It’s hard to see any gotcha’s with the text of this proposed anti-trafficking law, in terms of ensnaring otherwise law-abiding individuals, but as the commenter who posted it noted, it’s also hard to see what this criminalizes that’s not already criminalized. Disposing of one firearm, let alone two firearms, to someone the person knows, or has reasonable cause to believe, is prohibited from possessing the firearm, is a felony punishable by ten years. The proposed crime reaches the organizer of such sales, but it’s hard to see how conspiracy wouldn’t reach those individuals under current laws.
The only place I can see this coming into play, where current laws don’t necessarily apply, is if you’re transferring the firearm to someone who you know will use or dispose of it unlawfully, but is not otherwise prohibited from purchasing a firearm. But again, it’s hard to see how this could not be reached by conspiracy.Â If you know, or have reasonable cause to believe, that your act is going to aid in the furtherance a crime, you’re reachable under conspiracy.
So this statute is, to be blunt, a joke. I can’t see this has any purpose short of trying to divert attention away from the Fast and Furious scandal, and to try deflect blame for the DOJ’s criminal mishandling of the program, and their abysmal record of prosecuting traffickers under existing law. This is a dog and pony show put on by the Democrats to try to blame Fast and Furious on the gun laws, and it’s blatantly transparent.