[Congressional Record Volume 144, Number 138 (Tuesday, October 6, 1998)]
[Senate]
[Page S11637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ONE GUN A MONTH FORUM

 Mr. LAUTENBERG. Mr. President, on September 2, I convened a 
forum on gun trafficking. Across America, it is simply too easy for 
criminals, particularly gangs, to purchase and distribute large numbers 
of guns. And more guns in the wrong hands means more murder and mayhem 
on our streets.
  Because we must move more aggressively to stop this deadly crime, I 
introduced S. 466, the Anti-Gun Trafficking Act. The testimony I heard 
at the forum has made me even more determined to pass this sensible 
legislation and help stop gun traffickers.
  In order to share the insights of the witnesses at the forum with my 
colleagues and the public, I am submitting the testimony presented for 
inclusion in the Congressional Record. Previously, I submitted the 
testimony of Mayor Edward Rendell, James and Sarah Brady from the 
Center to Prevent Handgun Violence and Handgun Control, and John 
Schuler, Kenisha Green and Quanita Favorite, three young people from 
the D.C. area.
  Today, I would like to submit a statement from Captain R. Lewis Vass, 
Commander of the Criminal Justice Information Services Division of the 
Virginia Department of State Police. His testimony bears witness to the 
success of Virginia's one-gun-in-thirty-day law which was enacted in 
1993. Since 1993, the number of crime guns traced back to Virginia from 
the Northeast dropped by nearly 40 percent. Prior to one-gun-a-month, 
Virginia had been among the leading suppliers of weapons to the so-
called ``Iron Pipeline'' that fed the arms race on the streets of 
Northeastern cities.
  Mr. President, I ask that the testimony of Captain R. Lewis Vass be 
printed in the Record.
  The testimony follows:

