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Project Exile: The Safe Streets and Neighborhoods Act of 2000
To be introduced by Rep. Bill McCollum (R-FL), March 22, 2000
"Project Exile: The Safe Streets and Neighborhoods Act" will help make our
communities and neighborhoods safer by addressing gun violence through the common sense
approach of ensuring vigorous prosecution of gun criminals. In the last two years a handful of
states, including Virginia, have dramatically reduced the level of gun crime in their states by
implementing programs that ensure tough prison time for criminals who use guns. This
approach simply enforces the laws already on the books, and ensures a minimum prison sentence
of at least five years for convicted violators. In states and communities around the country
where aggressive prosecution of gun crimes has been coupled with tough prison sentences,
violent crime has gone down. This is because criminals who use guns are the most hardened
offenders and the ones who commit the most crime. Getting them off the streets leads to a
dramatic reduction in crime, and sends an unmistakable deterrent message: We will not tolerate
gun crimes.
The Project Exile Act will provide resources to states that ensure a mandatory minimum
sentence of five years (without parole) for any person who uses or carries a firearm during and
in relation to a violent crime (murder, rape, robbery, and aggravated assault) or serious drug
trafficking offense (an offense under state law involving manufacturing or distributing a
controlled substance, for which a maximum term of imprisonment of ten years or more is
prescribed by law). Importantly, the Act requires that the mandatory minimum sentence must be
in addition to the punishment provided for the underlying crime. Alternatively, a state can
qualify for the Exile funds if it ensures that a person convicted of possessing a firearm and who
has a prior conviction for a violent crime serves a mandatory minimum sentence of five years.
The Act will give states the option to prosecute offenders in either federal or state court, so long
as the states ensure that the mandatory minimum sentence of five years is served.
The Project Exile Act will provide a total of $100 million in federal resources over five
years as an incentive for states to implement such programs and to help defray costs associated
with tougher enforcement against gun criminals. Funds received under the Act will be for
strengthening state criminal justice systems in a wide variety of ways, including: hiring and
training more judges, prosecutors and probation officers; increasing prison capacity; and
developing information-sharing case management systems that ensure that all segments of the
criminal justice system are contributing to and using the same case files for serious offenders.
The Act will build on the success of the Truth-in-Sentencing program that Congress has
funded over the last five years. The Truth-in-Sentencing program created an incentive for states
to require convicted violent offenders to serve at least 85 percent of their sentences, and helped
states defray costs associated with the resulting longer prison terms. This program has helped
move the national average time served for violent offenders from 35 percent in 1994 to close to
50 percent in 1998. It has been a key factor in lowering the crime rate over the last 7 years.
Legislative Components
State Eligibility Criteria
(A) Except as provided in (B), to qualify a state must, at a minimum:
(1) require a mandatory minimum sentence of five years (without parole) for any person
who: (a) uses or carries a firearm during and in relation to a violent crime (murder, rape,
robbery, and aggravated assault) or serious drug trafficking offense (an offense under
state law involving manufacturing or distributing a controlled substance, for which a
maximum term of imprisonment of ten years or more is prescribed by law), with the five
year mandatory minimum sentence being in addition to the punishment provided for the
underlying crime; or (b) is convicted of possessing a firearm and who has a prior
conviction for a violent crime or serious drug trafficking offense.
(2) implement a public awareness campaign to put violent criminals on notice of the
tough sentences for gun crimes and develop community support for the state's Safe
Streets and Neighborhoods program; and
(3) provide assurances that the state will coordinate with federal prosecutors and federal
law enforcement agencies serving their jurisdictions, so as to promote federal
involvement and cooperation.
(B) A state can qualify even if it does not have a five year mandatory minimum provided in state
law, pursuant to (A)(1), so long as it can assure that a person convicted for any of the above
identified crimes will receive mandatory minimum sentence of five years in federal court for the
offense. Such an assurance can be in the form of an executive order by the chief executive of
the state, or an exchange of letters between the state and the appropriate federal districts.
[Alternative: Also allow state to qualify if the five cities with the highest crime rate have
entered into such federal-city task force arrangements; then require that the resources be
dedicated to those cities]
Allowable Uses
- police
- prosecutors
- courts
- probation officers
- juvenile justice system
- prison expansion, renovation and personnel
- criminal history record improvements
- case management programs involving information-sharing regarding serious offenders
Funding Authorization
$100 million total with $10 million provided the first year (fiscal year '01), $15 million the
second year, $20 million the third year, $25 million the fourth year, and $30 million the final
year.
Funding Formula
Each state's share is based on its relative amount of violent crime (as a percentage of the total
violent crime of all other qualifying states).
Miscellaneous
- A state must provide assurances that it will allocate its resources with the aim of addressing
crime in its highest crime areas.
- A state may make sub-grants to cities or counties to carry out the purposes of this Act.
Definitions
- "violent crime" includes murder, rape, robbery, and aggravated assault.
- "serious drug trafficking offense" is an offense under state law involving manufacturing,
distributing, or possessing with intent to distribute, a controlled substance, for which a maximum
term of imprisonment of ten years or more is prescribed by law
It's a moral crime for Bill Clinton, Al Gore, Janet Reno
and a host of Federal officers and prosecutors to fail to
enforce the law. It's evil. And when innocent blood
flows, it's on their hands.
Wayne LaPierre
Executive Vice President
National Rifle Association
in American Rifleman,
[More laws] gives jackbooted Government thugs more
power to take away our constitutional rights, break in
our doors, seize our guns, destroy our property and even
injure and kill us.
Wayne LaPierre
Executive Vice President
National Rifle Association
in a 1995 fundraising letter
In recent months, the National Rifle Association has attempted to divert national attention
from the shameful weakness of our nation's gun laws by repeating, at every opportunity, the
mantra: "We don't need more gun laws when the federal government refuses to enforce existing
gun laws." Since the Columbine shooting and the ensuing national outcry, the gun lobby has spent
millions of dollars telling the nation that enforcing existing gun laws is a workable substitute for
new, common-sense regulation of firearms.
The truth is that gun laws are being enforced more strongly than ever. Overall, federal
prosecutions are up 16 percent since President Clinton took office, 22 percent on the local and state
level, where most prosecutions take place. Furthermore, sentences for violent gun criminals are
two years longer under this Administration. On June 10, 1999, USAToday reported that "Gun laws
are enforced more vigorously today than five years ago by nearly any measure. Prosecutions are
more frequent than ever before; sentences are longer; and the number of inmates in federal prison
is at a record level. The number of inmates in federal prison on firearm or arson charges (the two
are lumped together) increased 51% from 1993 to 1998 A U.S. Sentencing Commission analysis
done for USA TODAY shows that lying on the background check form is prosecuted in federal
court far more often than acknowledged."
