[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Pages S2121-S2122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  FIREARMS INFORMATION USE ACT OF 2007

  Mr. MENENDEZ. Mr. President, I rise today for two purposes. One is to 
shed light on the serious problem of gun violence that afflicts our 
Nation, and the other is to introduce legislation which would assist 
law enforcement in their efforts to address this growing scourge that 
affects countless Americans every day.
  Each and every year, tens of thousands of Americans have their lives 
senselessly cut short because of gun violence. In 2004, 29,569 
Americans were killed by guns. This figure is higher than the number of 
deaths our military has suffered in any year of any war since World War 
II--and it translates to over 81 gun deaths per day--over 3 deaths per 
hour. Tragically, statistics show that by the time I finish this 
speech, another American will have lost his or her life to gun 
violence.
  Gun violence does not discriminate; it affects rich and poor, young 
and old, the innocent and guilty alike. It is not a red or blue State 
issue, but an American crisis that concerns our Nation as a whole. Not 
a single American is immune to the tragic reach of gun violence.

[[Page S2122]]

  Our brave law enforcement officers risk their lives every day to stop 
gun violence before it occurs, but they cannot do it alone. They need 
resources--not just funding and equipment although those are critically 
important--but also information and intelligence. That is why the ATF 
collects and compiles gun trace data--to provide crime gun information 
to law enforcement agencies, federally firearm licensees, FFL, the 
public, Congress, and State and local authorities so they may better 
understand and prevent gun violence.
  It goes without saying that the more we understand a problem and its 
sources, the more proficient we will be in our ability to solve it. 
That is particularly true when talking about guns that are used to 
commit crimes. In fact, one study has shown that 1.2 percent of gun 
dealers sell 57 percent of guns later traced to criminal 
investigations.
  My home State of New Jersey has some of the strictest gun laws in the 
country, yet hundreds, if not thousands, of off-limit customers, such 
as those under age or those with violent criminal records, wind up with 
such weapons each month. And the overwhelming majority of guns used to 
commit crimes in our State's cities were originally sold in compliance 
with the law in other States.
  In fact, a large majority of the guns used to commit crimes in Jersey 
City, Newark, and Camden traveled up the east coast along I-95--the 
``Iron Pipeline''--and therefore don't fall under New Jersey's gun 
laws. This is truly a paradox that has not only frustrated law 
enforcement agents, but elected officials too.
  According to ATF reports released in July 2002, 85 percent of the 
traced guns used to commit crimes in Jersey City and Newark, and 77 
percent of those used in Camden, were originally purchased outside of 
New Jersey. And more than 67 percent of crime guns recovered in Jersey 
City were originally purchased more than 250 miles away, with 20 
percent originating in South Carolina.
  This is exactly the type of information that assists law enforcement 
officials in placing local crime guns in a regional and national 
strategic enforcement context and would allow Federal, State, and local 
elected officials to develop national, regional, and local strategic 
responses to gun crime.
  Unfortunately, every year for the past few years some of my 
colleagues from the other side of the aisle have slipped a provision 
into law to prohibit the release of this information to anyone other 
than `` a Federal, State, or local law enforcement agency or a 
prosecutor solely in a criminal investigation or prosecution.'' This 
amendment effectively prohibits information from reaching Congress, and 
State and local authorities, and the public. The practical impact of 
the Tiahrt amendment is that gun trace data is rarely shared and an 
important law enforcement tool goes largely unused.
  The Tiahrt amendment also limits how Federal, State and local law 
enforcement agencies can use crime gun trace data they are able to 
obtain. The Tiahrt provisions restrict use of the information to 
retroactively investigate crimes that have already been committed. 
Using the data to proactively prevent gun crimes from happening is not 
permitted.
  This makes no sense. We should be using every tool we have to prevent 
the deaths and injuries that result from gun violence--not waiting 
until they happen and then figuring out the hows and whys.
  Unfortunately, here in Washington, every year the Republican Congress 
and President Bush bow to the gun lobby in Washington and sacrifice the 
safety of our streets. They do this by including the Tiahrt provisions.
  Denying police access to critical information about crime gun traces 
helps no one but the bad guys. Our families' safety should never take a 
backseat to the demands of radical interest groups seeking only to 
further their own narrow agenda. Congress needs to pass my 
legislation--instead we need to stand up to President Bush and the gun 
lobby, and stand up for our families.
  Far too often in this country, innocent Americans, including 
children, are tragically caught in the crossfire of gun violence. Far 
too often these crimes may have been prevented with stricter gun 
control regulations. As a Senator, it is my solemn duty to do 
everything within my power to protect the American people from the 
ravages of gun violence. Addressing this grave issue should not be 
hampered by divisive, partisan bickering. We must undertake a 
bipartisan approach to reach an effective solution to this problem that 
is concerned solely with the welfare and safety of the public.
  That is why I am introducing legislation to make this gun crime data 
public again. It will not only help law enforcement prosecute gun 
crimes, but will also increase public awareness about where these guns 
originated. I urge my colleagues to support this commonsense 
legislation.

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