Core Of Gillibrand’s Anti-Gun Trafficking Legislation Passed As Part Of The Bipartisan Safer Communities Act
Provision Got More Than 3,000 Guns Off The Streets In Just Over 2 Years
Since Trump Has Taken Office, DOJ Has Stopped Providing Congress With Updates On Progress Being Made To Fight Trafficking
Ahead of Attorney General Pam Bondi’s appearance before the Senate Appropriations Committee, U.S. Senator Kirsten Gillibrand is requesting an update on the Department of Justice’s (DOJ) progress in implementing the anti-gun trafficking statute passed as part of the Bipartisan Safer Communities Act (BSCA). In previous years, DOJ provided regular updates on the number of alleged firearm traffickers charged and the number of illicit firearms seized using this statute. However, since President Trump took office, these updates have stopped. Gillibrand is requesting that Attorney General Bondi provide a prompt update on what progress DOJ has made in prosecuting dangerous criminals and getting weapons off our streets.
“Three years ago, Congress passed the first significant federal gun safety legislation in nearly 30 years,” said Senator Gillibrand. “In that time, the bill has had tremendous success in getting guns and criminals off our streets. But since President Trump took office, the Justice Department has stopped providing Congress with regular updates on what, if any, progress is being made in fighting gun trafficking. We need full transparency as we continue to implement this legislation, and I am calling on Attorney General Bondi to provide comprehensive data immediately.”
Senator Gillibrand’s Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act formed the centerpiece of BSCA’s anti-gun trafficking provision. Gillibrand first introduced the bill in 2009 after meeting with the family of Nyasia Pryear-Yard, who tragically lost her life at 17 years old when she was shot by a perpetrator using an illegally trafficked gun. Gillibrand worked with Nyasia’s mother, Jennifer Pryear, to pass the bill into law, and they attended the bill signing together in 2022. As of September 2024, the statute had been used to charge 423 defendants and secure at least 119 convictions, as well as take more than 3,000 illegal guns off our streets, including 317 AR-15s and AR-style weapons, 478 machine gun conversion devices, and 206 ghost guns.
The full text of Senator Gillibrand’s letter to Attorney General Pam Bondi is available here or below:
Dear Attorney General Bondi,
As we approach the three-year anniversary of the enactment of the Bipartisan Safer Communities Act (BSCA), I write to request an update on the Department of Justice’s (DOJ) implementation of the anti-gun trafficking statute, 18 U.S.C. 933 (“trafficking in firearms”). In years past, the Department worked diligently with my office to provide timely and comprehensive reports pertaining to the effectiveness of the anti-gun trafficking statute, demonstrating the Department’s success in using the statute to charge hundreds of firearm traffickers and seize thousands of illicit firearms. Since January 20, 2025, requests to the Justice Department for these reports from my office have gone unanswered.
Firearms trafficking remains a significant driver of gun violence in the United States. The illicit movement of firearms across state lines floods communities with deadly weapons and allows criminals to get their hands on firearms they would not otherwise be able to possess. This is a particularly pernicious issue in states like New York, where state-level efforts to implement gun safety measures are consistently undermined by the steady influx of illegal firearms from neighboring states. Reports from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have found that nearly 230,000 firearms were trafficked in more than 7,700 cases from 2017-2021 and that unlicensed sellers were the largest source of trafficked firearms.2 Additionally, approximately 80% of firearms connected to a crime and recovered by law enforcement in New York come from out of state.
In the absence of a dedicated federal law to criminalize interstate firearms trafficking, authorities historically had to rely on a patchwork of weak, easily exploitable statutes to prosecute offenders. This made enforcement extremely difficult and allowed traffickers to operate with little fear of serious consequences. After over a decade of pursuing legislation to close this trafficking loophole and make firearms trafficking a federal crime, I was pleased to see the core of my anti-gun trafficking legislation established in BSCA. Now, under 18 U.S.C. 933, it is illegal to “ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would constitute a felony.” The law also barred the receipt of such firearms “if the recipient knows or has reasonable cause to believe that such receipt would constitute a felony.” Offenders face up to 15 years in prison and must forfeit any property and proceeds related to the violation.
Authorities have successfully used the statute to break up firearms trafficking operations large and small. In many cases, multiple defendants have been arrested and indicted after attempting to traffic dozens of firearms – often to undercover agents themselves. Charges have been brought against suspected gang members, leaders of gun trafficking rings, and previously convicted felons. In its last communication with my office in late 2024, the DOJ reported that it had prosecuted 489 defendants so far under 18 U.S.C. 933. During your confirmation hearing before the Senate Judiciary Committee, you stated your commitment to “enforcing federal gun laws as appropriate and in accordance with the relevant facts and law.” BSCA was a historic piece of legislation – the first significant federal gun safety legislation in nearly 30 years – but to truly maximize its intended benefits, diligent enforcement, implementation and transparency is required. I look forward to hearing from you and to continuing to work together on these issues.
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