The Kirk-Gillibrand Gun Trafficking Prevention Act of 2013 will provide tools to law enforcement to get a illegal guns off the streets and away from criminal networks and street gangs. This gun legislation, for the first time make gun trafficking, a federal crime; there is no federal law on the books now that defines gun trafficking as a crime.
The bill will put into place harsh penalties, that include a maximum prison penalty of 20 years. This penalty will be increased by five years for the organizer of a trafficking ring and conspiratorial will face a maximum penalty of 20 years. The legislation also called upon the Sentencing Commission to substantially increase the penalties for trafficking when committed by or in concert with members of gangs, cartels, organized crime rings or other criminal enterprises.
Senator Kirk stated, “Last summer, gang violence killed 500 men, women and children in Chicago. We must put a stop to this cycle, which is why I have joined with Senator Gillibrand to take serious action to prevent straw purchases and ensure that law enforcement has the tools it needs to crack down on illegal weapons trafficking."
If passed as is, this new law will also make it illegal to:
- Sell or otherwise transfer 2 or more firearms to someone whom the seller knows, or has reasonable cause to know, is prohibited by Federal, State or local laws from owning a firearm (e.g. felon, convicted domestic abuser).
- Purchase or otherwise acquire 2 or more firearms if the recipient knows, or has reasonable cause to believe, that such receipt would be in violation of any Federal, State, or local law (e.g. if the recipient is a prohibited owner).
- Provide false information on a Bureau of Alcohol, Tobacco, Firearms, and Explosives firearms transaction record form (e.g. straw purchasing).
- Knowingly facilitate the above actions.
- Exceptions are made for gifts and inheritances, so long as the giver and recipient are not prohibited by federal, state or local law from owning a firearm.