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FOR IMMEDIATE RELEASE: December 4, 2005
IN WAKE OF TRAGIC DEATH OF POLICE OFFICER WITH STOLEN GUN, SCHUMER CALLS FOR REINSTATING GUN TRACING LAWS TO SHUT DOWN ROGUE GUN TRAFFICKERS
92 % of the illegal handguns recovered in New York City from 1988-2003 were from out of state
Schumer also calls for federal legislation requiring law enforcement officials to report all stolen guns and guns used in crime to the ATF; gun used this week was stolen in Florida over 6 years ago and was used in another Brooklyn shooting 6 months ago
Schumer stands with policemen, vows to introduce legislation that would repeal law that eradicates access to tracing data
As just this week a policeman was killed by a stolen gun that had been used in a crime only six months ago, but stolen over 6 years ago, today U.S. Senator Charles E. Schumer called for a law that will allow more access to gun tracing data, he also called for a mandatory reporting of stolen guns and guns that were used in crimes to the ATF database. Currently the Bureau of Alcohol Tobacco and Firearms (ATF) National Tracing Center (NTC) has the data on where each reported stolen gun originates and its path into the wrong hands. But, because of a stealth amendment that was slipped into an appropriations bill last year and renewed this year, the ATF can not share much of the information which makes it more difficult to identify and shut down gun sellers, purchasers and possessors and most importantly, traffickers of stolen guns across state lines.
"It doesn't take a rocket scientist to realize that more illegal guns mean more gun crimes. And this week's death was tragic reminder of the devastation these crimes bring to entire communities," Schumer said. "The ability to trace a gun after a crime is committed helps us solve it, but excessive restrictions placed on access to the data ties our hands in preventing any of these violent crimes from taking place."
Gun tracing serves two main purposes. Aside from being able retrace the history of a gun that is connected to a crime after it is committed, it helps to identify patterns of illegal gun trafficking and shut down rogue gun traffickers who are responsible from running guns illegally from state to state. Through tracing, law enforcement can find trends of multiple sales of firearms to buyers and look for patterns of theft from licensed gun dealers. Multiple traces to the same dealer or buyer are generally can help police find exactly who is responsible for mass quantities of guns crossing state lines. By looking at the full picture of traces and the patterns that emerge, law enforcement is able to find opportunities to stop gun running on the supply side of the gun market; before they are run all over the country.
By tracing guns law enforcement is able to identify buyers, sellers, and possessors of guns and is able to identify a "straw purchaser" – someone who can legally buy a firearm and is hired by someone who either is prohibited by law from doing so or does not want to be traced. Straw purchasers are usually linked to gun trafficking and identifying them and stopping them brings down gun trafficking enormously. Both dealers of large quantities of guns used in crimes and purchasers can be tracked over time and stopped through tracing databases.
Until 2003 the information in the ATF's National Tracing Center was available to the public and to law enforcement but in the 2005 Commerce Justice Science appropriations bill, Congressman Todd Tiahrt from Kansas slipped a stealth amendment in to limit access to the tracing information. As a result of this amendment, the ATF is prohibited from releasing information about where guns have originated from which severely impedes gun crime prevention.
"The bottom line is, the Tiahrt Amendment has put an enormous wrench in stopping gun trafficking before it starts," Schumer said. "Now the police can only trace certain guns after a crime is committed which doesn't do anything to fix the bigger problem of having countless illegal guns on our streets. We need to stop the problem where it starts and because of this stealth and reckless amendment, our hands are tied."
Today Schumer also called for federal legislation requiring law enforcement officials to report all stolen guns and guns used in crime to the ATF database for tracing. New York has a law requiring New York law enforcement to report guns used in crime to the ATF. The gun that was used in the crime this week was stolen from Florida but had never been reported. Florida law does not require that. Enacting reporting requirements, such as the ones required in New York, for all 50 states would ensure that guns used to commit crimes would be traced to find out how they made their way to the scene of the crime.
In addition, Schumer called for legislation that would:
• Allocate additional funding for ATF to give the agency the resources it needs to effectively investigate rogue gun dealers across the country.
• Give ATF discretion over the number of inventory inspections it conducts on gun dealers. Current regulations allow ATF only one such inspection visit per year.
• Increase the maximum penalty for gun trafficking from ten to twenty years.
• Make federal gun trafficking laws a predicate offense for prosecution under the RICO law, giving law enforcement the same tools to prosecute gun traffickers that it currently has to fight organized crime.
According to the ATF, there were 5,766 guns submitted to the ATF for tracing in the calendar year 2004. This includes both long and hand guns, and all guns seized by combined state and local law enforcement agencies. According to New York City sources, 92% of the illegal handguns recovered in New York City from 1988-2003 were from out of state sources. The top five states for origination of illegal handguns in New York City were Virginia, Florida, Georgia, South Carolina, North Carolina. Shootings and gun arrests have declined in New York City over the last three years, but there were still almost 1400 shootings in New York City in 2004 and 3,826 gun arrests. Between 2002-2004, there have been over 4500 shootings and almost 12,000 gun arrests.
Senator Schumer stood with Pat Lynch, President of the Patrolman’s Benevolent Association