Why then does the NRA persist in falsely accusing the President of failing to enforce
existing law? Because it knows that lawmakers are facing the most intense pressure yet from the
American people to strengthen our gun laws. Lost in this debate is the fact that, throughout its
history, the NRA has worked tirelessly to either block or weaken the enactment of laws that would
have strengthened the federal capacity to fight gun crimes. The NRA's painstaking work to
eviscerate the very laws they now say must be enforced, reveals their current public relations
campaign to be the height of hypocrisy. This report details the many ways in which the gun lobby
itself has hampered the nation's ability to enforce gun laws.
INTRODUCTION
The gun lobby's influence on our firearm laws is undeniable - the laws are a swiss cheese
of loopholes that defy logic and exist solely for the convenience of gun owners and the profit of
gun manufacturers. At the cost of millions of dollars and an untold number of lives, the National
Rifle Association has placed obstacles and detours at each and every turn on the path to common
sense gun legislation and has successfully limited both the reach and implementation of gun control
laws.
In 1968, following the assassinations of Martin Luther King, Jr., and Robert Kennedy, and
a marked increase in handgun violence throughout the country, Congress passed the Gun Control
Act of 1968. The Gun Control Act specifically banned the interstate shipment of firearms and
ammunition to private individuals; prohibited the sale of guns to groups such as minors, drug
addicts, mental incompetents, and convicted felons; strengthened licensing and recordkeeping
requirements for gun dealers and collectors; increased penalties for those who used guns in the
commission of crimes covered by federal law; and banned the importation of foreign surplus
firearms, except those suitable for sporting purposes. While the Gun Control Act had a modest
impact, it did not take long for the gun lobby to regroup and attempt to weaken the act's
provisions.
The NRA, for example, can take credit for enacting legislation specifically exempting
domestically manufactured guns from any consumer safety standards. When Congress created the
Consumer Product Safety Commission (CPSC) in 1972, it exempted firearms. All other consumer
products, except tobacco, are regulated for safety. But, thanks to the gun lobby, guns are not.
When asked why the bill to incorporate guns under the CPSC had failed in Congress, Senator
Howard Metzenbaum (D-OH) a staunch supporter of common sense gun laws, said, "The NRA's
position is consistent. They're opposed to any legislation that has the word 'gun' anywhere in it."
When asked what would happen if the NRA dropped its opposition to the bill, Metzenbaum
replied, "We would pass the bill overnight."
This loophole has led to tragic and predictable consequences. Gun manufacturers make
guns that require so little trigger pressure that two-year-olds can fire them. They make weapons
which lack even the most basic safety features like a load indicator or a magazine disconnect
safety. They have focussed all of their efforts on making guns smaller -- and therefore easier to
conceal -- and more lethal. Without regulation, gun manufacturers lack any incentive to design
safer firearms. Instead, thanks to the NRA, gun manufacturers have enjoyed tremendous profits
while producing products with a callous disregard for safety.
By examining the NRA's role in just three aspects of federal gun control - the McClure-
Volkmer Act, the Brady Law, and funding of the Bureau of Alcohol, Tobacco and Firearms - it is
clear that the gun lobby's recent calls for better enforcement of the current laws are merely a
smokescreen to fend off overwhelming public sentiment for stronger gun laws. The picture that
emerges is one of NRA leadership and complicity in ensuring that this nation's gun laws are as
weak and as difficult as possible to enforce.
THE MCCLURE-VOLKMER ACT: THE NRA WEAKENS ENFORCEMENT
After the passage of the Gun Control Act of 1968, the NRA's assault against any and all
regulation of guns continued into the 1980's, but the tactics changed. Whereas the NRA typically
opposed any proposed common sense gun legislation, in the 1980's they switched from the
defensive to the offensive with the McClure-Volkmer Act, a bill sponsored by two NRA Legion of
Honor recipients, Sen. James McClure (R-ID) and Rep. Harold Volkmer (D-MO). With the
McClure-Volkmer Act, also known as the Firearms Owners Protection Act of 1986, the NRA
decided to pursue gun legislation for the first time - in order to weaken the modest gun regulations
enacted with the Gun Control Act of 1968.
Law enforcement groups around the country were outraged - they saw what the NRA was
attempting to do and at what cost. The NRA proposals were going to put law enforcement officers
at risk. The NRA was undeterred, however, and as The New York Times observed, "it was a
measure of the power of the gun lobby that no member of Congress, in the day-long debate, spoke
in favor of keeping all the existing controls. Rather, the question was the extent to which they
should be eased." The NRA spent around $1.6 million dollars in its lobbying campaign - but the
passage of the bill cost the NRA more than dollars - McClure-Volkmer cost the NRA support from
law enforcement groups. Around the country, police officers had to swallow a bitter pill: the NRA
was unwilling to accept any gun control legislation, even if it would save officers' lives. Hubert
Williams, President of the Police Foundation, best described the problems with the McClure-
Volkmer Act in his testimony before the Judiciary Committee:
Law enforcement's examination of the McClure-Volkmer bill comes down to this: It would
gut the 1968 Gun Control Act, and thus it would make the job of protecting American citizens all
the more difficult. Congress passed the 1968 Gun Control Act in response to terrible tragedies: the
assassinations by firearms of Martin Luther King, Jr. and Robert F. Kennedy.
To support McClure-Volkmer is to demean their record of accomplishment and their noble
legacy. Those who support McClure-Volkmer cannot say that they also support American law
enforcement, for the obvious fact is that the bill increases the threat to the lives of police officers.
As the law enforcement officers of this country predicted, what McClure-Volkmer
accomplished was to make it much more difficult for local and federal law enforcement agencies to
enforce the nation's gun laws. The result has been a gun law riddled with loopholes and an
enforcement agency saddled with restrictions.
In practice, the McClure-Volkmer Act has:
Allowed unlicensed individuals to sell their personal firearms as a "hobby," allowing for the sale of
massive numbers of firearms to criminals and juveniles without background checks, since only
those licensed dealers "engaged in the business" of selling firearms are required to check the
status of their purchasers. The critically important definition of "engaged in the business" gave
many people the basis to contend that their firearm activities do not rise to the level that
requires them to obtain a license and be regulated by the federal government.
