[Congressional Record Volume 143, Number 51 (Friday, April 25, 1997)]
[Senate]
[Pages S3732-S3735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI (for himself and Mr. Durbin):
  S. 658. A bill to amend title 18, United States Code, to prohibit 
gunrunning, and provide mandatory minimum penalties for crimes related 
to gunrunning; to the Committee on the Judiciary.


                  THE GUN KINGPIN PENALTY ACT OF 1997

  Mr. TORRICELLI. Mr. President, I rise today, along with my colleague 
from Illinois Senator Durbin, to introduce the Gun Kingpin Penalty Act 
of 1997. In introducing this bill, Senator Durbin and I hope that our 
colleagues will soon join us in sending a clear and strong signal to 
gunrunners--your actions will no longer be tolerated.
  Mr. President, recent numbers gathered by the Bureau of Alcohol, 
Tobacco and Firearms clearly demonstrate what many of us already knew 
all too well--several key North-South highways in this country have 
become pipelines for merchants of death who deal in illegal firearms.
  My own State of New Jersey is proud to have some of the toughest gun 
control laws in the Nation. But for far too long, the courageous 
efforts of New Jersey citizens in enacting these tough laws have been 
weakened by out of State gunrunners who treat our State like their own 
personal retail outlet.
  We learned from the ATF data that in 1996, New Jersey exported fewer 
guns used in crimes, per capita, than any other State--less than 1 gun 
per 100,000 residents, or 75 total guns. In contrast, Mississippi 
exported 29 of these guns per capita last year.
  Meanwhile, an incredible number of guns used to commit crimes in New 
Jersey last year came from out of State--944 guns were imported and 
used to commit crimes compared to only 75 exported--a net import of 869 
illegal guns used to commit crimes against the people of New Jersey. In 
fact, the top six exporters of illegal guns used to commit crimes in 
New Jersey supplied 62 pecent of the guns--585--and only one of those 
six States--North Carolina--has strong gun control laws.
  This represents a one way street--guns come from States with lax gun 
laws straight to States, like New Jersey, with strong laws.
  It is clear that New Jersey's strong gun control laws offer criminals 
little choice but to import their guns from States with weak laws. We 
must act on a Federal level to send a clear message that this cannot 
continue and will not be tolerated.
  Mr. President, once again this year Senator Lautenberg and I have 
introduced our one-gun-a-month bill, which would go a long way toward 
preventing bulk sales and massive trafficking in firearms.
  But today's bill is the next logical step--hitting illegal 
traffickers where it hurts with tough mandatory minimum sentences that 
will get these gunrunners off our streets.
  The Gun Kingpin Penalty Act of 1997 would create a new Federal 
gunrunning offense for any person who, within a 12-month period, 
transports more than five guns to another State with the intent of 
transferring all of the weapons to another person. The act would 
establish mandatory minimum penalties for gunrunning as follows:
  A mandatory 3-year minimum sentence for a first offense involving 5 
to 50 guns; a mandatory 5-year minimum

[[Page S3733]]

