The Justice Department announced it has charged over 500 defendants under the new criminal provisions of the Bipartisan Safer Communities Act (BSCA), which Congress enacted and the President signed in June 2022. The Act is the first standalone federal statute specifically designed to target unlawful trafficking and straw-purchasing of firearms.
“Criminals rely on illegal gun traffickers and straw purchasers to obtain the weapons they use to harm our communities,” said Attorney General Merrick B. Garland. “The Justice Department is using the new tools given to us in the Bipartisan Safer Communities Act to hold accountable those who fuel gun violence.”
The BSCA was passed following several tragic mass shootings, including incidents at Robb Elementary School in Uvalde, Texas; Topps Grocery Store in Buffalo, New York; and a house of worship in Laguna Woods, California. These events, along with everyday gun violence, have had widespread impacts on families and communities nationwide. As the first significant gun safety legislation in decades, the BSCA provided new tools to prosecute firearms traffickers and address gun violence.
Recent cases include charging five individuals in Texas for allegedly trafficking military-grade firearms to a drug cartel in Mexico; a three-year sentence in New Mexico for illegal sale of firearms, including machine guns; and a ten-year sentence in Pennsylvania for unlawful possession, manufacturing, and trafficking of ghost guns sold as part of "hit kits."
The new statutes, 18 U.S.C. § 933 and 932, directly prohibit straw purchasing and firearms trafficking while significantly enhancing penalties for these crimes, providing for up to 15 years in prison. Criminals often seek out straw purchasers because they do not have criminal histories. The stronger penalty provisions enhance deterrence by signaling that these are serious offenses rather than mere “paperwork violations” or victimless crimes.
Although more work remains, reaching this milestone demonstrates that federal prosecutors and agents, along with state, local, Tribal, and territorial partners across the United States, have been utilizing these new authorities to make significant progress in addressing gun violence.