Increased the size, scope and visibility of gun shows by permitting federally licensed dealers
(FFLs) to conduct business at gun shows located in their home state. Although FFLs must
conduct background checks on gun-show purchasers, their presence at these arms bazaars has
unquestionably enlarged the impact of these events, where private sellers sell hundreds of
weapons without background checks to prohibited purchasers.
Allowed criminals to keep or regain their rights to own guns. The original Gun Control Act made
it unlawful for persons convicted of a crime punishable by a prison term exceeding one year to
possess a firearm. The McClure-Volkmer Act amended the GCA to provide that the law of the
jurisdiction where the crime occurred would determine what constitutes such a conviction. (In
many states, illegal possession of firearms, for example, or domestic abuse, is only a
misdemeanor.) Additionally, the McClure-Volkmer Act provided that a pardon, set aside or
restoration of civil rights removes the "conviction" for purposes of gun ownership. You may
not be able to vote after you get out of jail, but you can get your gun back.
Severely restricted the ability of the ATF to conduct inspections of the business premises of
federally licensed firearms dealers.
Raised the burden of proof for violations of federal gun laws.
No wonder police officers, in full uniform, stood at parade rest at the entrance to the floor of
the House of Representatives as a sign of silent opposition to McClure-Volkmer during a crucial
vote. It is no exaggeration to say that, fifteen years later, law enforcement is still standing in
opposition to the gun lobby's successful attempt to cripple its ability to enforce the law.
"Engaged in the Business": A Fatal Definition
The Gun Control Act of 1968 first required federal firearm licenses for those "engaged in
the business." The definition of that phrase was substantially narrowed by the McClure-Volkmer
Act. Prior to the 1986 Act, illegal gun dealing was a matter for a court or jury to determine on the
basis of the facts presented by prosecutors. After McClure-Volkmer became law, the Government
was required to meet a much tougher, multi-part standard of proof to illustrate that someone was
"engaged in the business" without a license. To successfully prosecute an individual for illegal gun
dealing, the ATF must now show that the unlicensed person engaged in "a regular course of trade
or business with the principal objective of livelihood and profit through the repetitive purchase and
resale of firearms " The definition of "engaged in the business" also expressly excludes any
"person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a
personal collection or for a hobby, or who sells all or part of his personal collection of firearms,"
regardless of its size. By essentially demanding responsible behavior only from those gun sellers
who have received a federal firearms license, this loophole allows the enormous secondary market
for guns - at gun shows, over the Internet, and through individual private sales - to flourish
unimpeded by any restrictions on buyers or sellers.
As a result, tens, if not hundreds, of thousands of firearms sales are made every year by
individuals who may each sell an unlimited number of guns without obtaining a federal firearms
license. Even at substantial investigative cost, such persons often cannot be successfully
prosecuted for illegal gun dealing given the weakness of current law. As a result, the customers of
such "shadow sellers" are not subject to a background check (as they would be if purchasing a gun
from a licensed dealer) and shadow sellers are not required to keep any records of their sales
whatsoever. Accordingly, guns sold by such sellers later recovered at a crime scene cannot be
effectively traced and (unless they yield fingerprints) are thus useless to law enforcement
authorities trying to find and arrest murderers and other violent criminals.
Facilitating the Markets of Choice for Criminals:
The Rise of Gun Shows After McClure-Volkmer
The McClure-Volkmer Act allowed licensed gun dealers to participate in gun shows in their
home states and effectively popularized a significant source of criminal guns. Prior to the Act, the
policy of the ATF prohibited sales by licensees at anywhere other than their regular place of
business. While dealers were allowed to exhibit at gun shows, the actual sales had to be
consummated at their place of business. The McClure-Volkmer Act changed that - dealers could
both exhibit and sell weapons at gun shows and, as a result, gun shows began to flourish across the
country. At the same time, Congress relaxed the law that distinguished gun dealers from
"occasional" sellers, thereby permitting thousands of additional sellers to enter the field. After
McClure-Volkmer, the combination of dealers freed from their storefronts and the new class of
"private" sellers resulted in a dramatic increase in the number and size of gun shows nationwide.
Gun shows no longer included only small-time collectors. After McClure-Volkmer, larger licensed
dealers began to participate and were able to provide gun shows the merchandise necessary to
attract customers. Indeed, the atmosphere of gun shows, usually held for one weekend only, leads
to an atmosphere of impulse buying, which benefits both licensees and non-licensees alike.
A January 1999 report by the Departments of Justice and Treasury summarized the threat of
gun shows:
Gun shows provide a large market where criminals can shop for firearms anonymously.
Unlicensed sellers have no way of knowing whether they are selling to a violent felon or
someone who intends to illegally traffic guns on the streets to juveniles or gangs. Further,
unscrupulous gun dealers can use these free-flowing markets to hide their off-the-book
sales. While most gun show sellers are honest and law-abiding, it only takes a few to
transfer large numbers of firearms into dangerous hands.
In most states and under federal law, gun shows also provide legal outlets for individuals to
sell guns from their "private collections" without a waiting period or background check on the
purchaser. Many unscrupulous gun dealers exploit this loophole to operate full-fledged businesses
without following federal gun laws.
Moreover, gun shows provide even licensees with the opportunity to sell off their "personal
collections." The McClure-Volkmer Act allowed licensees to sell guns from their personal
collections. Federally licensed gun dealers must conduct Brady background checks on all
prospective purchasers of firearms in their business inventory and record the serial number of all
guns purchased (together with the name and address of the gun's purchaser) in a bound volume
maintained by the seller. Such requirements do not apply to guns sold by a licensed dealer which
allegedly come from his or her "personal collection" of firearms, if the weapon sold has been in the
dealer's personal collection for more than one year or did not originally come from the dealer's
business inventory. The law places no limit on the number of such "personal guns" that a licensed
dealer may sell "off the books."
As a result, nobody knows, or is able to determine, how many thousands of "off the books"
sales are made by unscrupulous federally licensed firearms dealers under cover of the "personal
collection" loophole. What we do know is that every such gun, despite being sold by a licensed
dealer, can be sold without a background check to a felon, fugitive, domestic abuser or other
prohibited purchaser and can't be traced if used in a crime. The same holds true for gun show sales
in general, since so many sales that occur at gun shows are essentially unregulated, guns obtained
at these shows that are later used in crime are difficult, if not impossible, to trace. According to the
ATF, 25-50 percent of the vendors at most gun shows are unlicensed dealers. Felons buying or
selling firearms were involved in more than 46 percent of the ATF investigations involving gun
shows. In more than a third of the investigations, the firearms were known to have been involved
in subsequent crimes, including assault, robbery, burglary and homicide. Not surprisingly, a
February 1999 ATF report found approximately 10 percent of the guns used in crimes by juveniles
and young people were sold at gun shows and flea markets.
