
| NEW BILL OVERREACHES TO HARRASS HONEST GUN DEALERS AS "TRAFFICKERS" |
February 7, 2024. Legislation facilitating harassment of honest firearms dealers as "traffickers" was recently re-introduced in the new legislative session and is scheduled for its initial hearing in the Senate Law and Public Safety Committee on Thursday, February 8, 2024.
While a stated purpose of S1425 is to punish firearms dealers for illegal trafficking, the bill goes way too far by punishing dealers who "should have known" that illegal trafficking was involved. This ignores the fact that dealers only sell firearms after extensive state and federal background checks and after they have been given explicit permission by regulators to transfer a firearm. Once permission is given by regulators, there can be no argument that the dealer "should have known" the firearms were being trafficked. And if the dealer is found culpable for not being a mind-reader at the time of sale, then the regulators who gave permission should be similarly culpable. Contrast this with the situation where the dealer ACTUALLY knows he is selling to traffickers -- that is KNOWLEDGE of wrongdoing, and there should be consequences that attach to that wrongdoing. While the legislation addresses knowing wrongdoing like this, it goes way too far and allows culpability when the dealer (and the state that gave its permission) both had no idea that trafficking was actually occurring. That result is nothing more than a dealer harassment tool that allows for punishment of innocent dealers while ignoring the state's role in authorizing the same transaction. ANJRPC and NRA are working to have this distinction addressed in committee amendments. Gun owners may later be asked to contact lawmakers directly as the bill moves through the legislative process. |
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