[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Page 5545]
[From the U.S. Government Publishing Office, www.gpo.gov]


                     EXPOSING RECKLESS GUN DEALERS

  Mr. LEVIN. Mr. President, in each of the last 4 years, amendments 
have been inserted in the Commerce, Justice, Science, CJS, 
Appropriations Act by the House of Representatives which severely 
handicap the efforts of those working to stop the flow of guns from 
reckless gun dealers into the hands of criminals. These amendments 
prohibit the Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF, 
from disclosing important information from the Firearms Trace System 
Database to local law enforcement and government officials unless it is 
connected to a ``bona fide criminal investigation or prosecution'' and 
prohibiting release for purposes of civil lawsuits.
  According to published reports, these amendments have directly 
impacted a lawsuit by the city of New York against several gun 
manufacturers and distributors who it alleges have adopted sales and 
marketing practices which facilitate the transfer of guns to criminals. 
The city received ATF firearms trace data from 1998 to 2003 but has 
been unable to attain data from subsequent years because of the 
prohibition inserted in the law on its release for the purposes of 
civil lawsuits.
  Legislation has recently been introduced in the House of 
Representatives which would make the restrictions on ATF firearms trace 
data permanent. On March 28, 2006, New York City Mayor Michael 
Bloomberg testified before the House Judiciary Committee against this 
bill and said that it ``would make it immeasurably harder to stop the 
flow of illegal guns to criminals, and depriv[e] local governments and 
their law enforcement agencies of the tools they need to hold dealers 
accountable. Specifically, these obstacles would take the form of 
severe restrictions on our use of ATF trace data, which is perhaps the 
most effective tool we have in combating illegal gun trafficking.''
  Mayor Bloomberg also expressed concern regarding provisions in the 
bill and current law which limit the ATF firearms trace data available 
to local law enforcement officials to data regarding the local 
geographic data. Mayor Bloomberg testified that 82 percent of the guns 
used in crimes in New York City were purchased outside of New York 
State. As Mayor Bloomberg pointed out in his testimony, restricting the 
access of law enforcement officials to firearms trace data from other 
jurisdictions severely limits their ability to take action against 
reckless gun dealers in other States.
  I am hopeful the House of Representatives will defeat efforts to 
continue restrictions on law enforcement and local government 
officials' access to important ATF firearms trace data. In addition, I 
am hopeful that the Senate will take up and pass legislation introduced 
last week by Senator Menendez to repeal restrictions in current law. 
ATF firearms trace data related to reckless gun dealers should be made 
easily available to those who have a responsibility to protect our 
families and communities from the threat of gun violence.

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