[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Senate]
[Pages S7785-S7786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            JUNK GUN PROLIFERATION THREATENS POLICE OFFICERS

 Mrs. BOXER. Mr. President, in March, I introduced legislation 
to prohibit the sale and manufacture of junk guns, or as they are also 
called, Saturday night specials. The importation of these cheap, easily 
concealable, and

[[Page S7786]]

unsafe weapons has been prohibited since 1968, but their domestic 
production continues to soar.
  In 1995, 8 of the 10 firearms most frequently traced at crime scenes 
were junk guns.
  My bill has received strong support from California's law enforcement 
leaders. The California Police Chiefs Association has endorsed my bill 
along with more than two dozen individual police chiefs and sheriffs 
representing some of California's largest cities and counties.
  Law enforcement leaders support my bill because of the terrible 
threat that junk guns present to police officers. Today, I want to 
speak about that threat and share with my colleagues a letter I 
received from Janice Rogers, the wife of a California highway patrolman 
shot with one of the most common junk gun models.
  Janice's husband, Officer Ronald Rogers, was on duty last March, when 
he stopped to assist a pedestrian walking on a freeway shoulder near 
Livermore, CA. Before giving him a ride to a phone off the freeway, Ron 
had to check the pedestrian for weapons. As Ron approached, the man 
pulled out a junk gun concealed in his pocket and shot Officer Rogers 
in the face at point blank range. The bullet entered the left side of 
his face and exited out the right side of his neck. It was a miracle, 
the doctors later told Ron and Janice, that the bullet missed all vital 
structures.
  The force of the gunshot knocked Officer Rogers down. He tried to 
draw his weapon but nerve damage caused by the gunshot rendered his 
right arm useless. The attacker pinned him to the ground and prepared 
to shoot him in the head a second time, but the gun jammed. He began 
beating Officer Rogers mercilessly, hitting him in the head repeatedly 
with the jammed pistol. By the time help arrived, Officer Rogers had 
not only been shot in the face, but had also been pistol whipped 30 
times, fracturing his skull and every bone in his face.
  The firearm used in this horrible assault was a Davis Industries P-
380. It is the second most frequently traced firearm at crime scenes. 
This gun is so small that criminals can simply hide it in a pocket, as 
Ron Rogers' assailant did.
  If this firearm were made overseas, it could not be imported legally. 
It is so small that it would fail the import test on the basis of size 
alone. However, because of the junk gun double standard--a loophole in 
the law accidentally created by Congress in 1968--an estimated 100,000 
of these guns are produced legally every year. It makes absolutely no 
sense. If a firearm is such a threat to public safety that its 
importation should be restricted, its domestic production should also 
be prohibited. A gun's point of origin is irrelevant.
  Ron and Janice Rogers are courageous people. They worked together 
through months of grueling physical therapy and four reconstructive 
surgeries. Last month, Officer Ron Rogers resumed full active duty in 
the California Highway Patrol. The citizens of the bay area are 
fortunate to have law enforcement officers like Ron Rogers patroling 
their communities.
  Janice Rogers wants to make sure that what happened to her husband 
never happens to anyone else. That is why she has joined me in calling 
for a ban on junk guns. I want to read what she wrote to me about my 
bill:

       Opponents of your legislation might claim that banning 
     these types of weapons won't stop criminals who choose to use 
     weapons. We believe that it is the mass production of these 
     poor quality weapons which effectively place these guns into 
     the hands of criminals.

  Janice Rogers is absolutely right. Each year, the companies that 
dominate the junk gun industry produce more than half a million 
handguns. Many of those guns find their way into criminals' hands and 
are used in brutal assaults like the attempted murder of Officer Ron 
Rogers.
  To protect our families, our children, our communities, and our law 
enforcement officers, we must act now. I urge my colleagues to 
cosponsor the Junk Gun Violence Protection Act. I ask that the letter I 
received from Janice Rogers be printed in the Record.
  The letter follows:
                                                     May 15, 1996.
     Re Banning ``Junk Guns.''

