Senate

Gun trafficking bill faces tough slog in Senate

by Jordain Carney - 07/17/15 12:38 PM ET

A bipartisan group of senators want to crackdown on the ability to move guns illegally across state lines.

Sens. Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.) and Mark Kirk (R-Ill.) have introduced legislation that they say will help law enforcement go after gun traffickers.

{mosads}They argue, in a release from Durbin’s office, that there isn’t currently a law focused on preventing someone from driving into a state with stricter gun laws, “parking their car in a parking lot, and selling hundreds of firearms out of their truck.”

The bill would make it illegal to buy two or more guns if the buyer knows, or suspects, that it would be illegal for them to do so, as well as sell or transfer two or more guns if the seller knows, or has reason to be believe, that it would be illegal for the buyer to own a gun.

“Gun trafficking is one of the key drivers of gun violence in Chicago,” Durbin said, adding that the legislation “will crack down on illegal trafficking of guns and impose strict federal punishments on those who supply guns to criminals.”

Gillibrand and Kirk, who faces a tough reelection in a blue-leaning state, previously introduced similar legislation in 2013. The proposal got the support of 58 senators, falling two votes short of the 60 needed to break a filibuster.

Kirk, at the time, pointed to an uptick in gun violence in Chicago, saying that “gun trafficking is allowing gangs and violence to flourish in Chicago.”

While Durbin suggested that it’s time for Congress to pass the legislation, they face an uphill battle in a Republican-controlled Senate.

Several of the 58 “yes” votes the legislation got in 2013 are from Democratic senators who have since been replaced by Republicans.

While Minority Leader Harry Reid (D-Nev.) called for expanded background checks in the wake of the South Carolina shooting last month that killed nine, Republicans have shown no appetite for moving forward on gun control ahead of an election cycle that will see them battling to defend 24 Senate seats.

Instead, Senate Republicans say that lawmakers should take time to reflect in the wake of the shooting, strengthen mental health legislation or instead crack down on sanctuary cities.

Sen. Rob Portman (R-Ohio), who is up for reelection in a blue-leaning state, said, “I think this is a time for us to reflect on this deeper problem we have in our culture.”

Meanwhile, Sens. Kelly Ayotte (R-N.H.) and Ron Johnson (R-Wis.), who both face potentially tough reelection bids, suggested after the shooting that lawmakers should bolster mental health instead of cracking down on guns.

“We have so many gun laws, they’re not fully enforced. What’s another layer of gun control going to do? How’s that going to solve the problem,” Johnson said. “What I would like to have a debate on is what can we do in terms of mental health policy.”

Sen. Johnny Isakson (R-Ga.) added, “I think what we ought to do is make sure we incarcerate criminals like the deported guy, who had been deported five times in San Francisco. … He was the one who pulled the trigger.”

The Durbin-Kirk-Gillibrand bill would also make it illegal to lie on a Bureau of Alcohol, Tobacco, Firearms, and Explosives firearms transaction record form.

Under the legislation, violating any of the provisions would result in up to 20 years in prison, with an additional five years if the individual controls a trafficking ring.

They also want the Sentencing Commission to increase penalties for trafficking if it’s tied to members of a gang, drug cartels or organized crime.