Federal Measure to Crackdown on Illegal Guns

This is a discussion on Federal Measure to Crackdown on Illegal Guns within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Joined by some of the nation’s top anti-crime leaders, Representative Carolyn McCarthy and U.S. Senator Kirsten Gillibrand announced a new measure authored by McCarthy and ...

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Thread: Federal Measure to Crackdown on Illegal Guns

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    Senior Member Array mrreynolds's Avatar
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    Federal Measure to Crackdown on Illegal Guns

    Joined by some of the nation’s top anti-crime leaders, Representative Carolyn McCarthy and U.S. Senator Kirsten Gillibrand announced a new measure authored by McCarthy and Gillibrand aimed at eliminating the steady flow of illegal guns into New York. Nearly 90 percent of the guns used in gun crimes in New York City come from out of state, and 90 percent of these guns are illegal. Standing alongside Mayor Michael Bloomberg, Police Commissioner Ray Kelly, representatives from the Brady Campaign and New Yorkers Against Gun Violence, and the parents of victims who lost their lives from gun violence, Senator Gillibrand and Representative McCarthy unveiled the Gun Trafficking Prevention Act of 2009, which will empower local, state, and federal law enforcement to investigate and prosecute gun traffickers and their entire criminal networks, while protecting responsible, law-abiding gun owners.

    “We need to move past the old ideological battles and start having an honest debate about the gun violence that holds too many communities hostage,” said Senator Gillibrand. “By cracking down on illegal gun traffickers and their vast criminal networks, we can reduce gun violence and protect the rights of responsible, law-abiding gun owners. As a mother of two young children, I have always cared deeply about keeping our families and neighborhoods safe and giving law enforcement the tools they need to eliminate illegal guns from the street and keep guns out of the hands of dangerous people. Congresswoman McCarthy has been the single leading force in Congress working to eliminate gun violence and I am pleased she has helped in writing this legislation.”

    “Since I have come to Congress, reducing gun violence has been my top priority,” said Congresswoman Carolyn McCarthy. “By reducing the amount of guns that are trafficked, both into New York and across the southern border into Mexico, this bill will go a long way to not only making our neighborhoods safer but will also improve our homeland security. I was pleased to work with Senator Gillibrand on this legislation and look forward to working with her on the bill’s passage in the House and Senate. “

    The Gun Trafficking Prevention Act will:

    Focus on Entire Criminal Network

    First, the Gun Trafficking Prevention Act makes it illegal to traffic or assist in the trafficking of a firearm, making it unlawful to deliver or receive two or more firearms where the individual knows or has reason to believe that the firearms are being, or will be, used in a felony. By going after straw-purchasers who buy a gun for someone else to help them evade required recordkeeping and background checks, corrupt gun dealers who sell firearms to traffickers, and persons who conspire with and organize gun trafficking rings, this legislation addresses firearms trafficking at every point of the chain.

    Tough Penalties for Criminals

    Second, the legislation establishes stiff penalties that are a much-needed deterrent to gun trafficking. Under this bill, traffickers could face up to twenty years in prison and be fined a significant sum of money. It also provides greater penalties for kingpins who organize gun trafficking rings, subjecting them to an additional sentence of potentially five consecutive years in prison.

    The bill also treats individuals engaged in a conspiracy to traffic guns the same as those who actually traffick a gun. Individuals who engage in the conspiracy, such as straw-purchasers, are subject to the same punishment as those who physically sell and receive the illegal guns.

    By creating more options and providing flexibility for prosecutors and judges, we increase the tools that are available for prosecutors in the federal criminal justice system to appropriately crack down on individuals who are engaged in every aspect of gun trafficking.

    Crackdown on Corrupt Gun Dealers

    Third, the Attorney General of the United States and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are empowered to impose heightened restrictions, levy tough financial penalties, and suspend or revoke the license of any corrupt gun dealer who knowingly sells to traffickers or straw purchasers. Corrupt gun dealers will be subject to a license suspension of up to six months and a fine of up to $2,500 per violation. This is the first time that the levying of civil penalties will be widely available as a deterrent for corrupt gun dealers.

    The Attorney General is given the authority to identify and impose special restrictions on high-risk gun dealers, which could include dealers who have been unable to trace guns as required by federal law or who report significant or frequent inventory losses or thefts, among other criteria.

    To prevent these high-risk dealers from supplying guns to traffickers or straw-purchasers, federal law enforcement would be able to impose conditions on them such as increased inspections, inventory checks and reconciliation, training dealers and employees in how to avoid illegal sales, and requiring that the dealer not complete firearm sales until the national instant background check system informs the dealer that they may proceed with the sale.

    The overwhelming majority of licensed gun dealers are responsible and law abiding. This bill goes after the very small minority of dealers who are contributing to the cycle of violence that put our children and families at risk. In fact, nearly sixty percent of crime guns come from about one percent of federally licensed gun dealers.

    For those dealers that are suspected of corrupt practices, the legislation protects the right of due process before their licenses are revoked by the Attorney General, and also allows for gun dealers whose licenses have been revoked to seek judicial review. By putting reasonable punishments in place, this legislation would put corrupt gun dealers out of business, create deterrents to engaging in these behaviors and keep our neighborhoods safe from gun violence.

