Image by Jason Gillman from Pixabay
July 5, 2025 - WASHINGTON, D.C. — This week, as the gun violence epidemic continues to devastate American communities, U.S. Senator Alex Padilla (D-Calif.), a member of the Senate Judiciary Committee, and Mary Gay Scanlon (D-Pa.-05) announced a bicameral bill to make the fraudulent sale, advertising, or transfer of firearms a federal crime. The Stopping the Fraudulent Sale of Firearms Act would close this dangerous loophole and address a critical gap in gun safety enforcement, including online listings that deceptively evade tech companies’ terms of service.
Federal law requires background checks for gun sales by licensed dealers, and 22 states extend that requirement to unlicensed sellers. Still, individuals who would fail a routine background check — such as those with felony convictions, domestic violence restraining orders, or a history of severe mental illness — frequently obtain firearms through online marketplaces that lack meaningful oversight. According to Everytown, nearly 1 in 9 prospective buyers who respond to online ads from unlicensed sellers would fail a background check.
Cracking down on fraudulent sellers would reduce the illegal flow of firearms to individuals prohibited from possessing them and strengthen efforts to protect communities from preventable violence.
“Background checks save lives by keeping guns out of the wrong hands, but fast-growing online marketplaces are making it easier to dodge these critical protections,” said Senator Padilla. “Fraudulent sales on these online marketplaces create a backdoor for dangerous individuals — even in states with strong gun laws. By prohibiting fraudulent transactions and holding deceptive sellers accountable, our bill would reinforce background check requirements and help prevent firearms from falling into the wrong hands.”
“Background checks work, and everyone who tries to buy a gun should have to pass one,” said Representative Scanlon. “It’s time to crack down on deceptive online sales practices that give dangerous people unchecked access to guns and make our communities less safe. I’m proud to lead this common sense legislation that would make these misleading practices illegal – one solution of many that we know will reduce gun violence and save lives.”
As the online firearm marketplace has emerged as a growing venue for anonymous gun purchases, criminals and other prohibited purchasers have gained easier access to firearms. In response, Meta, YouTube, and other technology companies have banned firearm sales on their platforms. However, sellers frequently circumvent these restrictions by fraudulently disguising listings. For example, on platforms like Facebook Marketplace, guns may be advertised as “stickers” featuring firearm brand logos, while the actual weapons are sold off the record. These tactics allow sellers to sidestep platform rules and legal requirements, enabling dangerous individuals to acquire firearms undetected. As long as online platforms remain vulnerable to abuse through disguised listings and fraudulent sales tactics, individuals intent on doing harm will continue to exploit them, putting public safety and community well-being at risk.
To address this growing loophole, the Stopping the Fraudulent Sale of Firearms Act would amend the federal criminal code to prohibit the fraudulent importation, manufacture, and sale of firearms or ammunition, as well as the transmission of any communication related to such fraudulent activity. Violators could face a fine, up to five years in prison, or both.
The Stopping the Fraudulent Sale of Firearms Act is endorsed by Brady United, Everytown, GIFFORDS, and Newtown Action Alliance.
“All too often, unlicensed gun dealers circumvent firearm sale restrictions set by technology companies and create fake listings to covertly sell firearms and ammunition. This practice violates companies’ terms of service and enables widespread gun trafficking. By addressing the dangerous practice of false advertisements that facilitate firearm sales online, the Stopping the Fraudulent Sale of Firearms Act will address the realities of the 21st century and prevent deceitful gun sales. Brady is grateful to Senator Padilla for championing this critical legislation,” said Mark Collins, Director of Federal Policy, Brady.
“Online gun traffickers are exploiting deadly loopholes to put firearms into the hands of dangerous individuals—without background checks, oversight, or accountability. The Stopping the Fraudulent Sale of Firearms Act will help close one of the internet’s most lethal black markets by cracking down on deceptive online sales. If tech platforms won’t stop these fraudulent listings, Congress must. We applaud Senator Padilla for taking bold action to protect our communities from preventable gun violence,” said Po Murray, Chairwoman, Newtown Action Alliance.
“Gun trafficking and bypassed background checks pose a threat to public safety and to law enforcement. Deceptively selling firearms and ammunition online will result in dangerous weapons falling into the hands of dangerous individuals who should not have them. I want to thank Senator Padilla for highlighting this important issue, and for putting forth this crucial bill to address it,” said Emma Brown, Executive Director of GIFFORDS.
Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Andy Kim (D-N.J.), Amy Klobuchar (D-Minn.), and Adam Schiff (D-Calif.) are cosponsoring the bill.
Senator Padilla is a strong advocate for commonsense, lifesaving gun safety reforms. Last week, Padilla introduced bicameral legislation to prevent the federal government from contracting with federally licensed firearms dealers that have a documented history of selling a disproportionate number of guns that end up being used to commit violent crimes. Earlier this year, Padilla co-led the bicameral reintroduction of the Assault Weapons Ban of 2025, legislation to reinstate a nationwide ban on military-style assault weapons. He also led 18 Senators in introducing the Age 21 Act, legislation to raise the minimum age to purchase assault weapons and high-capacity ammunition magazines from 18 to 21, the same age requirement that already applies to purchasing handguns from federally licensed dealers. In June 2022, Padilla voted to pass the Bipartisan Safer Communities Act, the most significant gun safety legislation in almost 30 years. In 2023, Padilla joined 27 of his Senate colleagues in reintroducing the Keep Americans Safe Act, renewing efforts to ban the importation, sale, manufacturing, transfer, or possession of gun magazines that hold more than 10 rounds of ammunition.
A one-pager on the bill is available here.
Full text of the bill is available here.
Source: Senator Alex Padilla
