[Congressional Record Volume 145, Number 74 (Thursday, May 20, 1999)]
[Extensions of Remarks]
[Page E1035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E1035]]



                       DRUGS AND GUNS ACT OF 1999

                                 ______
                                 

                        HON. WILLIAM F. GOODLING

                            of pennsylvania

                    in the house of representatives

                         Thursday, May 20, 1999

  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 simple, 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 to provide 
increased enforcement on our borders to reduce drug trafficking, and 
the 105th Congress passed the ``Drug-Free Communities Act,'' to 
establish a program to support and encourage local communities who 
demonstrate a comprehensive, long-term commitment to reduce substance 
abuse among youth. Both measures became law. 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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