[Congressional Record Volume 141, Number 105 (Monday, June 26, 1995)]
[Senate]
[Page S9102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE SOUTHERN CALIFORNIA ATF FIREARMS TRACE STUDY

 Mr. SIMON. Madam President, I would like to draw my 
colleagues' attention to a recent report released by the southern 
California field office of the Bureau of Alcohol, Tobacco and Firearms 
[BATF]. This report details a firearms trace study conducted on 
firearms found in crime scenes in southern California. The BATF's 
objective in conducting this study was to help determine the source of 
crime guns and suggest practices to counter the threat posed by illicit 
traffic in firearms. The results of the study provide evidence that 
many firearms used in crimes come from licensed firearms dealers. The 
results also reveal the problems of interstate trafficking in firearms, 
and the need for uniform, national firearms regulations.
  The report, titled ``Sources of Crime guns in Southern California'' 
describes the results of a firearms trace study in which special agents 
and intelligence analysts reviewed police reports and submitted trace 
requests for 1,764 guns recovered by selected law enforcement agencies 
in Los Angeles, Orange, and San Diego Counties between January 1, 1994 
and November 10, 1994.
  The results of the study raise serious questions about some of the 
rhetoric used to oppose firearms regulations. Last year, as I worked to 
tighten licensing requirements for Federal firearms dealers, many who 
opposed my proposals claimed that licensed gun dealers are not the 
source of guns used in crimes. This report shows that, at least in 
southern California, that is just not true. The ATF report outlined six 
sources of the guns recovered from crime scenes. By far the largest 
source was licensed gun dealers: Commercial gun dealers accounted for 
80 percent of the guns recovered.
  According to the study, many significant gun trafficking cases 
involved at-home dealers who purchased large quantities of firearms 
from distributors, then resold them without paperwork. Recent 
legislation, from the Brady law to my gun dealer licensing reforms in 
last year's crime bill, has begun to address the serious lack of 
oversight on licensed gun dealers. As a result of my reforms, Federal 
firearms licenses now require a photograph and fingerprints, dealers 
are required to comply with State and local laws, and the ATF now has 
60 days, instead of 45, to investigate before granting a license. 
Additional reforms raised the licensing fee from a mere $30 to $200. In 
fact, several recent cases have led to prosecution and conviction on 
felony licensing and recordkeeping violations.
  The report also shows the problems with interstate trafficking of 
firearms, and provides yet another argument in favor of national 
firearms regulations. Many of the guns recovered from crime scenes in 
southern California were traced to dealers in neighboring States with 
less stringent regulations: 30 percent of the guns included in the 
study were traced to dealers in 40 States other than California. 
Arizona and Nevada comprised 25 percent of the out-of-State purchases.
  California is a State with strong gun trafficking laws. All gun 
transfers, including those involving private parties, must go through a 
dealer and be approved by the California Department of Justice. 
Prospective purchasers of handguns and long guns are screened during a 
15-day waiting period and approved buyers are perpetually recorded in a 
computer database. California forbids the possession of certain assault 
weapons and forbids felons from possessing any type of firearm 
whatsoever.
  By comparison, the laws of surrounding States, such as Nevada and 
Arizona, are highly permissive. Neither State imposes any restrictions 
other than the minimum Brady Bill requirements. Long gun sales and 
private transactions are not regulated and there is no central registry 
of handgun sales.
  I would like to commend the ATF for conducting this important 
firearms trace study. The results of their report should help to inform 
the debate on gun control legislation.

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