.Supported by Binghamton Mayor Matt Ryan, New York City Mayor Michael Bloomberg, New Yorkers Against Gun Violence, and the Brady Campaign, Senator Gillibrand and Representative McCarthy unveiled the Gun Trafficking Prevention Act of 2009 today, 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.

“By cracking down on illegal gun traffickers and their vast criminal networks, we can reduce gun violence and keep our children and families safe,” said Senator Kirsten Gillibrand. As a mother of two young children, I care 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. “

Binghamton Mayor Matt Ryan said, “If we want to stop gun violence in our communities, we must crack down on illegal guns and gun trafficking. That’s exactly what this legislation will achieve, I applaud Senator Gillibrand for introducing it and I urge our federal leaders to pass it as soon as possible. When it comes to protecting our citizens, we have no time to lose.”

New York City Mayor Michael R. Bloomberg said, “Senator Gillibrand and Congresswoman McCarthy’s legislation will improve our ability to rid our streets of the illegal guns that find their way into the hands of criminals to destroy families and lives. Too often, Congress has tied the hands of law enforcement with legislation like the Tiahrt Amendments, this legislation gives them the tools they need to crack down on illegal guns.”

Jackie Hilly, Executive Director of New Yorkers Against Gun Violence said, “New York residents know all too well the tragic consequences families and children suffer when traffickers continue to sell illegal guns with no serious consequences. This comprehensive legislation is designed to identify and prosecute criminals who profit from the death and destruction they so casually encourage. Law abiding citizens everywhere who value public safety over rhetoric should support this important law.”

Paul Helmke, President of the Brady Campaign to Prevent Gun Violence, stated, "The Brady Campaign appreciates all the work that Senator Gillibrand and Representative McCarthy have done to draft this important legislation. It will give law enforcement the tools it needs to crack down on gun traffickers and the gun dealers who illegally supply them. It will help stop the gun violence plaguing our communities by cutting off the supply of guns that fuel the illegal gun market. After this legislation is introduced, we hope that it will be able to move expeditiously through the legislative process and get signed into law within the next 12 months."

The Gun Trafficking Prevention Act would:

Focus on Entire Criminal Network

First, the Gun Trafficking Prevention Act makes it illegal to traffick 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. Penalties could increase depending on the number of guns trafficked.

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 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. 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, 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 puts our children and families at risk.

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.