This material is general public information for educational purposes only. It should not be used as legal, financial, or tax advice, and no attorney-client relationship is created by reading it. Federal, state, and local rules may vary and may change over time. A qualified professional can review specific circumstances.
Key Facts
- Federal level: The Gun Trafficking Prevention Act of 2013 was introduced to amend the federal criminal code to explicitly prohibit the trafficking of firearms.
- Federal level: In January 2013, the American Bar Association formally supported the legislation in an effort to increase penalties for evading background checks.
- Federal level: The American Bar Association cited federal data identifying straw purchases as the most significant factor in illegal firearms trafficking.
- Federal level: The 2013 legislation ultimately did not pass into law, functioning instead as a historical policy proposal.
- Federal level: In 2022, Congress addressed the issues raised in 2013 by enacting the Bipartisan Safer Communities Act.
- Federal level: Modern federal law under 18 U.S.C. § 932 explicitly outlaws the straw purchasing of firearms.
- Federal level: Trafficking in firearms is now expressly penalized as a distinct federal offense under 18 U.S.C. § 933.
- National overview: While federal statutes govern interstate trafficking, individual state laws operate independently to regulate in-state firearm transfers.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
In early 2013, federal lawmakers introduced the Gun Trafficking Prevention Act of 2013. The proposed legislation sought to amend the federal criminal code to expressly penalize the trafficking of firearms and the act of straw purchasing. At the time, federal authorities relied on a patchwork of existing laws to prosecute individuals who diverted weapons into illegal markets.
The American Bar Association’s 2013 Advocacy
Following the introduction of the bill in the Senate as S.179, the American Bar Association formally announced its support for the legislation. In a letter to the bill’s sponsors, the leadership of the American Bar Association expressed that increasing penalties for those who help others evade background checks would serve public safety and strengthen the criminal justice system.
A central focus of the American Bar Association’s advocacy was the practice of straw purchasing, which occurs when a person buys a weapon on behalf of someone legally prohibited from obtaining one. The organization highlighted findings from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding the scale of the issue. According to the data cited by the American Bar Association at the time, the ATF identified straw purchases as the single most significant factor in illegal gun trafficking, accounting for nearly a third of all firearms involved in federal trafficking investigations.
From Policy Proposal to Modern Federal Law
The Gun Trafficking Prevention Act of 2013 served as a historical legislative proposal rather than an enacted law. The bill did not pass the 113th Congress. However, the legal gaps identified by the American Bar Association and federal lawmakers in 2013 were largely addressed nearly a decade later when Congress passed the Bipartisan Safer Communities Act in 2022.
Modern federal law now explicitly prohibits the straw purchasing of firearms. Under 18 U.S.C. § 932), it is a federal crime for any person to knowingly purchase a firearm on behalf of someone else while knowing, or having reasonable cause to believe, that the recipient intends to use the firearm in furtherance of a felony.
Additionally, the modern federal framework establishes direct penalties for firearms trafficking under 18 U.S.C. § 933. This statute makes it unlawful to ship, transport, or transfer a firearm to another person if the sender knows or has reasonable cause to believe that the recipient’s possession of the weapon constitutes a felony offense.
Federal Authority and State Independence
The federal statutes enforced by the Department of Justice operate alongside various state laws governing firearm transfers. While federal law provides a nationwide baseline prohibition against criminal trafficking and straw purchasing across interstate commerce, specific regulations regarding private transfers, secondary market sales, and local background checks vary significantly by state.
The American Bar Association has consistently engaged with federal and state firearms policies throughout its history. Beyond the 2013 legislation, historical discussions have included organizational resolutions regarding firearms on private property and formal responses to Supreme Court decisions on gun control.
