Gun Control & RKBA
Related: About this forumGun Trafficking Prevention Act of 2015
This legislation was first introduced in 2013 and was cosponsored by 118 Members of the House from both political parties. It also passed as an amendment out of the Senate Judiciary Committee, but was not enacted into law. Specifically, the legislation:
- Prohibits Firearms Trafficking: The bill prohibits the purchase or transfer of a firearm if the intent is to deliver it to someone else who is prohibited by Federal or State law from possessing one.
- Strengthens Penalties for Straw Purchasers: The bill strengthens penalties to up to 20 years imprisonment for straw purchasers who intentionally provide false or misleading material information when they purchase firearms from Federal Firearms Licensees.
- Enhances Penalties for Kingpins and Multiple Illegal Purchases: The bill provides enhanced penalties for organizers or managers of firearms trafficking networks and recommends that the Sentencing Commission increase penalties for multiple illegal gun purchases.
https://maloney.house.gov/media-center/press-releases/members-introduce-bipartisan-house-bill-to-combat-gun-trafficking
Nuclear Unicorn
(19,497 posts)Apart from that, I'm OK with strong penalties for straw purchasers. Now the question is: Will the Controller lose their minds, as they tend to do, and tack-on a bunch of amendments that will kill any chance of passage?
discntnt_irny_srcsm
(18,565 posts)Nuclear Unicorn
(19,497 posts)discntnt_irny_srcsm
(18,565 posts)Straw Man
(6,760 posts)But isn't the first bullet point simply the definition of straw purchase, which is already illegal?
Nuclear Unicorn
(19,497 posts)(See what I did there?)
Straw Man
(6,760 posts)oneshooter
(8,614 posts)branford
(4,462 posts)although much of what's indicated in the article is already criminal under both federal and most state laws.
Given that some of the primary sponsors and supporters are well-known strict gun control like Representatives like Carolyn Maloney and Elijah Cummings, I'm immediately suspicious about the content of the actual proposed legislation. As an attorney, I'm also quite well aware that the content of a proposed law often goes well beyond the general, feel-good language of press releases and purported summaries. In fact, the OP's link, as well as internal links, conspicuously fail to direct the reader to the actual text of the legislation. Other referenced links are misleading. For instance, an earlier linked press release discusses the NRA's objections to straw purchases in the context of the bill, wrongly implying that they support the this particular legislation.
A quick Google search also revealed how some of the sponsors of these types of bills are their own worst enemies and destroyed any trust needed for comprise on firearms-related legislation:
http://www.outdoorlife.com/blogs/gun-shots/gun-stories-week-2015-summer-firearm-sales-smash-previous-records
http://townhall.com/tipsheet/katiepavlich/2015/09/10/feds-fail-to-enforce-gun-trafficking-laws-congress-introduces-new-legislation-anyway-n2049834
gejohnston
(17,502 posts)My understanding is that any violation of the Gun Control Act can get you up to ten years, yet straw purchasers usually get probation with no time served. I remember reading about a guy that used fake ID and sold several on thugs and got probation.
Personally, I would like to see straw purchasers be charged with accessory or conspiracy for any crime committed with said firearm.
branford
(4,462 posts)that carries a much lower sentence.
The federal sentencing guidelines are also generally "advisory," although I doubt they're the issue with low sentences for straw purchasers. I would imagine it's a matter of various U.S. Attorneys not wanting to expend time and resources for what amount to small, sometimes difficult to prove cases that will garner little press or notoriety.