Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Ms. COLLINS. Mr. President, I am very pleased to join my colleague from New England, Senator Leahy, in introducing our bill, the Stop Illegal Trafficking in Firearms Act. Our bill would strengthen Federal law to make it easier for prosecutors to effectively go after gun traffickers while protecting fully the rights of the vast majority of gun owners who are law-abiding.

The practice of straw purchasing is intended to achieve one result, and that is to put a gun in the hands of criminals. Today traffickers target individuals who can lawfully purchase firearms and then use those weapons to commit crimes. They exploit weaknesses in Federal law that make prosecuting straw purchasers difficult and punishment for such a crime generally minimal.

The guns we are targeting in our bill are frequently sold and resold and trafficked across State lines, resulting in the proliferation of illegal firearms in our communities. This practice has fueled the violence across our southern border associated with the Mexican drug cartels; it has spurred gun violence in our cities; and it has contributed to the heroin crisis that is so devastating to our families and is undermining public safety in our communities.

Current Federal law makes preventing and prosecuting these offenses very difficult for law enforcement. Right now, a straw purchaser can only be prosecuted for lying on a Federal form. Essentially, that is treated as if it were a paperwork violation. Our bill would create new, specific criminal offenses for straw purchasing and trafficking in firearms. Instead of a slap on the wrist, these crimes would be punishable for up to 15 years in prison for those who knowingly purchase a firearm for a prohibited person or had reason to believe they would use the firearm in a prohibited way. For those straw purchasers who know or have reasonable cause to believe that the firearm would be used to commit a crime of violence, that crime will be punishable for up to 25 years in prison.

It is not surprising that so many law enforcement groups have endorsed our commonsense proposal. It would provide them with an effective tool to fight the violence that too often goes hand in hand with drug trafficking. Straw purchasing and the trafficking of firearms puts guns directly into the hands of drug dealers and violent criminals who smuggle heroin into my State and so many other States. The heroin flooding our communities is reaching crisis proportions. In 2014, there were a record 208 overdose deaths in the State of Maine, including 57 caused by heroin, and the problem is only getting worse.

The problem of straw purchasing and drug and gun trafficking is directly linked to the heroin crisis. Law enforcement officers tell me they have seen a major influx of drug dealers coming from out of State, straight up I-95's ``iron pipeline'' and other interstate highways with direct ties to gangs in major cities and ready to sell or trade prescription opiates and heroin for guns.

Oftentimes drug dealers and gang members follow a similar pattern. They seek out and target addicts and they trade or sell them heroin for guns. These gang members with criminal records cross into Maine and approach these drug addicts to be their straw buyers because these addicts usually have clean records, so they can legally purchase the firearms these criminals are seeking. The addict exchanges the gun for heroin to support his or her drug dependency, and that cycle is repeated time and again. Those guns might be used in out-of-State crimes or resold at a profit.

Recently, I received a truly shocking briefing from Federal law enforcement officials about the cases in Maine that fit this pattern. Let me tell you about one. Gang members trafficked in crack cocaine and heroin between New Haven, CT, and Bangor, ME, where I live. They were later charged with acts of violence, including assault, armed robberies, attempted murder, and murder. Law enforcement's investigation revealed that they had gotten the firearms by trading narcotics for them in Bangor, ME. They then distributed these guns to other gang members.

The terrorist attack in San Bernardino, CA, is another tragic example of how straw purchasing can lead to horrific crimes. In this case it is believed that the individual straw-purchased two assault rifles that were later used in the terrorist attack that killed 14 people. He has been charged with making a false statement in relation to the purchase of those firearms. Our bill, the Stop Illegal Trafficking in Firearms Act could have allowed law enforcement officials to charge this individual with straw purchasing and the trafficking of firearms rather than just a paperwork violation.

Our bill also strengthens existing laws that prohibit gun smuggling. Right now it is illegal for someone to smuggle a firearm into the United States with the intent to engage in drug trafficking or violent crime.

To combat the drug cartels operating across our southern border, we must also prohibit firearms from being trafficked out of the United States for these illegal purchases and purposes. In doing so, our bill would provide an important tool to combatting the trafficking organizations that are exporting firearms and ammunition from the United States and into Mexico, where they are used by drug cartels that are fueling the heroin crisis here at home.

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, out of the nearly 105,000 firearms recovered in Mexico in the last 5 years, more than 73,000 were sourced to the United States. Similarly, a large percentage of guns used in crimes in our largest cities were trafficked across State lines.

Let me emphasize that our bill protects the Second Amendment rights of law-abiding citizens. It protects legitimate, private gun sales and is drafted to avoid sweeping in innocent transactions and placing unnecessary burdens on lawful, private sales. It expressly exempts certain transactions that are allowed under current law, such as gifts, raffles or auctions. There is absolutely nothing in our bill that would, for example, prohibit a father from giving a hunting rifle to his daughter as a gift. Furthermore, our bill expressly prohibits the act from being used to establish a Federal firearms registry, which I strongly oppose.

This Stop Illegal Trafficking in Firearms Act takes guns out of the hands of criminals without infringing upon the constitutional rights of law-abiding citizens.

We have had many discussions in this Chamber, in our caucuses, and in our committees about the heroin crisis that is gripping far too many families and communities in States across the Nation, including the State of Maine.

We need to take a comprehensive approach that includes strengthening law enforcement, providing treatment, and increasing education and prevention efforts. This bill is one piece of the law enforcement puzzle as we seek to combat this terrible epidemic that is ruining so many lives.

I urge our colleagues to join Senator Leahy and me in supporting our legislation.

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