[Congressional Record Volume 149, Number 176 (Tuesday, December 9, 2003)]
[Extensions of Remarks]
[Pages E2548-E2549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROTECTING PUBLIC SAFETY IS AT THE HEART OF GUN PURCHASE BACKGROUND 
                                RECORDS

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                        Monday, December 8, 2003

  Mr. WOLF. Mr. Speaker, I want to provide some additional information 
to follow up on my Record statement of November 25 regarding the 
provision in the FY 2004 omnibus spending bill which would require the 
destruction of background records checks 24 hours after a gun purchase.
  I submit for the Record letters from two law enforcement officers 
groups who share my deep concerns about the impact on public safety of 
changing the current 90-day period for retaining data related to 
firearms purchase and approval. The Federal Bureau of Investigation 
Agents Association, wrote: ``The more the retention period is reduced, 
the more difficult it would become to use the paperwork to investigate 
or prosecute crimes related to the use of sales of the firearms in 
question. Any such efforts can only complicate the already difficult 
task of law enforcement and jeopardize public safety.''
         Federal Bureau of Investigation, Agents Association,
                                                November 25, 2003.
     Re Issues Related to Retention of Firearms Paperwork.

     Hon. Frank Wolf,
     Chairman, Subcommittee on Commerce, Justice, State, and 
         Judiciary Appropriations Committee, H-309 Capitol 
         Washington, DC.
       Dear Chairman Wolf: On behalf of the FBI Agents Association 
     (FBIAA), I am writing to express the FBIAA's concerns 
     regarding the possibility of an appropriations rider that 
     might reduce the current 90-day retention period for data 
     related to firearms sales and approval. The FBIAA is a non-
     governmental professional association with a membership of 
     nearly 9,000 current and more than 2,000 retired FBI agents 
     nationwide; neither the FBIAA nor I speak for the official 
     FBI.
       While the FBIAA certainly understands and appreciates the 
     civil liberties concerns related to firearms registration and 
     the retention of paperwork related to background checks, we 
     think the current 90-day retention period strikes the proper 
     balance between civil liberties and crime control. To date, 
     we are not aware of any problems associated with the current 
     system. The more the retention period is reduced, the more 
     difficult it would become to use the paperwork to investigate 
     or prosecute crimes related to the use or sales of the 
     firearms in question. Any such efforts can only complicate 
     the already difficult task of law enforcement and jeopardize 
     public safety.
       We would be happy to further communicate with you on this 
     or any other issue. As Congress moves forward in the 
     appropriations process, we ask that you thoroughly review any 
     rider attempt that may limit the ability of law enforcement 
     officers to perform effective, fair, and timely 
     investigations.
           Very truly yours,
                                            Fred Bragg, President.
  The International Association of Chiefs of Police, which first raised 
concerns about changing the time background records are maintained in a 
letter in 2001, continues to stand by that statement, which said: ``We 
believe that decreasing the amount of time the purchase records are 
kept will weaken the background check system and allow more criminals 
to illegally obtain weapons.''
                                      International Association of


                                             Chiefs of Police,

                                Alexandria, VA, September 4, 2001.
     Mr. Timothy Munson,
     Section Chief, Federal Bureau of Investigation, Module A-3,
     Clarksburg, WV.
       Dear Mr. Munson: The International Association of Chiefs of 
     Police (1ACP) appreciates the opportunity to comment an the 
     proposed rule that would reduce the amount of time that the 
     Federal Bureau of Investigations (FBI) maintains National 
     Instant Criminal Background Check System (NTCS) records on 
     approved purchases from 90 days to one business day. The IACP 
     is world's oldest and largest association of law enforcement 
     executives with more than 18,000 members in 100 countries.
       The IACP believes that the 90-day retention period should 
     not be shortened. Decreasing the retention period of these 
     records to one business day will not provide law enforcement 
     with sufficient time to perform the necessary audits on the 
     NCCS system as established by the Brady Act.
       In March 1999, the Department of Justice issued a proposed 
     rule to (adore the retention period from 180 days to 90 days. 
     They concluded that 90 days was the ``shortest practicable 
     period of time for retaining records of allowed transfers 
     that would permit the performance of basic security audits'' 
     of the NICS system. However; the Justice Department also 
     acknowledged that law enforcement and the FBI's Advisory 
     Policy Board had instead sought to increase the record 
     retention period from 180 days to one year,
       The FBI has stated than it requires at least 90 days to 
     audit the records in order to ensure the accuracy and 
     legitimacy of background checks performed by federally-
     licensed firearms dealers. These audits allow the FBI to 
     search for patterns of fraud and abuse by both gun dealers 
     and purchasers. Through these audits, the FBI can identify 
     instances in which the NICS system is used for unauthorized 
     purchases such as gun dealers having background checks on 
     people other than gun buyers. In addition, audits can also 
     help determine if gun buyers have submitted false 
     identification in order to thwart the background check 
     system. To run these crucial audits, the FBI needs the 
     records on both approved and denied purchases. If these 
     records are quickly destroyed, it will be much more 
     difficult for law enforcement to investigate and prevent 
     abuses of the background check system.
       We believe that decreasing the amount of time the purchase 
     records are kept will weaken the background check system and 
     allow more criminals to illegally obtain weapons. In 
     addition, it is important to note that there have been no 
     allegations that any information retained in the records has 
     been misused.