Easy Access to Firearms (Even for Felons)
The NRA-backed McClure-Volkmer provisions eased restrictions against felons gaining
access to firearms. The Gun Control Act of 1968 made it illegal for anyone convicted of a felony
to ship, transport, possess or receive firearms in interstate commerce. Under that law, a felon could
regain firearm privileges by being pardoned or having his civil rights restored, but only if the
pardoning authority expressly authorized the possession of a firearm. With McClure-Volkmer,
Congress amended the law to provide that unless a pardon or restoration of rights expressly
provides that the person may not ship, transport, possess, or receive firearms, it has the effect of
restoring such privileges. Accordingly, the burden is now on the authority that grants the pardon or
restores the felon's civil rights to state specifically that the felon may not possess firearms.
While the NRA is preaching enforcement, it is clear that it effectively has weakened the
nation's gun laws to the point that even felons have easier access to firearms.
ATF Can Do Its Job (But Only Once A Year)
Prior to the adoption of the McClure-Volkmer Act, the ATF was permitted to inspect the
inventory and records of a licensed importer, manufacturer or dealer for compliance with
applicable laws at all reasonable times. The Act, however, limited the ATF to a single
unannounced inspection of an individual dealer in any 12-month period [see Section
923(g)(1)(B)(ii)(I) of title 18]. No other retailer of regulated products is so protected. The express
purpose of this provision was to prevent what the NRA termed "ATF harassment" of gun dealers.
Indeed, according to the NRA, the ATF's only purpose was to harass honest citizens. As one-time
NRA Board Member U.S. Congressman John Dingell (D-MI) declared, and NRA Executive Vice
President Wayne LaPierre quoted in his book, Guns, Crime and Freedom, "If I were to select a
jack-booted group of fascists who were perhaps as large a danger to American society as I could
pick today, I would pick BATF. They are a shame and a disgrace to our country."
Although inspections of licensed firearms dealers are among the most effective means to
uncover violations of firearms laws, the stringent limitation on inspections ensures that criminal
conduct by some FFLs will go unchecked and unpunished. In effect, a dealer who has been
inspected by the ATF in early January knows that he now has eleven months before he can
anticipate another visit by agents. In sharp contrast, ATF agents are permitted unlimited surprise
inspections of explosives manufacturers, distributors and retailers.
In addition to inadequate inspections, the McClure-Volkmer Act also essentially guarantees
that the ATF would be unable to maintain adequate records for any useful amount of time. The
Act codified the law requiring that upon permanently closing a regulated business, a federal
firearms licensee is required to forward all sales records required to be kept by law on the business
premises (including the names and addresses of gun purchasers), to the Secretary of the Treasury.
Since 1978, however, Congress has added a rider to the Treasury-Postal appropriations bill
forbidding the Secretary from using any appropriated funds to consolidate or centralize within the
Department any records maintained by federal firearms licensees. As a result, the Treasury
Department is now restricted to keeping records of defunct firearms dealers on microfiche
searchable only by the serial number of a gun. In that form, this large body of historical data is
thus useless to law enforcement authorities with cause to research the firearms purchase histories of
convicted felons, batterers and other prohibited purchasers who may pose a danger to the
community. The data is also unavailable for rapid search for law enforcement authorities faced
with a hostage or barricade-type emergency who need to know whether the perpetrator has
amassed an arsenal by legal means. Moreover, many guns used in crime are not identifiable by
serial number, because criminals file or burn identifying markings off their guns. In the end, the
ATF's inability to maintain records for any length of time or in any usable manner renders
ineffective the recordkeeping provision and frustrates its attempts to do what the NRA claims it
wants - enforcement of the laws.
Prosecution With One Arm Tied Behind the Agency's Back
The McClure-Volkmer Act ensured that the ATF would be unable to prosecute dealers who
violate federal gun regulations by raising the standard for prosecution to the impossibly high
"willfulness standard." The law provides that the Secretary of the Treasury may revoke a federal
firearms license for "willful violation" of applicable laws and regulations by the licensee after the
licensee is given notice and an opportunity for an administrative hearing. The high "willfulness
standard" was enacted at the request of the NRA, which accused the ATF of harassing gun owners.
As the NRA's Wayne LaPierre has claimed, "they (ATF agents) behave like street thugs. Charged
with enforcing federal gun control laws, federal agents persecute and entrap citizens who have
done nothing wrong and would never contemplate doing anything wrong."
To prevent this perceived harassment, the McClure-Volkmer Act restricted the ATF's
ability to pursue those in violation of the laws. Except for failures to comply with the Brady Law,
the ATF has no authority to simply fine an FFL or to temporarily suspend his or her license for
infractions that do not warrant permanent revocation of a license. By forcing the ATF to take a
"revoke or pass" approach to FFL policing, current law assures that dealers who deserve discipline
short of revocation will go unpunished and remain undeterred from continuing to violate important
provisions of the law. Even if a violation warrants revocation of an FFL's license, because of the
"willful violation" standard, in order to revoke a license, the ATF must prove that the violator
knew the law and then decided to violate it. A licensee's claim of ignorance or misunderstanding
of the law operates as a full defense. The "willful violation" standard all but ensures that only a
few violators will ever be punished. Criminal cases use the "beyond a reasonable doubt" standard
- the "willful violation" standard is much higher - and in criminal cases ignorance of the law is no
excuse. Effectively, unless the licensee admits to knowingly and intentionally having violated the
law, the ATF will usually fail to meet the "willful violation" standard and the licensee will go
unpunished.
According to the Department of the Treasury, in FY1999 only 1,700 compliance
inspections were conducted of the nearly 104,000 federal firearms licensees (most of which are
dealers or pawnbrokers.) Just 13 dealers' licenses were revoked by ATF, but 56% of those
inspected had violations which warranted follow-up inspections at the earliest opportunity.
Presumably many of those dealers would have been issued fines or had their licenses suspended if
the law permitted such actions. Again, the McClure-Volkmer Act has ensured that the enforcement
of the laws is
continually frustrated.