     Barbara Boxer, U.S. Senator, 1700 Montgomery Street, Suite 
         240, San Francisco, California 94111.
     From: Ron & Janice Rogers.
       Dear Senator Boxer: We read with great interest about your 
     co-sponsoring legislation to prohibit the domestic 
     manufacture, transfer, and possession of Saturday Night 
     Specials. We would like to applaud your efforts to get these 
     weapons off of our streets. This topic holds very special 
     interest to us.
       My husband, Ron has been an officer with the California 
     Highway Patrol for thirteen years. On March 11, 1995, while 
     on duty, Ron stopped to assist a pedestrian waling on the 
     shoulder of a freeway in the city of Livermore. The 19-year-
     old pedestrian asked for a ride and Ron agreed to give him a 
     ride off of the freeway to a phone. Ron told him that he 
     would first have to check him for weapons prior to allowing 
     him to get in the patrol car. At this time, without warning, 
     the 19 year old pulled a Davis P-380 Auto Pistol he had 
     concealed in his pocket and shot Ron point-blank in the face. 
     The bullet entered the left side of Ron's face and exited the 
     right side of his neck. The trauma surgeons described the 
     bullet's path as miraculous in that it narrowly missed all 
     vital structures.
       The force of the gunshot knocked Ron down an embankment. 
     His assailant came down after him. Ron was not aware at that 
     time that he had been shot, but he knew that he had been 
     severely injured. Ron attempted to draw him duty weapon as 
     his assailant came down the embankment after him, but due to 
     nerve damage caused by the bullet's path, his right arm and 
     hand would not function. A struggle ensued as they tumbled to 
     the bottom of the embankment. His assailant straddled him and 
     as he pulled the slide back he told Ron he was going to kill 
     him. His assailant fired a second shot but fortunately the 
     barrel of the gun had become plugged with mud from the 
     struggle and the bullet lodged in the barrel. When the Davis 
     P-380 Auto Pistol malfunctioned, his assailant then began 
     striking Ron in the head and face with the handgun while 
     attempting to remove Ron's gun from its holster. As Ron 
     struggled to keep his assailant from gaining access to his 
     gun, he was struck over 30 times with the handgun, inflicting 
     severe lacerations and fracturing Ron's skull and all of his 
     facial bones.
       If it were not for the miraculous intervention of three 
     off-duty peace officers who stopped the assault and summoned 
     medical aid Ron would not be here today. The suspect, Larry 
     White is still in custody awaiting trial for attempted murder 
     of a peace officer. He has plead not guilty.
       Opponents to your legislation might claim that banning 
     these types of weapons won't stop criminal who choose to use 
     weapons. We believe that it is the mass production of these 
     poor quality weapons which effectively places these guns into 
     the hands of criminals. Criminals find these weapons 
     particularly appealing in that they are cheap and easy to 
     conceal. It is a well known fact that these junk guns need to 
     be used at close range in order to ensure accuracy and that 
     basically ensures severe if not fatal injuries.
       We are extremely concerned about the lack of responsibility 
     on the part of the gun's manufacturer for producing and 
     distributing a handgun which is clearly of insufficient 
     quality to be used for any sporting purpose, leaving its only 
     conceivable purpose to be for injuring or killing human being 
     at close range.
       We discussed the possibility of a lawsuit with our 
     attorney, but he and his associates were unprepared to 
     undertake such a novel case on a contingent fee basis and 
     believed that financing such litigation would be costly and 
     would likely carry and appeal to the U.S. Supreme Court. We 
     also contacted several of the lobbying organizations--Center 
     to Prevent Handgun Violence and Coalition to Stop Gun 
     Violence. Neither were willing to assist us in legal remedy 
     against Davis Industries after they discovered that the 
     serial numbers had been drilled off of the handgun.
       Over a year has passed since Ron's assault. Ron has endured 
     four reconstructive surgeries and months of agonizing 
     physical therapy. Just this week he was released back to full 
     duty. We would like to think that in surviving such an ordeal 
     that we could in some way make a difference. Our opportunity 
     to pursue legal action passed us by, but if there is anything 
     that we can do to further your cause, please don't hesitate 
     to contact us. We would like to assist you in anyway that we 
     can.
           Sincerely,
     Janice L. Rogers.

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