[[Page E2549]]

       The background checks performed under the Brady Act have 
     proven to be a vital part of our nation's crime control 
     efforts. Since its enactment, the Brady Act has prevented 
     more than 650,000 felons, fugitives and other prohibited 
     persons from purchasing handguns. The IACP believes that no 
     action should be taken that would damage the demonstrated 
     effectiveness of the current background check system.
       Thank you for considering our views on this matter.
           Sincerely,
                                               Bruce D. Glasscock,
                                                        President.
  It is important to note that the letters from the FBI Agents 
Association and the International Association of Chiefs of Police both 
indicate that they are not aware of any allegations of misuse of the 
information retained in the gun purchase records.
  There is another concern which I am compelled to share regarding the 
public safety aspect of allowing law enforcement personnel the 
necessary time needed to track down would-be criminals who try to 
purchase guns. I also enclose for the Record an FBI report on the 
growing violent gang activity, not only in the District of Columbia and 
the northern Virginia region, but across our nation. It is sobering. 
This a very serious--and growing--problem. While the FBI report focuses 
specifically on Mara Salvatrucha, more commonly known as MS-13, 
numerous gangs have been infiltrating our country in recent years and 
indications are that few communities are spared.
  Gang members thrive on terrorizing communities through random acts of 
violence. They steal. They kidnap. They extort. They torture. They 
murder. Obtaining guns and other weapons are part and parcel of their 
operations.
  While we may not know for certain how the 24-hour records destruction 
provision will impact criminal gang members who are terrorizing 
innocent people in northern Virginia and other areas of the country, 
law enforcement officers on the front lines of fighting crime certainly 
have a strong belief that reducing the time to check for illegal gun 
purchases could hurt their ability to protect public safety.
  In these times of fighting not only international terrorism but 
violent gang activities in our local communities, shouldn't we be 
making public policy that gives law enforcement personnel the 
assistance they need to thwart the gun purchases of suspected 
terrorists and gang members rather than giving the advantage to the 
criminals?
                                       U.S. Department of Justice,