THE BRADY BILL: NRA LOST THE WAR BUT WON SOME BATTLES
With the passage of the Brady Bill in 1993, Congress enacted the most important piece of
gun control legislation since 1968. This historical event was the result of nearly a decade of
struggle against the no-holds-barred opposition of the NRA. The NRA argued that the requirement
of a pre-purchase background check and short waiting period for handgun purchases contained the
seeds of "Government" confiscation of all firearms. As the NRA testified, it did not believe
background checks to be "in the public's interest." However, true to its usual lobbying form, when
passage of the Brady Bill seemed unstoppable, the NRA shifted its lobbying and grassroots
resources into weakening the law to the maximum degree possible.
In 1988, the NRA warned its members that the Brady Bill would result in "total, strict gun
control on all America" and that it would cause the government to "spend millions and billions of
your tax dollars investigating you and other honest citizens." Later in 1991, an article in
USAToday said, "Since helping to defeat the waiting period in 1988, the NRA has done little to
tout an 'instant-check alternative' it quickly embraced this year."
Even more telling was this description of the NRA's actions in the state of Georgia, taken
from a 1997 editorial in the Atlanta Constitution: " to escape the waiting period in Georgia, the
NRA reversed its long-standing position and pushed a bill creating the state's instant background
check. But it also tried to plant a self-destruct device in the law. The NRA and its supporters
wanted to make sure that if the federal Brady Law was ever declared unconstitutional, Georgia's
background check would be repealed automatically."
During the battle to pass the Brady Bill, the NRA's staunchest Senate allies let it be known
that the "price" of their acquiescence to a vote on the measure would be compromises that have
since severely frustrated the true intent of the law. While the NRA opposed background checks -
and continues to do so today, they relented to the Brady Bill as long as it required the destruction
of all records associated with the Brady background check, even at the potential expense of the
system's integrity and utility to law enforcement authorities.
The NRA Never Met a Background Check It Didn't Hate
In the wake of the Columbine massacre on April 20, 1999, in which several weapons
obtained through gun show sales were used to kill 12 students and a teacher, senior spokespersons
for the NRA repeatedly claimed that the Association had long-supported conducting gun show
background checks. Such claims were completely and knowingly false. In fact, the NRA fought
for more than a decade against the minimal requirement that licensed gun dealers perform
background checks until the Brady Bill finally became law in 1993 over the NRA's objections. At
the time of Brady, the NRA argued for an "instant check" system, knowing that criminal history
records were insufficiently computerized to ensure effective checks. As political scientist Robert
Spitzer noted, "[b]y proposing an alternative of little or no feasibility, the NRA and its allies were
offering a plan that seemed to offer a meaningful reform yet posed no actual change in gun
purchasing procedures for many years to come." As a compromise, the bill was passed with a
termination date for the waiting period requirement and the
provision for the research and development of an "instant check"
system. Now, $200,000,000 later, the FBI has developed the technology for an
"instant check" system and millions of records have been computerized, and the NRA has the gall
to say the Brady background check is in fact the "NRA instant check."
Despite the NRA's persistent attempts to thwart the law, the Brady background check has
proven effective. The Department of Treasury notes that the Brady Bill, "for the first time
empowered FFLS and law enforcement to combat the practice of 'lying and buying.' Moreover,
since the Brady Law went into effect, background checks nationwide have stopped approximately
500,000 felons and other prohibited persons from buying handguns. The Justice Department has
estimated that, in the first five years of the Brady Law, 3/4 of those rejected from buying a
handgun were felons (or under felony indictment), domestic abusers or under restraining order.
Felons alone made up 63% of those rejected.
Even with the success of the Brady background check system, however, the NRA has never
supported this precautionary measure since it refuses to support extending background checks to all
purchasers. Again, it must be stressed that current law only requires background checks for
purchases made through FFLs, even though every year, more than 4,000 gun shows are held
nationwide at which tens of thousands of firearms are legally offered for sale by private, unlicensed
individuals on a "no-questions-asked," "cash-and-carry," "no-background-check" basis. The
Internet has also opened a vast new market for the sale and exchange of firearms. Although out-of-
state transfers are supposed to be handled through licensed gun dealers, who are required to handle
the background check process, in practice there is no current way to police private transactions on
the Internet. Despite such popular secondary gun markets, the NRA has refused to support an
extension of the background check requirement to these venues.
In fact, as recently as the spring of 1999, the NRA unsuccessfully opposed Senator Frank
Lautenberg's (D-NJ) amendment to the Juvenile Justice Bill in the Senate to require such checks at
gun shows and it helped kill comparable legislation the following month in the House of
Representatives. It did so by authoring and backing a proposal by former NRA Board member
Rep. John Dingell to drastically cut the time that law enforcement authorities would have been
permitted to complete gun show background checks (from 3 business days to just 24 hours).
Again, the NRA proposed an alternative of little or no feasibility - the NRA-Dingell
proposal would not work. According to the FBI, had the Dingell Amendment been the law for the
six months preceding the House debate, over 17,000 individuals who were refused the ability to
buy a gun from a gun dealer would have been able to obtain one over-the-counter. That's why the
NRA-authored Dingell Amendment was opposed by most major national law enforcement
organizations and the National Association of Stocking Gun Dealers. Although the NRA now says
it supports background checks - and claims to have even authored the current background check
system - they have been steadfast in their opposition to any background check that would
effectively prevent prohibited purchasers from gaining access to firearms. Instead, when push
comes to shove, the NRA will only support provisions that do not inconvenience gun buyers - and
also fail to promote the laws.
The Paranoia of "Lists" - NRA Recordkeeping Provisions Continually Frustrate Law
Enforcement
The gun lobby has spent much time and money to convince Congress and the American
public that enforcement of current gun laws, meaning the stringent prosecution and incarceration of
gun criminals, is the key to addressing the problem of gun violence. What they will not tell you is
that it is their paranoia about maintaining any sort of gun records that presents law enforcement
with the single largest impediment to successful prosecution.
Currently the Brady Law requires a federally licensed gun dealer to contact the national
instant background check system before completing a sales transaction and a record of the
background check inquiry is kept. The record consists solely of an identifier number assigned to
the inquiry and the date of the sale. By law, all other information about the purchaser and the
gun purchased must be destroyed.
As a result, premature destruction of instant background check records precludes the
effective audit of the check system for accuracy and the absence of fraud. It also deprives law
enforcement authorities of a valuable snapshot of firearms sales and/or purchasing activities by
dealers under suspicion of illegal dealing and by purchasers under investigation for weapons or
other criminal offenses.
Along with the destruction of all records related to Brady background checks, the NRA
demanded as the price of Senate passage of the Brady Bill a provision requiring local authorities to
destroy their copies of multiple gun sale forms less than three weeks after their receipt.
