It’s currently a crime to lie about the identity of a buyer when filling out forms about a gun purchase, but the act itself of giving the guns to crooks is not, the lawmakers argued.
“The absence of any federal law defining gun trafficking as a crime in this country is shocking,” Gillibrand in a statement Monday.
18 USC 922(d)(1)-(9):
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; [continuing list of Prohibited Persons snipped]
The thing is, that’s not their game. They don’t want to stop people from making straw purchases for criminals and other Prohibited Persons. They want to make any “straw” purchase a crime. This is the text of the bill:
‘Sec. 932. Straw purchasing of firearms
‘(a) Any person (other than a licensed importer, licensed manufacturer, or licensed dealer) who knowingly purchases any firearm for, on behalf of, or with intent to transfer it to, any other person, if that firearm has moved in or otherwise affected interstate or foreign commerce, or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 20 years or both. For purposes of this section, the term ‘purchases’ includes the receipt of any firearm from pawn or on consignment by a person who does not own the firearm.
‘(b) Subsection (a) shall not apply to any firearm that is lawfully purchased by a person–
‘(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reason to believe such recipient is prohibited by Federal, State, or local law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or
‘(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reason to believe such recipient is prohibited by Federal, State, or local law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm.
Got that? They want to make it illegal to buy a gun “with intent to transfer it to, any other person”. No time limitations. No “don’t transfer it to Prohibited Persons.” ANY OTHER PERSON. If you buy a gun, and decide to flip it to your cousin in two weeks? Straw Purchase! 20 years! If you buy a gun here and there over a couple of years, and then decide to sell them off to buy a new car? Straw Purchases! 20 years each!
This bill aims to make all guns non-transferable, now and in the future.
This is an intolerable act.