         Testimony of Captain R. Lewis Vass, September 2, 1998

       Senator Lautenberg, I am Captain Lewis Vass, Commander of 
     the Criminal Justice Information Services (CJIS) Division of 
     the Virginia Department of State Police. I have been a sworn 
     police officer with the Virginia State Police for the past 32 
     years. Since the enactment and implementation of Virginia's 
     instant check firearms purchase approval program in 1989, I 
     have been responsible for the administration and operation of 
     the Firearms Transaction Center. One of the functions of the 
     center is the tracking of multiple handgun sales and issuance 
     of multiple handgun purchase certificates approving or 
     denying the application to purchase more than one handgun 
     within a thirty-day period.
       I appear here today to speak with regard to Virginia's one-
     gun-in thirty-day law and the impact the law has had on gun 
     trafficking in Virginia.
       Prior to the enactment of Virginia's one handgun in thirty 
     day law, Virginia was described as one of the major source 
     states for illegal handguns being seized on the east coast. 
     Information provided by the Bureau of Alcohol, Tobacco and 
     Firearms regarding firearms seized from March to August of 
     1991 ranked Virginia as follows: New York Project Lead--(108 
     Firearms), Ranked Number One; District of Columbia Project 
     Lead)--(244 Firearms), Ranked Number One; Boston Project 
     Lead)--(14 Firearms) Ranked Number Three; Total Firearms--366 
     Firearms.
       In 1989, the Virginia General Assembly enacted legislation 
     which created Virginia's instant background system to address 
     the flow of firearms going to prohibited persons. This 
     system, even though it prevents prohibited persons from 
     purchasing firearms from federally licensed firearms dealers, 
     does not eliminate the flow of Virginia handguns being seized 
     in other states. The Virginia General Assembly studied this 
     issue and amended the law to reduce the flow of Virginia 
     handguns to other states. The law was revised in 1993, to 
     limit the number of handguns to one that a person could 
     purchased during any thirty day period. The law went into 
     effect on July 1, 1993, to address the growing problem of 
     handguns being purchased from Virginia's firearms dealers and 
     being seized by law enforcement authorities in other states 
     namely New York, New Jersey, Massachusetts and the District 
     of Columbia. Another issue that was addressed by enactment of 
     this legislation was the influx of narcotics into Virginia as 
     payment for the firearms being sold in other states. Even 
     when cash was used to purchase the firearms from the 
     trafficker, the trafficker in turn purchased narcotics for 
     sale on Virginia's streets.
       An example of illegal gun trafficking from Virginia to 
     states in the north eastern corridor involved a gun shop 
     located directly across the street from the Virginia State 
     Police headquarters. This was a mom-and-pop gun shop favored 
     by gun runners because of the ease in which firearms could be 
     obtained. During an investigation into illegal gun 
     trafficking, it was found that gun purchasers from New York 
     would come to Virginia and solicit the help of either street 
     people or college students possessing a valid Virginia 
     drivers license to purchase firearms for them for a small 
     fee. These ``straw purchasers'' would go into the gun shop 
     and purchase a box of guns, a box contains ten handguns. 
     The firearms would be turned over to the gun trafficker in 
     the parking lot of the store. Videos captured by ATF 
     agents during the investigation revealed that these types 
     of illegal transactions were conducted numerous times a 
     day almost every day of the week that the store was open.
       During February 1992, the owner of the gunshop cut to five 
     the maximum number of firearms transferred per purchase to 
     five at the conclusion of a case in which a trafficking group 
     moved 240 firearms from Virginia to New York, 85 percent or 
     approximately 204 of them from this gun shop.
       The investigation concluded with the arrest of the store 
     owners and closing of the firearms outlet.
       A Project Lead report released by ATF in 1992 reporting the 
     results of firearms traced to New York from January 1, 1992 
     through June 16, 1992 revealed that for 501 of 805 firearms 
     traces received the leading source states were as follows: 1. 
     Virginia--108 firearms, 20%; 2. Florida--92 firearms, 18%; 3. 
     Texas--39 firearms, 8%; 4. Connecticut--37 firearms, 7%; 5. 
     Ohio--34 firearms, 7%.
       A 1997 trace report released by ATF shows that the 
     percentage of firearms from Virginia seized in New York has 
     dropped to 12.5 percent as compared to 20 percent in 1992. 
     While Virginia remains the leading source state for firearms 
     seized in Washington, D.C., the percentage of firearms 
     recovered in D.C. has dropped from 35.1 percent in 1991 to 
     26.8 percent in 1997. Additionally, Virginia has dropped from 
     the number two source state in 1990 to number eight in 1997 
     for guns seized in Boston.
       The law was designed to stop the flow of handguns being 
     purchased for illegal purposes and transported out of state, 
     but not to impede the law-abiding citizens from purchasing 
     more than one handgun in thirty days. The statute was 
     designed with provisions for the purchase of multiple 
     handguns for collections by collectors, business use, 
     personal use and estate sales. An individual desiring to 
     purchase more than one handgun in thirty days is required to 
     complete a multiple handgun purchase application. The 
     application is submitted to the State Police and processed by 
     the Firearms Transaction Center (FTC). The FTC conducts an 
     enhanced background check on the applicant. If the applicant 
     is approved, he/she is issued a multiple handgun purchase 
     certificate which permits him to purchase the number and type 
     of handguns requested in the application. The FTC has issued 
     2,245 multiple handgun purchase certificates from July 1, 
     1993 to July 30, 1998 while denying 164 applications because 
     the applicant did not meet the multiple purchase requirements 
     or had already exceeded the limit for the thirty-day period.
       The one handgun in thirty days was studied by the Virginia 
     Crime Commission in 1995; copy attached. The results of that 
     study concluded that most gun control policies currently 
     being advocated in the United States (e.g., licensing, 
     registration, and one-gun-a-month) could, most fairly, be 
     described as efforts to limit the supply of guns available in 
     the illegal market. In other words, these are policies 
     crafted to keep guns from prescribed individuals. Once 
     enacted; however, it is important to demonstrate that they 
     are effective. This study, which is attached, looks at the 
     impact of Virginia's one-gun-a-month law, provides persuasive 
     evidence that a prohibition on the acquisition of more than 
     one handgun per month by an individual is an effective means 
     of disrupting the illegal interstate transfer of firearms.
       As a follow-up to this previous study, the Bureau of 
     Alcohol, Tobacco and Firearms provided this Department with 
     information on firearms seized on the east coast regarding 
     Virginia firearms. The information revealed that of the 
     firearms seized in 1997, 184 originated from Virginia. Of 
     that number, 87 of these firearms were obtained after the law 
     was enacted in July 1993. This demonstrates a significant 
     reduction from 366 firearms for six months in 1991 to 87 
     firearms in 12 months of 1997.
       We believe that Virginia's one handgun in thirty day law 
     has had its intended effect of reducing Virginia's status as 
     a source state for gun trafficking. At the same time, the law 
     does not appear to create an onerous burden for the law-
     abiding gun purchaser who apply for and are granted multiple 
     handgun purchase certificates. Even though there is not 
     conclusive evidence that the one-gun-in-thirty-days reduced 
     the number of violent criminal offenses occurring with 
     firearms, the number of Murders, Robberies and Aggravated 
     Assaults occurring with the use of a firearm has 
     significantly dropped since 1993 the year the one-gun-in-
     thirty-days was enacted.

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