Federally licensed firearms dealers are required to file a report with the Secretary of the Treasury
reporting the sale of two or more handguns to any single individual within any five consecutive
business days. A copy of the report also must be filed with state or local law enforcement
authorities. Although the ATF may retain so-called "multiple sale" forms, federal law requires
state and local authorities to destroy all such forms (and any record of them having been filed)
within 20 days of receiving them. The multiple sale reporting requirement does not cover
purchases made at different FFLs. A purchaser can buy as many guns as he likes, without
worrying about a multiple sale report, so long as the guns are purchased from different licensees.
Without the legal ability to maintain and periodically review multiple sale reports for
purchasing patterns, efforts by State and local law enforcement authorities to identify and prosecute
gun traffickers are seriously compromised. Given its severely limited resources, the ATF cannot
reasonably be expected to conduct customized research on demand in its database of multiple sales
reports for states and localities. Furthermore, the law's failure to address purchases made at
various FFLs prevents the ATF from monitoring what are effectively multiple sale purchases and
leaves unchecked a primary source of illegal gun trafficking.
The inability to retain multiple sales information for any period of time also severely
restricts the usefulness of the information. This is unfortunate given the important role multiple
sales play in the illegal secondary gun market. Research by the Center to Prevent Handgun
Violence further demonstrates that multiple handgun purchases disproportionately involve the
purchase of categories of handguns that have been linked to crime
(e.g., Saturday Night Specials and handguns with the shortest
intervals of time between the purchase and recovery by law
enforcement). The finding was particularly apparent for bulk
purchases that involved the highest number of guns. Specifically, the Center found that Saturday
Night Specials accounted for 17.5% of all pistols purchased in bulk and over 25% of pistols
purchased in transactions involving five or more handguns. Furthermore, of the handguns
recovered from youth and juveniles as part of the 1998 Youth Crime Gun Interdiction Initiatives,
handguns with the shortest "time to crime" accounted for 32% of pistols purchased in transactions
of 5 or more handguns. There is a close correlation between multiple sales and the illegal market -
unfortunately, law enforcement is not given the tools necessary to pursue these issues and as a
result, the market continues unabated.
THE ATF: UNDERMANNED AND OVERREGULATED
The ATF is the lead enforcement agency for federal gun laws and statutes. While the NRA
cries for the enforcement of the laws, no one should forget that the NRA has made sport of
vilifying the agency chiefly entrusted with the task of enforcing the laws and has blocked all
legislation designed to empower it. The NRA has repeatedly claimed the ATF harasses gun
owners and dealers. In the 1981 NRA-produced film, It Can Happen Here, the NRA depicted ATF
agents as Gestapo-like fascists. During Congressional hearings the following year, one-time NRA
Board member Rep. John Dingell called ATF agents "knaves and rogues" and said, "I would love
to put them in jail. I would dearly love it." Of the agency, he said, "I think they are evil."
Concurrent with their ongoing smear campaign against the ATF, the NRA has waged a
sustained and successful Congressional campaign to fiscally cripple ATF's firearms enforcement
activities by minimizing the Agency's budget in an era of high inflation. This campaign has taken
a heavy toll in the Agency's enforcement personnel. Between 1980 and 1987, for example, the
number of ATF agents was slashed from 1,502 to 1,180 (-21.5%) and the number of inspectors
dropped from 655 to 626 even as the number of licensed firearms dealers exploded.
Emboldened by its success in the '80s, the NRA escalated its lobbying and its rhetoric in the
'90s, calling ATF agents "jackbooted thugs" in a now infamous fundraising letter signed by Wayne
LaPierre. Challenged on the slur in the media and Congress, LaPierre initially defended the slur on
all federal law enforcement officers before "clarifying" his intent. Former President George Bush
wasn't convinced and resigned his NRA life membership in protest. Nonetheless, the NRA has
refused to temper its character assassination of ATF and the many men and women who place
themselves in harm's way every day to enforce the nation's NRA-sabotaged firearms laws. As
recently as February 3 of this year, Rep. Helen Chenoweth (R-ID), a recipient of the NRA's
Legion of Honor award, described President Clinton's plan to enhance ATF resources as a
"charade" that would "unleash 500 more abusive ATF agents on the American public."
Law enforcement agencies - the groups the NRA pleads with to enforce the laws -
understand the NRA's agenda to weaken and deride the ATF. As William J. Bratton, former New
York City Police Commissioner observed, "the NRA has strenuously opposed increased financing
for the bureau and has successfully lobbied against giving it the authority to quickly investigate the
origins of gun sales." As a result of the NRA's tactics, for more than 25 years, Congress has
provided ATF with far fewer funds than necessary to hire, train, equip and support a sufficient
number of inspectors and agents to effectively enforce the nation's firearms laws. For example, in
1973, ATF and the Drug Enforcement Agency (DEA) had comparable numbers of agents and
enjoyed nearly equal funding (about $250 million). By 1998, however, the number of DEA agents
had almost tripled (from 1,470 to 4,261), while ATF's remained static (1,631 ATF agents were on
payroll in 1998, only 9 more than were employed in 1973). The DEA's budget grew to nearly 1.4
billion in 1998. ATF's funding, by contrast, increased to just $450 million in the same year
(adjusted for inflation). Additionally, ATF agents assigned to gun violations are required by law to
spend at least 25% of their time investigating the misuse of explosive devices and illegal tobacco
sales. Virtually no other federal law enforcement agency's resources are stretched so thin.
Insufficient funding means, necessarily, inadequate inspection and oversight of the more
than 104,000 federal firearms licensees who are currently firearms dealers. Inadequate inspection,
in turn, means undetected illegal gun trafficking, "straw purchases" of firearms by sham buyers for
criminals and other individuals, and the kind of potentially sloppy dealer recordkeeping that can
cripple crime gun tracing efforts. The ATF estimates that, in order to inspect each currently
licensed gun dealer just once during his or her three-year license term, the agency would need to
hire, train and deploy approximately 500 more inspectors (excluding support personnel and
equipment) than it can now afford. Thanks to the NRA - the ATF has been inadequately funded
and staffed, as well as unjustly maligned - and now they are asking the agency to more
aggressively enforce the laws.
CONCLUSION
This brief survey of three aspects of the gun debate - the McClure-Volkmer Act, the Brady
Law and funding of the Bureau of Alcohol, Tobacco and Firearms - illustrates that, when the NRA
complains about the "lack of enforcement," it is guilty of hypocrisy on a grand scale.