    Funding for ATF

    The fourth part of the bill provides ATF with the resources that it desperately needs to inspect all federally licensed gun dealers and further investigate high-risk gun dealers.

    Federal law currently allows ATF to conduct annual inspections of all federally licensed dealers, but with the current lack of resources and funding it would take the bureau between seven and ten years to properly inspect every licensed dealer in the country. This allows corrupt dealers to go for many years without being suspected or caught.

    To address this problem, the bill would authorize the Director of ATF to hire more personnel necessary to increase the average inspection rate of gun dealers to three years. Specifically, ATF would be given the authority to hire at least 500 additional Industry Operations Investigators and would be equipped with sufficient funding to meet the goals of inspecting gun dealers, enforcing these tough new restrictions, and supporting local law enforcement as they track down and prosecute gun traffickers in New York and around the country.

    Protections for Responsible, Law-Abiding Gun Owners

    Finally, the legislation upholds the Constitution and protects the rights of law-abiding gun owners who get a background check before selling or purchasing a gun. Specifically, the bill provides a defense for an individual seller who obtains a background check on the person to whom he or she is selling prior to the sale. This serves to protect individual gun owners who make a good faith effort to ensure that they are not selling their firearm or firearms collection to a person who is prohibited from possessing those guns. This bill does not provide any new regulations on individuals who wish to sell or give their firearms as a gift to law-abiding family members, friends, or neighbors. But it creates an incentive to conduct a background check before the gun is exchanged. It also exempts executors from prosecution under this legislation if they are carrying out the provisions of a will.

    Rep. McCarthy and Senator Gillibrand Announce Federal Measure to Crackdown on Illegal Guns

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  3. #2
    VIP Member Array Stevew's Avatar
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    What about mandatory stiffer penalties for the criminals buying and using the gun.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

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    Just another smokescreen.
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    VIP Member Array ccw9mm's Avatar
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    The bill also treats individuals engaged in a conspiracy to traffic guns the same as those who actually traffick a gun.
    Seems to me that without paperwork a person may find it terribly difficult to thwart claims of "trafficking" that are leveled against a normal, upstanding citizen who otherwise simply sells a firearm in a face-to-face transaction. If such charges were leveled, how would a person withstand the charges and show they were false?
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    Senior Member Array Rob P.'s Avatar
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    Quote Originally Posted by HotGuns View Post
    Just another smokescreen.
    Amen.

    I find it interesting that this law designed to protect NYC from "illegal guns" also has repercussions on the other side of the country at the Mexico border. I find no connection between guns going into NYC and guns going into Mexico.

    And, we all know that Bloomberg is so hot about "illegal guns" that he sponsors private individuals to break the law by buying them out of state thereby creating the very situation he tries to prevent. A self-fulfilling prophecy. Rather than just warning him to cease & desist, Virginia should have hauled his sorry butt into court in chains and prosecuted him.

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    VIP Member Array obxned's Avatar
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    More BS - it isn't about crime, it's all about disarming America. If it was about gun crime, why are stiff penelties and no parole semtemces not mentioned?
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

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    Any type of so-called anti-crime legislation from the likes of mccarthy, gillibrand, fienstein, boxer and others of their ilk always make me suspicious.
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    Carolyn McCarthy is famous for co sponsoring a bill that made the ownership of "assault weapons" more difficult to own.

    When questioned about it, she couldnt even descibe what some of the terminology meant and she proved herself to be a fool when speaking about it.

    To her feeble mind, "gun trafficing" is any gun that is bought or sold in NY.

    Make no mistake. She is an avowed enemy of any American citizen that owns guns. Read that last paragraph again.
    It is so vague that legally it is worthless and so open to interpretation that it will be abused by those that hate guns.
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    Ex Member Array Ram Rod's Avatar
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    If they are unsuccessful at one thing, they generally try something else. The federal government's crackdown on illegal immigration and illegal drug trafficking has been soooo successful it's almost hard to believe they'd want to throw another iron in the fire. Then again, some politicians are at their best just stirring the pot. Broth, soup, or stew?

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    Do you want to see how stupid Carolyn McCarthy really is?
    This is the woman who would take your gun away if it had one of those dangerous 'shrouds' on it.
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    Senior Member Array Herknav's Avatar
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    Senator Gillibrand--your NRA at work.
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    Senior Member Array CEW58's Avatar
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    Correct me if I'm wrong, but aren't there already laws on the books that cover illegal gun sales? This bill sounds more like it's encouraging the BATF into harassing gun dealers right out of business.
    The difference between stupidity and genius is that genius has its limits. ~ Albert Einstein

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    Quote Originally Posted by Herknav View Post
    Senator Gillibrand--your NRA at work.
    I wouldn't blame the NRA. NY voters elected her. The NRA just gave her a rating based on her past record. She's done a 180 degree turn around since going to the senate.

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    Member Array sharpetop's Avatar
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    Quote Originally Posted by CEW58 View Post
    Correct me if I'm wrong, but aren't there already laws on the books that cover illegal gun sales? This bill sounds more like it's encouraging the BATF into harassing gun dealers right out of business.
    That's what I thought!

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    VIP Member Array Sig 210's Avatar
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    What about mandatory stiffer penalties for the criminals buying and using the gun.

    Convicted felons vote in at least 39 states.

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