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July 10, 2024

Schiff, Colleagues Introduce Bill to Close Gun Loophole Fueling Secondary Market for Firearms Parts

Washington, D.C.— Today, Representative Adam Schiff (D-Calif.), joined by Representatives Daniel S. Goldman (D-N.Y), Maxwell Frost (D-Fla.), and Gabe Amo (D-R.I.), introduced the Firearm Destruction Licensure Act, a bill to ensure firearms intended to be destroyed are not sold and do not fall back into the hands of bad actors. Schiff’s comprehensive legislation will require those engaged in the business of firearm destruction to become licensed and directs the Attorney General to prescribe the acceptable methods of firearm destruction, all while offsetting the additional costs local governments and law enforcement may incur.

"When cities or law enforcement agencies conduct gun buyback programs or seize firearms involved in crimes, those guns should be destroyed in their entirety. Unfortunately, some companies contracted to do so are selling off parts for a profit. Guns that are meant to be disposed of should be destroyed, not sold back into our communities for profit under the nose of law enforcement agencies trying to get these guns off the streets. The loophole that allows for this must be addressed," said Congressman Adam Schiff. "My legislation closes that loophole, ensuring these dangerous weapons are fully dismantled and destroyed. This is a commonsense step toward making our neighborhoods safer for everyone."

"Firearms are not hand-me-down sweaters or cars to be stripped for parts, they are deadly weapons of war that must be destroyed by the firms that purport to do so," Congressman Dan Goldman said. "It is unacceptable for firearm destruction companies such as GunBusters to profit off the reselling of 'do-it-yourself' untraceable ghost gun kits. This practice is anathema to the service that they advertise to the public, and only fuels the gun violence public health crisis tearing communities across the country apart. Requiring gun destruction companies to be licensed and certified is a bare minimum step to reduce the rise in untraceable ghost guns, and it fulfills a person's very reasonable wish that when they hand over a gun to be destroyed, it will be destroyed for good."

"The gun violence epidemic our communities are living through is being fueled by illegal guns that shouldn't have been on our streets in the first place. Gun destruction companies that only destroy one part of the gun and resell the rest of the gun as a kit are a huge part of this problem. Proud to work with Congressman Schiff and my colleagues to make sure that every single gun that is retired, seized, and surrendered to a gun disposal company actually gets destroyed, not re-sold," said Congressman Maxwell Frost.

"Gun violence in America is a national emergency in part because of the massive amounts of illegal guns flooding our streets. Some gun disposal companies claim to destroy firearms, but instead, they only destroy one part of the weapon before reselling the rest of the kit," said Congressman Gabe Amo. "As we introduce this legislation, I thank Congressman Adam Schiff and my colleagues for leading commonsense legislation to reduce gun violence and ensure that bad actors actually carry out the services they claim to provide."

"Over 43,000 Americans were killed by guns in 2023. The Surgeon General recently declared gun violence a national public health crisis. Law enforcement guns that are slated for destruction should not be sold to criminals and other prohibited individuals. We urge Congress to immediately pass the Firearm Destruction Licensure Act to prevent firearm destruction companies from selling law enforcement firearms or any of its parts," said Po Murray, Chairwoman, Newtown Action Alliance. 

"Each year, state and local law enforcement turn over hundreds of thousands of firearms recovered in criminal investigations, through buyback programs, or through turnover of their own equipment to firearm destruction companies for the purpose of destruction. Yet, it has recently come to light that oftentimes, not all parts of the firearms are destroyed; instead unregulated components enter a secondary resale market, fueling the gun violence epidemic in America. This bill will ensure that when a law enforcement firearm is destroyed, it is destroyed entirely. We thank Representative Adam Schiff for introducing the Firearm Destruction Licensure Act of 2024 to drive this necessary change," said Mark Collins, Director of Federal Policy, Brady.

Every year, state and local law enforcement dispose of hundreds of thousands of firearms that have been recovered in criminal investigations, through buyback programs, or through turnover of their own equipment. Many states and localities have turned to a growing private industry to destroy these firearms and remove them from circulation, but have unwittingly fueled a secondary market for firearms parts, components, and accessories that are directly contributing to the gun violence epidemic in America.

Specifically, Schiff’s Firearm Destruction Licensure Act would: 

  • Require those engaged in the business of firearm destruction to become licensed and certify that they will destroy all firearms received by federal, state, local, and tribal law enforcement in their entirety;
  • Direct the Attorney General to prescribe the acceptable methods of firearm destruction, all of which must render a firearm and all parts, attachments, accessories, or other components unable to be restored to working condition and otherwise reduced to scrap; 
  • Offset the additional costs local governments or law enforcement may incur to pay for this service by establishing a new grant program for the purposes of having these firearms destroyed.

The bill is also supported by Brady, Giffords, and Newtown Action Alliance.

Read the bill text here.

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