sentence for second offense involving 5 to 50 guns; and a mandatory 15-
year minimum sentence for any offense involving more than 50 guns.
  Additionally, the bill contains two blood-on-the-hands provisions, 
which will significantly increase penalties for a gunrunner who 
transfers a gun subsequently used to seriously injure or kill another 
person. A mandatory 10-year minimum sentence is required if one of the 
smuggled guns is used within 3 years to kill or seriously injure 
another person. And a mandatory 25-year minimum sentence must be 
imposed if one of the smuggled guns is used within 3 years to kill or 
seriously injure another person and more than 50 guns were smuggled.
  Finally, our bill adds numerous gunrunning crimes as RICO predicates, 
and authorizes 200 additional Treasury personnel to enforce the act--
Congress must provide law enforcement with the resources to enforce the 
laws we pass.
  The fight against gun violence is a long-term, many-staged process. 
We succeeded in enacting the Brady bill and the ban on devastating 
assault weapons. Last year, we told domestic violence offenders that 
they could no longer own a gun.
  And these laws have been effective: 186,000 prohibited individuals 
have already been denied a handgun due to Brady background checks. Some 
70 percent of these people were convicted or indicted felons.
  Traces of assault weapons have plummeted since the ban, and prices 
have gone up. And not a single law enforcement officer has been killed 
with an assault weapon in over a year.
  Mr. President, I will soon be introducing a companion piece to this 
legislation--the Gun Kingpin Death Penalty Act of 1997. That bill, 
modeled after the drug kingpin legislation passed by Congress several 
years ago, will allow for the Federal death penalty if a gunrunning 
kingpin commits murder in the course of his or her operations. As I 
said before, this is a many-staged fight, and we can never rest when it 
comes to gun violence.
  This problem will not just go away, and we cannot standby and watch 
as innocent men, women, and children die at the hands of criminals 
armed with these guns. I urge my colleagues to support this bill, and I 
ask that the full text of the legislation be printed in the Record 
following this statement. I yield the floor to my friend from Illinois 
Senator Durbin.
  Mr. DURBIN. Mr. President, I thank the distinguished Senator from New 
Jersey and join him today in introducing the Gun Kingpin Penalty Act of 
1997.
  Mr. President, Interstate 55 runs straight through Mississippi to 
Memphis and St. Louis before veering northeast into Springfield and 
Chicago. And, in addition to carrying cars with their passengers and 
trucks with their cargo, I-55 is a firearm freeway into my home State. 
Gunrunners ship trunkloads of guns up I-55 for use by criminals.
  Two years ago, one of those guns--that probably came into Illinois 
via I-55--was used to shoot Chicago Police Officer Daniel Doffyn in the 
head. Officer Doffyn was fresh out of the police academy. He was out on 
a burglary call, and a Tec-9 from Mississippi killed him.
  The legislation Senator Torricelli and I introduce today lets 
everyone know that we are committed to closing down the illegal 
gunrunning operations that put that Tec-9 into the hands of the man who 
killed Daniel Doffyn.
  And let no one underestimate the deadly impact of gunrunning across 
State lines. My home State of Illinois has tough gun laws. The local 
firearms dealers, police, and licensing authorities work hard to make 
sure that felons cannot go into a store and buy guns. They also work 
hard to keep the illegal gun market under control.
  But we have learned that one State alone cannot overpower the illegal 
gun market. Earlier this year we obtained data from the Bureau of 
Alcohol, Tobacco and Firearms detailing the results of their efforts to 
trace guns used in crimes. We analyzed that data and produced a report. 
That report concluded that:
  First, guns used in crimes are most likely to come from just a few 
States with relatively weak gun control laws. Of the traceable guns 
used nationwide in crimes, 16,635 of the 47,068, or 35 percent, were 
out-of-State guns.
  Second, in States with strong gun laws, criminals obtain many of 
their guns from other States with weaker gun laws.
  Third, in States with lax gun laws, criminals obtain the majority of 
their guns from their home State.
  Fourth, the trafficking of guns moves primarily in one direction; 
from States with weak gun laws to States with tough gun laws.
  Fifth, when neighboring States have different levels of gun control 
laws, the State with lax laws floods its stricter neighbor with guns.
  In Illinois we can see how these conclusions play out. Illinois is a 
net traced-guns importer. In 1996, Illinois accounted for a total of 
399 crime guns traced in all the other States combined. However, 1,596 
guns from out of State were traced to crimes in Illinois. Thirty-five 
percent of the guns traced from crimes in Illinois were from out of 
State. And 10 percent of the guns traced from crimes in Illinois were 
from Alabama, Mississippi, and Texas. Mississippi is the top supplier 
of out-of-State guns to Illinois, 306, and Wisconsin, 75. In contrast, 
Illinois exported only two guns traced to crime in Mississippi.
  In Mississppi, 268 guns involved in a crime were traced right back to 
Mississippi. In contrast, 306 Mississippi guns were traced to crimes in 
Illinois. Overall, Illinois pays a heavier price for Mississippi's lax 
gun control laws than Mississippi does.
  In contrast to the weak gun law States, Illinois has tough gun laws. 
That's why per capita, Illinois barely plays a role in the gunrunning 
business. States with laxer gun control laws are acting as exporters to 
Illinois. Illinois accounted for 2 percent of the gun exports traced in 
crimes in other States. In contrast, Texas and Florida accounted for 
almost 14 percent of those gun exports.
  Mr. President, I believe that it is time to shut down the firearms 
freeway to Illinois. That is why I am happy to sponsor this bill. This 
measure will let everyone know that we are quite serious about this, 
that the gunrunning black market is not just a harmless little business 
venture. People who run trunkloads of guns into another State are doing 
so for the sole purpose of making money off selling guns to people they 
know intend to use the gun in crime. This bill provides for a 3-year 
mandatory minimum for gunrunners. And the penalties will go up with the 
number of guns. If you run 50 guns, the penalty is 15 years. This 
legislation also makes gunrunning a RICO or racketeering predicate. 
With this tool in place, we can shut down entire gunrunning syndicates.
  I believe that we should all easily support this measure. It is aimed 
at taking guns out of the hands of criminals.
  Mr. President, I ask unanimous consent that the text of the bill and 
additional material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 658

