GUNSNew Law Targets Gun Trafficking to Mexico

By Masood Farivar

Published 16 June 2023

A new law that imposes harsher penalties on gun trafficking is giving U.S. prosecutors a powerful tool to combat the illicit flow of weapons from the United States to drug cartels in Mexico. The cartels use the weapons to protect their drug smuggling operations, fueling an overdose epidemic that is claiming the lives of tens of thousands of Americans.

A new law that imposes harsher penalties on gun trafficking is giving U.S. prosecutors a powerful tool to combat the illicit flow of weapons from the United States to drug cartels in Mexico.

The cartels use the weapons to protect their drug smuggling operations, fueling an overdose epidemic that is claiming the lives of tens of thousands of Americans.

Justice Department officials say that in the year since the Bipartisan Safer Communities Act was signed into law by President Joe Biden in June 2022, they have charged more than 100 people under its gun trafficking and straw purchasing provisions.

The landmark legislation introduced the first major changes to U.S. gun safety laws since the federal assault weapons ban of 1994. The law established a standalone firearms-trafficking conspiracy offense that is punishable by up to 15 years in prison. It also criminalizes straw purchasing, which involves buying a firearm for someone who is legally prohibited from purchasing a gun.

Deputy Attorney General Lisa Monaco said Wednesday that the Justice Department is using the criminal authorities under the new law “to identify and hold firearms traffickers accountable.”

“The firearms-trafficking provision has proven particularly useful at the Southwest border,” Monaco said at a law enforcement event in Washington hosted by the Justice Department and the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) to highlight government efforts to combat illegal gun trafficking to Mexico.

She noted that more than half of all firearms trafficking cases have been brought by federal prosecutors in border states such as Texas and Arizona.

In recent years, drug trafficking from Mexico to the U.S. has received wide public attention, but not the influx of weapons moving in the opposite direction.

U.S. and Mexican officials say the gun trafficking problem is equally grave, with just as deadly consequences for people on both sides of the border.

“These weapons empower drug cartels to intimidate local communities, challenge state authority and expand their deadly drug trade back into the United States,” Monaco said.

Just how many weapons are smuggled into Mexico remains uncertain, but the number is believed to be enormous. One estimate suggests it could be as high as half a million weapons a year.

A recent ATF study found that nearly 70% of firearms recovered in Mexico between 2014 and 2018 and submitted for tracing were linked to the United States. A Mexican government estimate puts it as high as 90%.