[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11803-S11804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ONE GUN A MONTH FORUM

 Mr. LAUTENBERG. Mr. President, last month I convened a forum 
to investigate the problem of gun-trafficking. At the forum, we heard 
from a number of compelling witnesses and I have been submitting their 
testimony into the Record so that my colleagues and the public can 
benefit from their insights. Taken together, this testimony makes a 
compelling case for the Anti-Gun Trafficking Act, S. 466, which I 
introduced earlier this Congress.
  Today, I would like to submit the final testimony from this forum, 
that of Captain Thomas Bowers, Director of the Office of Crime Gun 
Enforcement for the Maryland State Police. Two years ago, the Maryland 
Legislature passed the Gun Violence Act of 1996, which restricted the 
purchase of handguns to one in a thirty day period. The results have 
already been dramatic. In fact, Maryland saw a 78 percent decrease in 
the number of handguns sold as a result of multiple purchases in the 
first year after the enactment of this law. This means fewer lethal 
weapons supplied to criminals in cities nationwide.
  I hope that my colleagues will work with me to pass this important 
piece of legislation. Keeping handguns out of the hands of criminals, 
and reducing the gun violence across our nation should be of paramount 
importance to all.
  Mr. President, I ask that the testimony of Captain Thomas Bowers be 
printed in the Record.
  The testimony follows:

                    Testimony of Capt. Thomas Bowers

       Senator Lautenberg, I am Captain Thomas Bowers, Director of 
     the Office of Crime Gun Enforcement for the Maryland State 
     Police.
       On behalf of Colonel David B. Mitchell, our superintendent, 
     thank you for the opportunity to address you today.
       The troopers seated behind me represent the subject matter 
     experts in the area of firearms enforcement.
       The Maryland State Police is the point of contact for 
     regulatory and criminal oversight of all regulated firearm 
     purchases in Maryland. In 1966, Maryland initiated an 
     application process to purchase handguns. This process 
     included a 7-day waiting period and a background check.
       In 1995, Governor Parris N. Glendening, Lieutenant Governor 
     Kathleen Kennedy Townsend, and Colonel Mitchell initiated a 
     comprehensive program entitled Operation Cease-Fire, one 
     element of the cease-fire initiative was the Maryland State 
     Police Firearms Investigation Unit. This unit provides the 
     ``front line'' response to the problem of firearms related 
     violence throughout the State of Maryland.
       The Firearms Investigation Unit was initially tasked with 
     the responsibility of enforcing Maryland's existing firearms 
     laws and, more importantly, identifying the source or sources 
     of firearms used in the commission of violent crimes.
       Through the work of the Firearms Investigation Unit and 
     information provided by the Bureau of Alcohol, Tobacco and 
     Firearms the straw purchase was identified as the major 
     source of crime guns in Maryland, even more significant, 
     based upon crime gun trace data from the city of Baltimore. 
     The straw purchase of firearms through multiple sales was 
     determined to be the source of the majority of regulated 
     firearms used in the commission of violent crime. Let me 
     repeat that the straw purchase of firearms through multiple 
     sales was determined to be the source of the majority of 
     regulated firearms used in the commission of violent crime.
       Each multiple straw purchase tells a dramatic story. I'd 
     like to give you two examples.
       1. The first is that of a 32-year old male who was 
     recruited by a drug organization to purchase 9 9mm semi-
     automatic handguns from a Maryland regulated firearms dealer. 
     Upon receipt of the handguns from the dealer, the young man 
     immediately provided them to a member of the hierarchy of the 
     drug organization who then distributed the handguns to drug 
     traffickers whom he controlled. Within a few weeks, two of 
     the 9mm handguns were used in two separate homicides.
       2. A second example is that of a young man who purchased 11 
     9mm and 45 caliber semi-automatic handguns from a Maryland 
     regulated firearms dealer. A short time later, the same 
     resident returned to the same regulated firearms dealer and 
     purchased 30 more semi-automatic handguns. An investigation 
     was initiated which revealed that all 41 semi-automatic 
     handguns were smuggled out of the United States and into the 
     country of Nigeria in violation of both United States and 
     Nigerian law.
       In 1996, through the efforts of Governor Glendening, the 
     Maryland legislature passed a comprehensive violence 
     reduction initiative entitled, The Gun Violence Act of 1996. 
     This act limited the purchase of a regulated firearm to one 
     in a 30-day period and also required a background check and 
     7-day waiting period for secondary sales of regulated 
     firearms between individuals. (Three charts; regulated 
     firearm definition, secondary sale definition, and secondary 
     sale regs.)
       Maryland's one gun a month law limits the number of 
     handguns an individual can purchase to only one during a 30-
     day period not per calendar month. There are codified 
     provisions for specific exceptions to the law. They are 
     enumerated on the chart displayed before you. (Two charts; 
     exceptions to one/month and Maryland State Police From 77M 
     (multiple purchase).
       (1) Residents may apply to the Maryland State Police to be 
     designated as private collectors.
       (2) Residents may purchase two handguns during a single 
     visit to a licensed gun dealer if the dealer has offered a 
     second handgun at a discount when purchased with the first. 
     Under this exception the resident cannot purchase another 
     handgun for 60 days.
       (3) Law enforcement agencies and licensed private security 
     organizations are exempt from the multiple purchase law when 
     purchasing handguns for use by their employees.
       (4) Residents may purchase more than one handgun if they 
     are part of a set or sequential serial numbers as in an 
     accepted collector series.
       (5) To facilitate the replacement of a firearm that was 
     lost or stolen with documentation from a law enforcement 
     agency.

[[Page S11804]]

       (6) To facilitate the replacement of a defective firearm by 
     the same regulated firearms dealer with 30 days of purchase.
       (7) Lastly the one gun in 30 days provision does not apply 
     to estate sales.
       As a result of this legislation, the number of firearms 
     acquired through multiple purchases have reduced 
     significantly.
       In addition, and perhaps most telling effect, is the 
     drastic decrease in the number of guns initially purchased in 
     Maryland that have been recovered as a result of crimes in 
     other States.
       By comparing the one year period prior to the enactment of 
     Maryland's multiple purchase legislation, which became 
     effective on October 1, 1996, with the year following its 
     enactment, you can clearly see the dramatic results (two 
     charts; multiple sales bar chart comparison, and multiple 
     sales graph)
       From October, 1, 1995, to September 30, 1996, 7,569 
     handguns were sold in Maryland, as a result of multiple 
     purchases.
       From October 1, 1996, to September 30, 1997, that number 
     was reduced to 1,618 handguns which were sold as a result of 
     multiple purchases, a seventy eight percent (78%) (59% 
     difference) reduction in firearms acquired through multiple 
     purchases.
       In 1991 Maryland was nationally ranked second in terms of 
     suppliers of crime guns to the city of New York. By 1997, one 
     year after the passage of Maryland's one gun a month law, 
     Maryland moved out of the top ten suppliers of crime guns to 
     New York City.
       Maryland is proud of it's proactive firearms legislation. 
     Our efforts to limit the supply of guns to the illegal market 
     without adversely impacting upon law abiding citizens are 
     strong and sincere. The multiple purchase allows for the 
     quick acquisition of large numbers of regulated firearms by 
     proscribed individuals. The one gun a month law in Maryland 
     has shown that it is an effective means of disrupting the 
     illegal diversion of firearms which are acquired through 
     multiple purchases and will ultimately reduce the supply of 
     firearms readily available to criminals.
       Thank you again for the opportunity to appear before you 
     today.

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