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gun Kingpin Penalty Act''.

     SEC. 2. PROHIBITION AGAINST GUNRUNNING.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (x) the following:
       ``(y) It shall be unlawful for a person not licensed under 
     section 923 to ship or transport, or conspire to ship or 
     transport, 5 or more firearms from a State into another State 
     during any period of 12 consecutive months, with the intent 
     to transfer all of such firearms to another person who is not 
     so licensed.''.

     SEC. 3. MANDATORY MINIMUM PENALTIES FOR CRIMES RELATED TO 
                   GUNRUNNING.

       Section 924 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(p)(1)(A)(i) Whoever violates section 922(y) shall, 
     except as otherwise provided in this subsection, be 
     imprisoned not less than 3 years, and may be fined under this 
     title.
       ``(ii) In the case of a person's second or subsequent 
     violation described in clause (i), the term of imprisonment 
     shall be not less than 5 years.
       ``(B) If a firearm which is shipped or transported in 
     violation of section 922(y) is used subsequently by the 
     person to whom shipped or transported, or by any person 
     within 3 years after the shipment or transportation, in an 
     offense in which a person is killed or

[[Page S3734]]

     suffers serious bodily injury, the term of imprisonment for 
     the violation shall be not less than 10 years.
       ``(C) If more than 50 firearms are the subject of a 
     violation of section 922(y), the term of imprisonment for the 
     violation shall be not less than 15 years.
       ``(D) If more than 50 firearms are the subject of a 
     violation of section 922(y) and 1 of the firearms is used 
     subsequently by the person to whom shipped or transported, or 
     by any person within 3 years after the shipment or 
     transportation, in an offense in which a person is killed or 
     suffers serious bodily injury, the term of imprisonment for 
     the violation shall be not less than 25 years.
       ``(2) Notwithstanding any other provision of law, the court 
     shall not impose a probationary sentence or suspend the 
     sentence of a person convicted of a violation of this 
     subsection, nor shall any term of imprisonment imposed on a 
     person under this subsection run concurrently with any other 
     term of imprisonment imposed on the person by a court of the 
     United States.''.

     SEC. 4. CRIMES RELATED TO GUNRUNNING MADE PREDICATE OFFENSES 
                   UNDER RICO.