Unfortunately, there are many, many more examples of NRA action on the state and local level
that further demonstrate the hollowness of the its rhetoric. Most gun laws are state, not federal,
ones and the NRA has just as much of a stranglehold on many state legislatures as it does on
Congress. Its ongoing campaign to weaken state laws on carrying concealed handguns - over the
objections of law enforcement - is yet another example of the NRA's extremist agenda.
If the NRA wants Congress to step up enforcement, it should work to reverse the decades-
long damage that has been done to our gun laws at its behest. The NRA knows the ATF is
understaffed; indeed, their lobbying efforts have resulted in Congress continually underfunding the
agency. The NRA knows the laws are weak - they have spent millions of dollars making sure of
that. And now, the NRA claims that the fault lies with the President, the Vice President, and the
Attorney General, federal officers, and prosecutors. Enough with the rhetoric. If we want the gun
laws enforced, let's remove the obstacles to enforcement. Let's strengthen the laws that work and
let's empower the agency that enforces those laws.
SOURCES
William J. Bratton, "Mr. Heston, the Police Are Not the Enemy," New York Times, June 20, 1998.
Fox Butterfield, "Are Gun Laws, and Agency that Enforces Them, Equal to the Task?", New York
Times, July 22, 1999.
Commerce in Firearms in the United States, U.S. Department of Treasury, Bureau of Alcohol,
Tobacco and Firearms, February 2000
Gun Shows: Brady Checks and Crime Gun Traces, U.S Department of Treasury, U.S. Department
of Justice, Bureau of Alcohol, Tobacco and Firearms, January 1999.
Wayne LaPierre, American Rifleman, May 1997.
Wayne LaPierre, Guns, Crime, and Freedom, 1994.
Legislation to Modify the 1968 Gun Control Act: Hearings Before the Committee on the
Judiciary, U.S. House of Representatives, 99th Congress, 1st and 2ⁿᵈ sessions (1986).
"Presale Handgun Checks, the Brady Interim Period, 1994-1998." Bureau of Justice Statistics
Bulletin, NCJ 175034.
Robert Spitzer, The Politics of Gun Control, 1998.
03/20/00 MON 08:01 FAX
J.
001
U.S. HOUSE OF REPRESENTATIVES
Committee on the Judiciary
Democratic Staff Office
B-351-C Rayburn House Office Building
Washington, D.C. 20515
FACSIMILE COVER LETTER
TO:
Dcame
FAX NO: 416-7028 # PAGES: 2 (including this page)
FROM:
PERRY APELBAUM
SAMPAK GARG
CAROLYN DONNELLY
TED KALO
CORI FLAM
KEENAN KELLER
ANTHONY FOXX
TERESA VEST
COMMENTS:
If parts of this transmission are unclear or transmission
was faulted, please call: (202) 225-6906.
03/20/00 MON 08:01 FAX
002
03.07.2000 press release
Page 1 of 1
For Immediate Release
Date: March 07, 2000
Contact: Susan Dryden, 202-225-2176
McCollum to Introduce "Project Exile: The Safe Streets and Neighborhoods Act of
2000"
Bill Keeps Children, Families and Neighborhoods Safe by "Exiling" Criminals Who
Use Guns
Washington, D.C. - U.S. Representative Bill McCollum (R- FL), Chairman of the House
Subcommittee on Crime, today announced he will introduce next week "Project Exile: The Safe
Streets and Neighborhood Act of 2000." The bill would help make neighborhoods and communities
safer by implementing programs that ensure tough prison time for criminals who use guns. The
legislation provides block grants to states to use for resources to enforce existing gun laws, whether
state or federal laws, whichever provide tougher criminal penalty to those who commit crimes with
guns.
"My proposal is modeled after programs which have proven successful in many states and sends the
message to criminals that if they commit crimes with a gun, they will be 'exiled' to prison for a long
time so our children, families and neighborhoods remain safe" said McCollum
In states and communities around the country where aggressive prosecution of gun crimes has been
coupled with tough prison sentences, violent crime has gone down. The bill will provide $55 million
over the next 5 years as an incentive for states to implement such programs.
"We want to make sure the communities where our children play and go to school are safe. The Safe
Streets and Neighborhoods Act is a common sense approach to getting criminals who use illegal guns
off our streets and sending them a clear message that we will not tolerate gun crimes," said
McCollum.
Qualifying states would be allowed to use their funds to strengthen their criminal justice systems in a
wide variety of ways: hiring and training more judges, prosecutors and probation officers; increasing
prison capacity; and developing information-sharing case management systems to build case files for
serious offenders.
###
http://www.house.gov/mccollum/pr03-07-2000.html
03/20/2000
Project Exile: The Safe Streets and Neighborhoods Act of 2000
To be introduced by Rep. Bill McCollum (R-FL), March 22, 2000
"Project Exile: The Safe Streets and Neighborhoods Act" will help make our
communities and neighborhoods safer by addressing gun violence through the common sense
approach of ensuring vigorous prosecution of gun criminals. In the last two years a handful of
states, including Virginia, have dramatically reduced the level of gun crime in their states by
implementing programs that ensure tough prison time for criminals who use guns. This
approach simply enforces the laws already on the books, and ensures a minimum prison sentence
of at least five years for convicted violators. In states and communities around the country
where aggressive prosecution of gun crimes has been coupled with tough prison sentences,
violent crime has gone down. This is because criminals who use guns are the most hardened
offenders and the ones who commit the most crime. Getting them off the streets leads to a
dramatic reduction in crime, and sends an unmistakable deterrent message: We will not tolerate
gun crimes.
The Project Exile Act will provide resources to states that ensure a mandatory minimum
sentence of five years (without parole) for any person who uses or carries a firearm during and
in relation to a violent crime (murder, rape, robbery, and aggravated assault) or serious drug
trafficking offense (an offense under state law involving manufacturing or distributing a
controlled substance, for which a maximum term of imprisonment of ten years or more is
prescribed by law). Importantly, the Act requires that the mandatory minimum sentence must be
in addition to the punishment provided for the underlying crime. Alternatively, a state can
qualify for the Exile funds if it ensures that a person convicted of possessing a firearm and who
has a prior conviction for a violent crime serves a mandatory minimum sentence of five years.
The Act will give states the option to prosecute offenders in either federal or state court, so long
as the states ensure that the mandatory minimum sentence of five years is served.
