain stupid.

    1. avatar Henry Bowman says:

      Yeah, because when the law said it was illegal for “coloreds” to own guns, it would have been immoral to help a black friend obtain a tool for self-defense. After all, the law is the law and thou shalt not break the sacred law.

      1. avatar William says:

        You hit the mark! Gun control laws were ALL about “guns for decent white folk; NO GUNS FOR NIGGERS.”

  20. avatar JustAJ says:

    “Senate Judiciary Committee Chairman Patrick Leahy says the bill would establish tough penalties for those who buy a firearm or ammunition with the intent of transferring it to someone else. ”

    OK, say I get a smoking deal on ammo. According to this law, I can’t then sell some of it to my brother, who is always willing to buy if the price is good? Good police work there Lou!

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