       Section 1961(1)(B) of title 18, United States Code, is 
     amended by inserting ``section 922(a)(1)(A) (relating to 
     unlicensed importation, manufacture, or dealing in firearms), 
     section 92(a)(3) (relating to interstate transportation or 
     receipt of firearm), section 922(a)(5) (relating to transfer 
     of firearm to person from another State), or section 
     922(a)(6) (relating to false statements made in acquisition 
     of firearm or ammunition from licensee), section 922(d) 
     (relating to disposition of firearm of ammunition to a 
     prohibited person), section 922(g) (relating to receipt of 
     firearm or ammunition by a prohibited person), section 922(h) 
     (relating to possession of firearm or ammunition on behalf of 
     a prohibited person), section 922(i) (relating to 
     transportation of stolen firearm or ammunition), section 
     922(j) (relating to receipt of stolen firearm or ammunition), 
     section 922(k) (relating to transportation or receipt of 
     firearm with altered serial number), section 922(y) (relating 
     to gunrunning), section 924(b) (relating to shipment or 
     receipt of firearm for use in a crime),'' before ``section 
     1028''.

     SEC. 5. ENFORCEMENT.

       The Secretary of the Treasury may hire and employ 200 
     personnel, in addition to any personnel hired and employed by 
     the Department of the Treasury under other law, to enforce 
     the amendments made by this Act, notwithstanding any 
     limitations imposed by or under the Federal Workforce 
     Restructuring Act.
                                  ____


 War Between the States: How Gunrunners Smuggle Weapons Across America


  summary of ``war between the states: how gunrunners smuggle weapons 
                            across america''

       This report examines the deadly commerce practiced by 
     interstate gunrunners. These profiteers legally buy weapons 
     in a state with mild gun laws, and then sell them illegally 
     in another state with tough rules.
       When these smugglers load up their car trunks with piles of 
     lethal merchandise, they transfer countless weapons from 
     legitimate commerce to the black market--and the guns often 
     end up in criminals' hands.
       A handful of states like Mississippi and Florida are 
     typical shopping stops for the nation's gunrunners, who then 
     sell the weapons in states like New York, New Jersey, and 
     Illinois--the losers in this deadly game of firearms 
     smuggling.
       The five worst offenders per capita are Mississippi, South 
     Carolina, West Virginia, Nevada, and Kansas.
       Several interstate highways are ``firearms freeways''--
     favorite smuggling routes for gunrunners. Illegally 
     transported guns head north up I-95 from Florida, Georgia and 
     South Carolina to New York, New Jersey and Massachusetts, or 
     north from Mississippi along I-55 to Illinois.
       This independent analysis of data on 1996 firearms traces 
     makes several trends crystal clear:
       1. Gunrunners' bazaars: Guns used in crimes are most likely 
     to come from just a few states with relatively weak gun 
     control laws. Just the top four states--Florida, Texas, South 
     Carolina, and Georgia--account for a quarter of the traces. 
     This trend is even more stark when analyzed based on 
     population: several small states provide far more than their 
     share of guns to criminals, and these states have 
     particularly weak laws.
       2. Home sweet home: In states with strong gun laws, 
     criminals obtain the majority of their guns from other 
     states; in states with weaker gun laws, criminals obtain the 
     majority of their guns locally.
       3. One-way streets: Illicit traffic along the ``firearms 
     freeways'' moves only in one direction: from states with less 
     gun control to those with more.
       4. Love thy neighbor: When neighboring states have 
     different approaches to firearms regulation, the state with 
     lax laws floods its stricter neighbor with guns that are used 
     in crime.
       These clear patterns show the urgent need for a nationwide 
     effort to stop gun smuggling between states. In particular, 
     Congressman Schumer is proposing tough new federal penalties 
     for gunrunning crimes and increased resources for 
     investigations of firearms trafficking.


               findings: gunrunning is a national problem

       The tables that follow this page tell the story of a 
     thriving illegal trade that crisscrosses the nation. The 
     customers for this business are street gangs and murderers, 
     drug dealers and muggers. The salespeople are interstate 
     gunrunners who exploit the discrepancies in different states' 
     gun laws to supply weapons on the black market. And the 
     suppliers are states where gun laws get a failing grade.

