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Gun Trafficking Prevention Act of 2009
http://www.wbng.com/news/local/72769077.html
By WBNG News
Story Updated: Nov 24, 2009 at 2:02 PM EST
.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.
-----------------------------------------
Also, in related news:
Mayor, NYPD Commish Join Kings D.A. in Calling for Gun Felony Upgrades
CITY HALL — Monday, Mayor Michael R. Bloomberg, Kings County District Attorney Charles J. Hynes and Police Commissioner Raymond W. Kelly announced the indictment of two individuals charged with running a Florida-to-Brooklyn gun trafficking ring.
The 105-count indictment charges Watson Joachin, 27, and Ryan Woodard, 22, with selling dozens of guns to undercover officers during a three-month investigation. The investigation comes just weeks after the city’s undercover investigation into out-of-state gun shows found dealers repeatedly acting in apparent violation of federal law and selling to undercover investigators posing as criminals.
“The illegal guns confiscated in this investigation were bound for the streets of Brooklyn, to be used in murders, assaults, and armed robberies, but thanks to a concerted effort by my office and the NYPD, these weapons won’t hurt anyone and nor will their dealers,” said District Attorney Hynes.
The indictment includes charges for the sale or possession of 46 guns — including 28 semi-automatic pistols, six revolvers, three assault rifles, four sawed-off shotguns and five rifles — to undercover detectives. On four occasions, detectives purchased a total of 40 guns. A fifth sale was arranged, but instead of carrying it out, officers raided the defendant’s Brooklyn safe house and confiscated six additional guns. Through the investigation, 10 additional guns were taken off the streets.
“The NYPD and Brooklyn District Attorney’s Office have taken guns off our streets and made our city safer,” said Mayor Bloomberg. “These investigations are so important because even though we’ve cut crime to historic lows, children like Vada Vasquez are still getting shot on our streets. The undercover “buy and busts” that made this indictment possible are extremely dangerous, and I want to thank everyone involved in this case for their courageous work.”
Investigators believe the guns, worth more than $40,000, were primarily purchased in Florida. Some were brand new, with safety stickers and barrel plugs affixed. Others had been defaced, meaning their serial numbers had been removed.
District Attorney Hynes used the opportunity of the indictment to call for a change in state law, with respect to the sale and possession of firearms that have been transported from outside New York State. The proposal would increase the class of the offense by one level. For instance, the charge of Criminal Possession of a Weapon in the Second Degree, currently a Class-C Felony, would become a Class-B Felony, if the gun were determined to be from outside the state. The maximum penalty would increase from 15 years in prison, for a Class-C Felony, to 25 years for a Class-B Felony.
District Attorney Hynes also called for an increase, by one level, in offenses involving the sale of firearms, regardless of where the weapons originated. For instance, currently, Criminal Sale of a Firearm in the First Degree, is a Class-B Felony, with a maximum sentence of 25 years in prison. Under DA Hynes’ proposal, that charge would become a Class-A Felony, with a maximum of Life in Prison.
Charges against the defendants include multiple counts of Criminal Sale of a Firearm in the First Degree, Criminal Sale of a Firearm in the Second Degree, Criminal Sale of a Firearm in the Third Degree, Criminal Possession of a Weapon in the First Degree, and Criminal Possession of a Weapon on the Second. The top count, Criminal Sale of a Firearm in the First Degree carries a maximum sentence of 25 years in prison.
.
http://www.wbng.com/news/local/72769077.html
By WBNG News
Story Updated: Nov 24, 2009 at 2:02 PM EST
.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.
-----------------------------------------
Also, in related news:
Mayor, NYPD Commish Join Kings D.A. in Calling for Gun Felony Upgrades
CITY HALL — Monday, Mayor Michael R. Bloomberg, Kings County District Attorney Charles J. Hynes and Police Commissioner Raymond W. Kelly announced the indictment of two individuals charged with running a Florida-to-Brooklyn gun trafficking ring.
The 105-count indictment charges Watson Joachin, 27, and Ryan Woodard, 22, with selling dozens of guns to undercover officers during a three-month investigation. The investigation comes just weeks after the city’s undercover investigation into out-of-state gun shows found dealers repeatedly acting in apparent violation of federal law and selling to undercover investigators posing as criminals.
“The illegal guns confiscated in this investigation were bound for the streets of Brooklyn, to be used in murders, assaults, and armed robberies, but thanks to a concerted effort by my office and the NYPD, these weapons won’t hurt anyone and nor will their dealers,” said District Attorney Hynes.
The indictment includes charges for the sale or possession of 46 guns — including 28 semi-automatic pistols, six revolvers, three assault rifles, four sawed-off shotguns and five rifles — to undercover detectives. On four occasions, detectives purchased a total of 40 guns. A fifth sale was arranged, but instead of carrying it out, officers raided the defendant’s Brooklyn safe house and confiscated six additional guns. Through the investigation, 10 additional guns were taken off the streets.
“The NYPD and Brooklyn District Attorney’s Office have taken guns off our streets and made our city safer,” said Mayor Bloomberg. “These investigations are so important because even though we’ve cut crime to historic lows, children like Vada Vasquez are still getting shot on our streets. The undercover “buy and busts” that made this indictment possible are extremely dangerous, and I want to thank everyone involved in this case for their courageous work.”
Investigators believe the guns, worth more than $40,000, were primarily purchased in Florida. Some were brand new, with safety stickers and barrel plugs affixed. Others had been defaced, meaning their serial numbers had been removed.
District Attorney Hynes used the opportunity of the indictment to call for a change in state law, with respect to the sale and possession of firearms that have been transported from outside New York State. The proposal would increase the class of the offense by one level. For instance, the charge of Criminal Possession of a Weapon in the Second Degree, currently a Class-C Felony, would become a Class-B Felony, if the gun were determined to be from outside the state. The maximum penalty would increase from 15 years in prison, for a Class-C Felony, to 25 years for a Class-B Felony.
District Attorney Hynes also called for an increase, by one level, in offenses involving the sale of firearms, regardless of where the weapons originated. For instance, currently, Criminal Sale of a Firearm in the First Degree, is a Class-B Felony, with a maximum sentence of 25 years in prison. Under DA Hynes’ proposal, that charge would become a Class-A Felony, with a maximum of Life in Prison.
Charges against the defendants include multiple counts of Criminal Sale of a Firearm in the First Degree, Criminal Sale of a Firearm in the Second Degree, Criminal Sale of a Firearm in the Third Degree, Criminal Possession of a Weapon in the First Degree, and Criminal Possession of a Weapon on the Second. The top count, Criminal Sale of a Firearm in the First Degree carries a maximum sentence of 25 years in prison.
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