                              Federal Bureau of Investigation,

                                 Washington, DC, November 12, 2003


                          Mara Salvatrucha 13

       Mara Salvatrucha 13, commonly referred to as ``MS,'' ``MS-
     13,'' ``MSX3,'' or ``MSXIII,'' was designated as a National 
     Gang Strategy priority target group of the Federal Bureau of 
     Investigation in 1997 due to its propensity for violence and 
     rapid growth. Originally composed of individuals of El 
     Salvadorian heritage, MS-13 now consists of numerous, loosely 
     affiliated autonomous cliques, some of which are highly 
     structured and organized, while most are loose knit with very 
     little formal structure. Although MS groups generally 
     function independently of each other, they pose a serious 
     threat in the United States and abroad due to their 
     propensity for extreme random violence and involvement in 
     myriad criminal activities. The level of criminal 
     sophistication and networking by certain clique members will 
     have direct impact on the types and complexity of the crimes 
     committed by that clique. MS-13 cliques will engage in 
     varying degrees of drug trafficking, theft, prostitution, and 
     violent criminal activity such as murder, extortion, 
     kidnaping, and drive-by shootings to support their criminal 
     activity and protect their turf from rival gangs. Violence is 
     an intimate part of being a gang member. Some MS-13 members 
     have conducted counter-surveillance on law enforcement 
     personnel to obtain license plate numbers of officers' 
     vehicles.
       MS-13 has greatly expanded from its origins in southern 
     California. Migration of MS-13 gang members, based on several 
     factors, has resulted in the emergence of MS-13 cliques in 
     numerous jurisdictions across this country. In 1992-93, MS 
     cliques were established in Los Angeles, Northern Virginia, 
     and Long Island, New York. Today, MS-13 cliques have been 
     confirmed or suspected of operating in at least 31 states and 
     the District of Columbia with an estimated 8000 members. In 
     the mid-1990s, MS-13 members who where deported from the 
     United States, established cliques in El Salvador, Honduras, 
     and Guatemala. Today, in El Salvador and Honduras alone, an 
     estimated 50,000-70,000 gang members are divided into two 
     major gangs, MS-13 and 18th Street. These gangs pose the 
     greatest criminal threat in each country.
       Over the past several years, MS-13 has grown significantly 
     on the East Coast. Many jurisdictions throughout the 
     Washington, DC, metropolitan region, have reported MS-13 
     members involved in criminal activity. In 1992, three MS-13 
     gang members from Los Angeles, California, were identified in 
     northern Virginia by law enforcement authorities. Today, an 
     estimated 30 MS-13 cliques and 3000 gang members are active 
     throughout the region. The greater Washington, DC area, and 
     specifically northern Virginia, is now a major hub of MS-13 
     gang activity. Fairfax County, Virginia, Police Department 
     reports that MS-13 is responsible for, or suspected of, 95 
     percent of all gang-related crimes (armed robbery, theft, car 
     theft, drug dealing, rape, shootings, and assaults with a 
     baseball bats, knives, and machetes, etc.) committed in the 
     county.
       Heavy concentrations of MS-13 cliques have been documented 
     in Long Island, New York, Massachusetts, New Jersey, and 
     North Carolina. Travel by MS-13 members between these 
     regions, as well as to and from, Texas, California, and other 
     regions, has been documented. MS-13 gang members travel to 
     other communities to support and participate in MS-13 gang 
     activities, to flee prosecution in criminal investigations, 
     and for social and fraternal motives. Approximately 30-40 MS-
     13 gang members from Massachusetts moved into the Lakewood, 
     New Jersey area and established a clique that appears to be 
     involved in trafficking cocaine and weapons. The Washington, 
     DC region, specifically northern Virginia, is a primary 
     destination for MS-13 gang members. In one notable event, MS-
     13 gang members traveled from northern Virginia to Hempstead, 
     New York, and committed a drive-by shooting. The motive for 
     the shooting was simply to demonstrate to local Hempstead MS-
     13 cliques the bravado necessary to intimidate and combat 
     rival gangs.
       Within the Washington, DC region, formal multiple-clique 
     meetings have occurred in attempts to organize area cliques 
     however, inter-clique disputes have prevented any such 
     coordination, but these meetings enabled relationships to 
     form between members of multiple cliques. In the long term, 
     it is reasonable to predict that this is an evolutionary step 
     towards a more formalized central structure.
       MS-13 has specific identification signs, symbols, and 
     rules. However, certain rules may vary between cliques and 
     may change depending on the situation. One commonality 
     between all MS-13 cliques, in the United States and Central 
     America, is that the gang survives and thrives due to 
     aggressive local recruitment efforts. Growth in numbers and 
     strength is MS-13's primary goal. For instance, MS-13 gang 
     members must have some Latino heritage, however, there are 
     now ``farm'' cliques associated, with the MS-13 that are not 
     Latino. Cliques include juvenile members. The gang is known 
     to recruit Hispanic juveniles as young as elementary school 
     age for membership.
       It is anticipated that recent gang suppression efforts in 
     Central America will increase legal and illegal immigration 
     of MS-13 gang members to communities with existing MS-13 
     populations in the United States. Based on current trends and 
     patterns of MS-13 activity in the United States and Central 
     America, it is predictable that MS-13 will continue to spread 
     and grow in numbers across this Nation, including the 
     Washington, DC region. Violent crime associated with 
     continued expansion of MS-13 is most predictable.
       Only through nationally-focused investigations calling upon 
     Federal law, will there be a cessation to MS-13's continuing 
     growth in America.

                          ____________________