                   Table 1: Guns crossing State lines

       Table 1 shows how many guns sold in a particular state were 
     traced to crimes in other states by the federal Bureau of 
     Alcohol, Tobacco, and Firearms in 1996.
       The table demonstrates how lopsided these figures are. The 
     two states that provide the most guns to criminals in other 
     states--Florida (1,243) and Texas (1,068)--account for almost 
     14% of all such traces, and the top four states account for a 
     quarter. A majority of the out-of-state guns (54.2%) come 
     from just the top ten states--more than the other 40 states 
     and Washington, DC combined.
       Note that the numbers in Table 1 account for all guns 
     recovered by law enforcement and traced, not all guns used in 
     crimes. In reality, these states are selling far more guns to 
     criminals than indicated on the table.

             Table 2: Guns crossing State lines per capita

       Table 2 adjusts for population, more clearly demonstrating 
     the link between weak gun laws and the sale of guns used in 
     other states' crimes.
       The ``export rate'' shows how many guns were traced from 
     crimes elsewhere per 100,000 state residents. In other words, 
     for every 100,000 Mississippi residents, 29 guns were sold in 
     Mississippi and traced to crimes in another state. For every 
     100,000 New Yorkers, 1.19 guns were sent to out-of-state 
     criminals.
       Each state was rated on how strongly its rules crack down 
     on gunrunners' easy access to weapons. The ratings of state 
     gun laws are explained more fully in an appendix. Overall, 27 
     of the states are rated ``very weak'' because they have no 
     significant restrictions beyond those required under federal 
     regulation, such as the Brady Law. Four of the states were 
     rated ``weak,'' four ``moderate,'' six ``strong,'' and ten 
     ``very strong.''
       By controlling for population, Table 2 underscores the 
     dramatic impact of state gun laws on gun trafficking 
     patterns. None of the top ten states on Table 2 had 
     ``strong'' or ``very strong'' ratings. Six of the ten are 
     ``very weak.''

             TABLE 1.--CRIME GUNS CROSSING STATE LINES--1996
 [State-by-State breakdown of guns used in out-of-State crimes by place
                             of origination]
------------------------------------------------------------------------
                                                                  Total
            Rank                            State                exports
------------------------------------------------------------------------
1...........................  Florida.........................     1,243
2...........................  Texas...........................     1,068
3...........................  South Carolina..................       992
4...........................  Georgia.........................       939
5...........................  Virginia........................       924
6...........................  California......................       828
7...........................  Ohio............................       823
8...........................  Mississippi.....................       782
9...........................  North Carolina..................       752
10..........................  Indiana.........................       665
11..........................  Pennsylvania....................       532
12..........................  Alabama.........................       516
13..........................  Arizona.........................       487
14..........................  Maryland........................       457
15..........................  Kentucky........................       428
16..........................  Illinois........................       399
17..........................  Kansas..........................       364
18..........................  Louisiana.......................       339
19..........................  Tennessee.......................       317
20..........................  West Virginia...................       286
21..........................  Arkansas........................       279
22..........................  Oklahoma........................       262
23..........................  Nevada..........................       230
24..........................  Wisconsin.......................       224
25..........................  Washington......................       223
26..........................  Colorado........................       216
27..........................  New York........................       215
28..........................  Michigan........................       200
29..........................  Missouri........................       155
30..........................  New Mexico......................       152
31..........................  Connecticut.....................       134
32..........................  Oregon..........................       116
33..........................  Minnesota.......................       106
34..........................  Iowa............................        99
35..........................  Idaho...........................        94
36..........................  Massachusetts...................        90
37..........................  New Hampshire...................        79
38..........................  New Jersey......................        75
39..........................  Delaware........................        74
40..........................  Utah............................        69
41..........................  Alaska..........................        68
42..........................  Maine...........................        62
43..........................  Montana.........................        58
44..........................  Nebraska........................        54
45..........................  Vermont.........................        46
46..........................  South Dakota....................        45
47..........................  Wyoming.........................        31
48 (Tie)....................  District of Columbia............        18
                              Rhode Island....................        18
50 (Tie)....................  North Dakota....................        15
                              Hawaii..........................        15
                             -------------------------------------------
                                    U.S. total exports........   16,663
------------------------------------------------------------------------
Source: Bureau of Alcohol, Tobacco, and Firearms.


