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Kirsten Gillibrand introduces Gun Trafficking Prevention Act

The State Column | Tuesday, December 06, 2011

Sen. Kirsten Gillibrand (D-NY.) announced the introduction of a new bill to combat the purchase and sale of illegal firearms in New York City Monday.

The New York Democrat’s proposed legislation would authorize the U.S. Attorney General to revoke licenses for any gun dealer who is found to be corrupt.

Ms. Gillibrand’s announcement occurred following New York Attorney General Eric Schneiderman’s completion of an investigation that lead to the prosecution of 10 New York gun dealers for committing illegal gun sales. She calls it the “Gun Trafficking Prevention Act of 2011.”

Mr. Schneiderman lead an undercover investigation of gun shows throughout the state of New York, where officers consistently found vendors disregarding the National Instant Criminal Background check required of any prospective gun buyer in all 52 states.

“The Attorney General’s critical investigation shows just how easy it is for guns to end up in the hands of dangerous people,” Ms. Gillibrand said Monday in a statement posted to her website.

“By cracking down on gun dealers who blatantly disobey the law as well as illegal gun traffickers and their vast criminal networks, we can reduce gun violence and keep our families and neighborhoods safe,” the New York senator added.

The act would also make it illegal to deliver or receive two or more firearms if the individual has reason to believe that the gun would be used to commit a felony. This would target those purchasers who purchase firearms for another individual in an attempt to escape the recordkeeping and background checks required of the purchase.

Additionally, the bill would allow the ATF to hire additional personnel in an effort to conduct more frequent inspections of federally licensed gun dealers. Currently, the ATF only has enough to staff that would allow them to properly inspect licensed dealers every seven to ten years.

“Our investigation confirmed what too many already know in America, guns are freely available to all, regardless of criminal history or other prohibitive factors,” Mr. Schneiderman said appearing at a press conference with Ms. Gillibrand Sunday.

The Attorney General also spoke of a “gun show loophole,” where current federal laws do not hold gun show operators responsible for individual gun dealers who illegally sell firearms without conducting background checks at their shows.

Ms. Gillibrand’s legislation would hold the gun show operators liable for the purchase and sale of all guns at their shows.

“I support Senator Gillibrand’s proposal to stiffen penalties against those who ignore the rule of law, to protect our communities and provide law enforcement officials with the tools they need to bring criminals to justice,” Mr. Schneiderman added.

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