Legislation builds on Heinrich’s work to increase criminal penalties for straw purchases and stop illegal gun trafficking out of our country
WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.), a member of the core bipartisan group of senators who negotiated and passed the Bipartisan Safer Communities Act (BSCA), co-sponsored the Preventing Illegal Weapons Trafficking Act, legislation to protect communities from gun violence by requiring federal law enforcement to coordinate efforts to prevent the importation and trafficking of machinegun conversion devices including ‘auto-sears’ — illegal gun modification devices that can convert semi-automatic weapons into fully-automatic weapons — and seize all profits that come from the illegal trafficking of these devices.
“I’m proud that the provisions I wrote in the Bipartisan Safer Communities Act have already led to hundreds of arrests and kept firearms out of the hands of dangerous criminals. But with at least 91 mass shooting in the United States already this year, it’s clear we have more work to do,” said Heinrich. I’m proud to co-sponsor the Preventing Illegal Weapons Trafficking Act, which will help law enforcement keep New Mexicans safe from gun violence by providing new tools to combat illegal gun trafficking.”
Specifically, the Preventing Illegal Weapons Trafficking Act will:
Direct the U.S. Department of Justice, U.S. Department of Homeland Security, and U.S. Department of the Treasury to develop a coordinated national strategy to prevent or intercept the importation and trafficking of automatic gun conversion devices;
Ensure that proceeds from the illegal trafficking of automatic gun devices are subject to forfeiture; and
Require that the Attorney General include data and information about illegal gun modification devices in the Justice Department’s annual firearms trafficking report.
The Preventing Illegal Weapons Trafficking Act is co-sponsored by U.S. Senators Amy Klobuchar (D-Minn.), Richard Blumenthal (D-Conn.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Mazie Hirono (D-Hawaii), Ed Markey (D-Mass.), Alex Padilla (D-Calif.), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).
The legislation is endorsed by GIFFORDS and Brady: United Against Gun Violence.
The text of the bill is here.
Heinrich-Led Gun Trafficking and Straw Purchase Provisions:
Heinrich-led provisions in the Bipartisan Safer Communities Act increased criminal penalties for straw purchasers and made it a crime, for the first time ever, to traffic firearms out of the United States. Straw purchasers are people who buy guns for those who cannot buy them directly themselves due to their age, felony criminal convictions, or other limitations. By increasing penalties for straw purchasing, Heinrich’s provision is helping to keep guns out of the hands of criminals and those who would use them against our communities. By making it illegal to traffic firearms out of the country, Heinrich’s provision gave law enforcement the tools needed to prosecute and disrupt the flow of firearms to Mexico and the Northern Triangle, fueling the violence that has driven so many to flee their home countries.
To date, the Department of Justice has charged more than 600 defendants using BSCA’s gun trafficking and straw purchasing laws, removing hundreds of firearms off the streets in the process. These cases are significant, often preventing and prosecuting highly dangerous activity, such as crimes linked to organized trafficking rings and transnational criminal organizations.
For example, in March 2024, the Justice Department charged several defendants with trafficking and straw purchasing over 100 firearms, including many military-grade weapons, that were allegedly intended to be smuggled to a Mexican drug cartel. In April 2024, a defendant was sentenced to 276 months in prison for firearms trafficking and straw purchasing, as well as distribution of fentanyl, where the evidence showed that two of the trafficked firearms had been used in gang-related shootings. In 2o23, a defendant was sentenced to two years in prison for running an illegal gun trafficking enterprise, repeatedly taking money to lie on firearm purchase forms and obtain weapons for convicted felons.
In New Mexico, the Office of the United States Attorney for the District of New Mexico has charged 11 defendants with BSCA violations.
Heinrich’s Longtime Leadership to Tackle Gun Violence:
A gun owner and father, Heinrich has long worked to advance and pass bipartisan policies that save lives, protect public safety, and reduce gun violence.
This month, Heinrich introduced his Gas-Operated Semi-Automatic Firearms Exclusion (GOSAFE) Act and bipartisan Banning Unlawful Machinegun Parts (BUMP) Act, commonsense legislation designed to protect communities from gun violence, while safeguarding Americans’ constitutional right to own a firearm for legitimate self-defense, hunting, and sporting purposes.
Heinrich recently convened a press conference in Albuquerque with New Mexicans to Prevent Gun Violence, Everytown, community leaders, and students to announce the introduction of his GOSAFE Act. For photos and videos of that event, click here.
In October 2024, Heinrich secured critical funding for New Mexico law enforcement to purchase four new NIBIN machines for Las Cruces, Farmington, Gallup, and Roswell. This allows law enforcement to trace firearms used in crimes and hold criminals accountable, all while saving officers valuable time and resources.
In July 2023, Heinrich cosponsored the bicameral Ghost Guns and Untraceable Firearms Act, led by U.S. Senator Richard Blumenthal (D-Conn.), to require online and other sellers of gun-making kits to comply with federal firearm safety regulations.
In 2017, Heinrich cosponsored the bipartisan Fix NICS Act, which now requires federal and state authorities to produce background check implementation plans and holds federal agencies accountable for reporting relevant criminal records to the National Instant Criminal Background Check System (NICS). He also led the successful call to repeal the Dickey Amendment, which had previously prevented the Center for Disease Control and Prevention (CDC) from funding research on gun violence and its effects on public health.
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