       TABLE 2.--CRIME GUNS CROSSING STATE LINES--PER CAPITA--1996
 [Number of guns used in out-of-State crimes by place of origination per
                           100,000 residents]
------------------------------------------------------------------------
                                                                  Export
       Rank                   State                 Rating         rate
------------------------------------------------------------------------
1................  Mississippi...............  VW                  29.00
2................  South Carolina............  M                   27.01
3................  West Virginia.............  VW                  15.65
4................  Nevada....................  VW                  15.03
5................  Kansas....................  VW                  14.19
6................  Virginia..................  W                   13.96
7................  Georgia...................  VW                  13.04
8................  Alabama...................  M                   12.13
9................  Arizona...................  VW                  11.55
10...............  Indiana...................  M                   11.45
11...............  Alaska....................  VW                  11.26
12...............  Arkansas..................  VW                  11.23
13...............  Kentucky..................  VW                  11.09
14...............  North Carolina............  VS                  10.45
15...............  Delaware..................  VW                  10.32
16...............  Maryland..................  S                    9.06
17...............  New Mexico................  VW                   9.02
18...............  Florida...................  VW                   8.65
19...............  Idaho.....................  VW                   8.08
20...............  Oklahoma..................  VW                   7.99

[[Page S3735]]

 
21...............  Vermont...................  VW                   7.86
22...............  Louisiana.................  VW                   7.81
23...............  Ohio......................  VW                   7.38
24...............  New Hampshire.............  W                    6.88
25...............  Montana...................  VW                   6.67
26...............  Wyoming...................  VW                   6.46
27...............  South Dakota..............  VW                   6.17
28...............  Tennessee.................  W                    6.03
29...............  Colorado..................  VW                   5.76
30...............  Texas.....................  VW                   5.70
31...............  Maine.....................  VW                   5.00
32...............  Pennsylvania..............  M                    4.41
33...............  Wisconsin.................  VW                   4.37
34...............  Washington................  W                    4.11
35...............  Connecticut...............  VS                   4.09
36...............  Oregon....................  VW                   3.69
37...............  Utah......................  VW                   3.54
38...............  Iowa......................  S                    3.48
39...............  Illinois..................  VS                   3.37
40...............  Nebraska..................  S                    3.30
41...............  District of Columbia......  VS                   3.25
42...............  Missouri..................  S                    2.91
43...............  California................  S                    2.62
44...............  North Dakota..............  VW                   2.34
45...............  Minnesota.................  VS                   2.30
46...............  Michigan..................  VS                   2.09
47...............  Rhode Island..............  S                    1.82
48...............  Massachusetts.............  VS                   1.48
49...............  Hawaii....................  VS                   1.26
50...............  New York..................  VS                   1.19
51...............  New Jersey................  VS                   0.94
                  ------------------------------------------------------
                         U.S. Average........  ................     6.33
------------------------------------------------------------------------
Rating Legend: VS: Very Strong; S: Strong; M: Moderate; W: Weak; VW:
  Very Weak.
 
