[Congressional Record Volume 144, Number 6 (Wednesday, February 4, 1998)]
[Extensions of Remarks]
[Page E94]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                KEEP GUNS OUT OF THE HANDS OF CRIMINALS

                                 ______
                                 

                        HON. WILLIAM F. GOODLING

                            of pennsylvania

                    in the house of representatives

                      Wednesday, February 4, 1998

  Mr. GOODLING. Mr. Speaker, today I am introducing legislation 
intended to keep firearms out of the hands of those convicted of 
misdemeanor drug offenses. Current federal law prohibits a person 
convicted of a felony crime involving drugs and firearms from owning a 
firearm. However, those convicted of lesser drug offenses can legally 
own a gun. My legislation would impose strict penalties and fines for 
misdemeanors during crimes such as use or possession of an illegal 
substance when a firearm is present. Similar to legislation I have 
introduced in the past, my bill has had the endorsement of the 
Pennsylvania Chiefs of Police and the National Association of Chiefs of 
Police.
  Quite simply, this bill would expand current law to treat individuals 
who commit less-serious drug offenses in the same manner as people 
involved in other drug crimes, such as drug trafficking. Those found 
guilty of simple possession of a controlled substance, and who 
possesses a firearm at the same time of the offense, will face 
mandatory jail time and/or substantial fines in addition to any penalty 
imposed for the drug offense. Mandatory jail time and fines would be 
required for second and subsequent offenses.
  The guilty party would be prohibited from owning a firearm for 5 
years. Exceptions could be granted depending upon the circumstances 
surrounding each individual's case. Current law states that a person 
convicted of a drug crime can petition to the Secretary of the Treasury 
for an exemption to the firearms prohibition provided it would not 
threaten public safety. This legislation will not affect a law-abiding 
citizen's right to own a firearm.
  By imposing stiff penalties on people convicted of lesser drug 
offenses where a firearm is present, we will send a serious message 
that the cost of engaging in this activity far outweighs the benefit. 
If my bill becomes law, individuals owning firearms for legitimate 
purposes (hunting, target-shooting, collecting, or personal protection) 
and who also engage in the use of illicit drugs, will think twice 
before participating in their drug-related endeavors, facing the 
prospect of enhanced penalties and the loss of their firearms.
  Mr. Speaker, the 104th Congress passed legislation that will prevent 
the early release of drug traffickers and provide increased enforcement 
on our borders to reduce drug trafficking. Last year, the House passed 
legislation to establish a program to support and encourage local 
communities who demonstrate a comprehensive, long-term commitment to 
reduce substance abuse among youth. I urge my colleagues to continue to 
focus its efforts on the drug war by passing this legislation in an 
effort to crack down on this criminal behavior. Drugs and guns are a 
lethal combination that must not be tolerated by a civilized nation.

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