Bacon proposes harsher punishments for straw purchases under new bill

U.S. Rep. Don Bacon (R-NE) plans to reduce the increasing number of people who buy firearms on behalf of others who aren’t permitted by law to have guns, a federally punishable offense known as a straw purchase and cited by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as a significant national public safety problem.

Under the bipartisan Stop Straw Purchases Act, H.R. 5134, which Rep. Bacon introduced on March 1 with original cosponsor U.S. Rep. Salud Carbajal (D-CA), any persons convicted of a straw purchase would receive stiffer punishments — and so would the gun receiver.

“Most of the gun-related crime is committed by someone who should not have access to a firearm, but they are able to get it because someone else makes the purchase,” said Bacon during an event in Omaha on March 1 to discuss his proposed legislation with local law enforcement and prosecutors.

The congressman said that’s exactly what happened in May 2015 when Omaha police officer Kerrie Orozco was shot and killed while serving a felony arrest warrant. “The gun used was obtained through a straw purchase,” Bacon said. “The purchaser walked away with a slap on the wrist.” The officer was killed the day before she was scheduled to start maternity leave.

Currently, Title 18 of the United States Code, which deals with crimes and criminal procedure, makes straw purchases a federal offense because straw purchasers make false statements to federally licensed firearms dealers on behalf of someone prohibited from buying a firearm. Among those prohibited from buying firearms are persons who are convicted felons, have been convicted of domestic violence or are a juvenile, mentally ill or fall into some other federal or state-defined category of law, according to the statute. The false statements are punishable under Title 18 with fines up to $250,000 and prison terms up to 10 years.

H.R. 5134 would amend Title 18 to increase the maximum punishment for the firearm purchaser and the receiver to include fines up to $750,000, and prison terms up to 25 years, according to Bacon’s office.
Additionally, H.R. 5134 would include a so-called Kingpin Clause that would penalize the organizer or “kingpin” of a firearms enterprise that included straw purchases and trafficked weapons across state lines to a fine of $1 million, up to 30 years in prison, or both, according to a summary from the congressman’s staff.

Jeff Davis, sheriff of Sarpy County, Neb., where Omaha is located, thanked Congressman Bacon for efforts to maximize the penalties for straw purchases. “This legislation is clearly a step in the right direction and is a benefit for all law enforcement officers not only in the second district and the State of Nebraska, but the entire country,” Davis said during the recent event. H.R. 5134 has been referred to the House Judiciary Committee.

At the same time, the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations is considering another bill introduced by Rep. Bacon on Jan. 30, the LEOSA Training Extension Act, H.R. 4896, which would allow states to reduce the frequency with which a retired law enforcement officer must meet firearms training standards to be certified to carry a concealed weapon across state lines under the Law Enforcement Officer Safety Act (LEOSA). The bill has Republican support from original cosponsors U.S. Reps. Dan Donovan (R-NY), Scott Perry (R-PA), and Ralph Norman (R-SC).

Douglas County Sheriff Timothy Dunning told Bacon that his LEOSA reform efforts are appreciated. “By allowing states to extend the training requirement from annually to up to every 36 months,” Dunning said during the Omaha event, “we are ensuring that those who have put their lives at risk in the line of duty will be afforded proper concealed carry benefits.”