Source: Bureau of Alcohol, Tobacco and Firearms.

trend 1: gunrunners' bazaars--states with weak laws supply the bulk of 
                               crime guns

       Many states with weak gun control laws are giant bazaars 
     for gunrunners--and those with tough laws sell very few guns 
     used in other states' crimes. The medium-sized and large 
     states that dominate the top of Table 1 are responsible for a 
     vast proportion of the guns traced to crimes across the 
     country.
       The top two states, Florida and Texas, supplied 14% of the 
     guns traced to crime in other states. These two states along 
     with South Carolina and Georgia account for a quarter of the 
     traces.
       A majority of the guns traced across state lines in 1996 
     (54.2%) came from just the top ten states--more than the 
     other 40 states and Washington, DC combined. Five of these 
     states have gun laws rated ``very weak'' (Florida, Texas, 
     Georgia, Ohio, and Mississippi).
       In contrast, New York, New Jersey, Michigan and Minnesota, 
     four very large states with strong gun laws, accounted for 
     only 3.6% of those out-of-state guns.
       Top-ranked Florida dealers sold about as many guns traced 
     to crime in other states (1,243) as did ten other medium-
     sized or large states combined: New York (215), Michigan 
     (200), Missouri (155), Connecticut (134), Oregon (116), 
     Minnesota (106), Iowa (99), Massachusetts (90), New Jersey 
     (75), and Nebraska (54).
       By controlling the data for population, Table 2 
     demonstrates how weak gun laws attract gunrunners. Analyzing 
     the data on a per capita basis demonstrates that even quite 
     small states can be mother lodes for gunrunners--if their 
     laws are accommodating.
       Adjusted for population, Mississippi supplied the most guns 
     traced to other states' crimes. The explanation: except for 
     some limitations on juveniles, Mississippi has no significant 
     gun control laws of its own. Mississippi was closely followed 
     as a gun-providing state by South Carolina, West Virginia, 
     Nevada, and Kansas. Three of these four states have gun 
     control laws just as weak as Mississippi.
       On a per capita basis, the fewest out-of-state guns came 
     from New Jersey, New York, Hawaii, Massachusetts, Rhode 
     Island, Michigan and Minnesota. All these states except Rhode 
     Island were rated ``very strong;'' Rhode Island's laws are 
     ``strong.''
       A gun traced to crime is twenty-five times more likely per 
     capita to come from Mississippi or South Carolina than from 
     New York or New Jersey.
       Although New York's population is seven times larger than 
     Mississippi, Mississippi had three times more out-of-state 
     traces than New York.


TREND 2: HOME SWEET HOME--In States With Lax Laws, More Crime Guns Come 
                             From In-State

       In states with weak gun laws, criminals can shop at their 
     neighborhood gun store. By contrast, criminals in states with 
     tough gun control laws must obtain out-of-state guns on the 
     black market to perpetrate violent crimes.
       More than three quarters of the gun traces from crimes in 
     South Carolina, Mississippi, Georgia, Florida, Kansas, Ohio 
     and Texas lead back to dealers in the same state.
       Less than one quarter of the guns traced from crimes in New 
     York (23.5%), New Jersey (21.2%) were bought in these states, 
     which have strict laws.
       A majority (53%) of the crime guns traced to states with 
     ``very strong'' laws were purchased out-of-state. There were 
     13,760 guns traced to crimes in these 10 states (New Jersey, 
     New York, Hawaii, Massachusetts, Michigan, the District of 
     Columbia, Illinois, Connecticut, and North Carolina).
       Less than a quarter (23%) of the crime guns traced to 
     states with ``very weak'' laws were purchased out-of-state. 
     There were 15,046 guns traced to crimes in 26 of these states 
     (data for West Virginia was incomplete and not included in 
     this figure).


    TREND 3: ONE-WAY STREETS--``Firearm Freeways'' Move In Only One 
                               Direction

       The data shows how gunrunners use major interstate highways 
     as their smuggling routes. It also shows how those routes 
     move primarily in one direction--from states with less 
     stringent gun control to those with stricter rules.
       I-95: The Most Travelled Highway in America Extends from 
     Southern Florida to Northernmost Maine:
       North Carolina, South Carolina, Georgia, and Florida--the 
     four southernmost states on I-95--were the source of 1,199 
     guns traced to crimes in the nine northeast states from 
     Pennsylvania to Maine. These same nine northeastern states 
     accounted for a total of just 64 guns traced to the four 
     southeastern states--95% fewer.
       702 guns bought in South Carolina, Georgia, or Florida were 
     traced to crimes in New York or New Jersey. On the other 
     hand, just 11 guns bought in New York or New Jersey were 
     traced to crimes in South Carolina, Georgia, or Florida.
       Despite distance of 1,200 miles, Florida was the largest 
     supplier of out-of-state guns traced to crimes in 
     Massachusetts (40 gun traces). In contrast, just three guns 
     from Florida crimes came from Massachusetts. Georgia was the 
     second biggest source for Massachusetts, sending 30 guns to 
     the Bay State, while not a single trace from any Georgia 
     crime led back to Massachusetts.
       I-55: Beginning in New Orleans, I-55 Runs Alongside the 
     Mississippi River to Jackson, Memphis and St. Louis before 
     Veering East to Springfield and Chicago:
       Mississippi is the top supplier of out-of-state guns to 
     Illinois (306) and Wisconsin (75). Illinois and Wisconsin are 
     home to only four guns traced to crime in Mississippi.
       Of all the guns traced to Mississippi, there were more 
     linked to crimes hundreds of miles away in Illinois (306) 
     than at home in Mississippi (268).
       Louisiana sold 89 guns traced to crimes in Illinois, 
     Michigan, Missouri, and Wisconsin. These four states combined 
     sent just six guns down to Louisiana.


  trend 4: love thy neighbor--the borders between some states are hot 
                          zones for gunrunners

       When a state with loose gun laws borders on one with 
     stricter rules, the lax state floods the tough neighbor with 
     firearms.
       Kansas: Dealers in Kansas sold 238 guns that were traced to 
     crime in Missouri. Missouri, which has a gun permit 
     requirement rated ``strong,'' sent only three crime guns back 
     across the border to Kansas.
       South Carolina: Dealers in South Carolina sold 430 guns 
     that were traced to crimes in North Carolina. North Carolina, 
     which has much stricter gun control laws, is home to only two 
     guns traced to crimes in South Carolina.
       Ohio: Ohio is perhaps the gunrunners' favorite northern 
     state, spreading firearms to criminals throughout the region. 
     Ohio sold 235 guns that went north to Michigan criminals, but 
     only 26 traces went the other way from Michigan dealers to 
     Ohio criminals. Similarly, Ohio was the source of 226 guns 
     traced to crimes in Pennsylvania, Maryland, New York, New 
     Jersey and the District. These five jurisdictions were the 
     source of just 24 guns traced to crimes in Ohio.
       Indiana: While 306 guns from Indiana were traced to crimes 
     in Illinois, only 41 Illinois guns were traced to crimes in 
     Indiana. Hoosier gun dealers also sold 50 guns traced from 
     Wisconsin (which sent 22 to Indiana) and 77 to Michigan 
     (which sent 17 to Indiana).


                            notes on sources

       This study analyzes the 47,068 guns which the federal 
     Bureau of Alcohol, Tobacco and Firearms (ATF) traced to a 
     final retail purchaser in 1996. ATF traces firearms at the 
     request of law enforcement agencies; not all firearms seized 
     in crimes are traced, and some are traced by local 
     authorities rather than by ATF. ATF supplied raw data at 
     Congressman Charles Schumer's request and did not contribute 
     to the analysis contained in this report.
       Of all the traces, 16,663--35%--were used in crimes outside 
     of the state where they were bought. This subset was used for 
     analysis on ``out-of-state'' guns.
       Handgun Control, Inc. provided summaries of state laws on 
     gun control, but bears no responsibility for the rankings. 
     Supplementary information was obtained from law enforcement 
     authorities or government offices in various states.
       Population data was based on the 1995 Census as reported in 
     the ``Statistical Abstract of the United States.''
                                 ______