The Project Exile Act will provide a total of $100 million in federal resources over five
years as an incentive for states to implement such programs and to help defray costs associated
with tougher enforcement against gun criminals. Funds received under the Act will be for
strengthening state criminal justice systems in a wide variety of ways, including: hiring and
training more judges, prosecutors and probation officers; increasing prison capacity; and
developing information-sharing case management systems that ensure that all segments of the
criminal justice system are contributing to and using the same case files for serious offenders.
The Act will build on the success of the Truth-in-Sentencing program that Congress has
funded over the last five years. The Truth-in-Sentencing program created an incentive for states
to require convicted violent offenders to serve at least 85 percent of their sentences, and helped
states defray costs associated with the resulting longer prison terms. This program has helped
move the national average time served for violent offenders from 35 percent in 1994 to close to
50 percent in 1998. It has been a key factor in lowering the crime rate over the last 7 years.
Legislative Components
State Eligibility Criteria
(A) Except as provided in (B), to qualify a state must, at a minimum:
(1) require a mandatory minimum sentence of five years (without parole) for any person
who: (a) uses or carries a firearm during and in relation to a violent crime (murder, rape,
robbery, and aggravated assault) or serious drug trafficking offense (an offense under
state law involving manufacturing or distributing a controlled substance, for which a
maximum term of imprisonment of ten years or more is prescribed by law), with the five
year mandatory minimum sentence being in addition to the punishment provided for the
underlying crime; or (b) is convicted of possessing a firearm and who has a prior
conviction for a violent crime or serious drug trafficking offense.
(2) implement a public awareness campaign to put violent criminals on notice of the
tough sentences for gun crimes and develop community support for the state's Safe
Streets and Neighborhoods program; and
(3) provide assurances that the state will coordinate with federal prosecutors and federal
law enforcement agencies serving their jurisdictions, so as to promote federal
involvement and cooperation.
(B) A state can qualify even if it does not have a five year mandatory minimum provided in state
law, pursuant to (A)(1), so long as it can assure that a person convicted for any of the above
identified crimes will receive mandatory minimum sentence of five years in federal court for the
offense. Such an assurance can be in the form of an executive order by the chief executive of
the state, or an exchange of letters between the state and the appropriate federal districts.
[Alternative: Also allow state to qualify if the five cities with the highest crime rate have
entered into such federal-city task force arrangements; then require that the resources be
dedicated to those cities]
Allowable Uses
- police
- prosecutors
- courts
- probation officers
- juvenile justice system
- prison expansion, renovation and personnel
- criminal history record improvements
- case management programs involving information-sharing regarding serious offenders
Funding Authorization
$100 million total with $10 million provided the first year (fiscal year '01), $15 million the
second year, $20 million the third year, $25 million the fourth year, and $30 million the final
year.
Funding Formula
Each state's share is based on its relative amount of violent crime (as a percentage of the total
violent crime of all other qualifying states).
Miscellaneous
- A state must provide assurances that it will allocate its resources with the aim of addressing
crime in its highest crime areas.
- A state may make sub-grants to cities or counties to carry out the purposes of this Act.
Definitions
- "violent crime" includes murder, rape, robbery, and aggravated assault.
- "serious drug trafficking offense" is an offense under state law involving manufacturing,
distributing, or possessing with intent to distribute, a controlled substance, for which a maximum
term of imprisonment of ten years or more is prescribed by law
Project Exile: The Safe Streets and Neighborhoods Act of 2000
To be introduced by Rep. Bill McCollum (R-FL), March 22, 2000
"Project Exile: The Safe Streets and Neighborhoods Act" will help make our
communities and neighborhoods safer by addressing gun violence through the common sense
approach of ensuring vigorous prosecution of gun criminals. In the last two years a handful of
states, including Virginia, have dramatically reduced the level of gun crime in their states by
implementing programs that ensure tough prison time for criminals who use guns. This
approach simply enforces the laws already on the books, and ensures a minimum prison sentence
of at least five years for convicted violators. In states and communities around the country
where aggressive prosecution of gun crimes has been coupled with tough prison sentences,
violent crime has gone down. This is because criminals who use guns are the most hardened
offenders and the ones who commit the most crime. Getting them off the streets leads to a
dramatic reduction in crime, and sends an unmistakable deterrent message: We will not tolerate
gun crimes.
The Project Exile Act will provide resources to states that ensure a mandatory minimum
sentence of five years (without parole) for any person who uses or carries a firearm during and
in relation to a violent crime (murder, rape, robbery, and aggravated assault) or serious drug
trafficking offense (an offense under state law involving manufacturing or distributing a
controlled substance, for which a maximum term of imprisonment of ten years or more is
prescribed by law). Importantly, the Act requires that the mandatory minimum sentence must be
in addition to the punishment provided for the underlying crime. Alternatively, a state can
qualify for the Exile funds if it ensures that a person convicted of possessing a firearm and who
has a prior conviction for a violent crime serves a mandatory minimum sentence of five years.
The Act will give states the option to prosecute offenders in either federal or state court, so long
as the states ensure that the mandatory minimum sentence of five years is served.
The Project Exile Act will provide a total of $100 million in federal resources over five
years as an incentive for states to implement such programs and to help defray costs associated
with tougher enforcement against gun criminals. Funds received under the Act will be for
strengthening state criminal justice systems in a wide variety of ways, including: hiring and
training more judges, prosecutors and probation officers; increasing prison capacity; and
developing information-sharing case management systems that ensure that all segments of the
criminal justice system are contributing to and using the same case files for serious offenders.
The Act will build on the success of the Truth-in-Sentencing program that Congress has
funded over the last five years. The Truth-in-Sentencing program created an incentive for states
to require convicted violent offenders to serve at least 85 percent of their sentences, and helped
states defray costs associated with the resulting longer prison terms. This program has helped
move the national average time served for violent offenders from 35 percent in 1994 to close to
50 percent in 1998. It has been a key factor in lowering the crime rate over the last 7 years.
Legislative Components
State Eligibility Criteria
(A) Except as provided in (B), to qualify a state must, at a minimum:
(1) require a mandatory minimum sentence of five years (without parole) for any person
who: (a) uses or carries a firearm during and in relation to a violent crime (murder, rape,
robbery, and aggravated assault) or serious drug trafficking offense (an offense under
state law involving manufacturing or distributing a controlled substance, for which a
maximum term of imprisonment of ten years or more is prescribed by law), with the five
year mandatory minimum sentence being in addition to the punishment provided for the
underlying crime; or (b) is convicted of possessing a firearm and who has a prior
conviction for a violent crime or serious drug trafficking offense.
(2) implement a public awareness campaign to put violent criminals on notice of the
tough sentences for gun crimes and develop community support for the state's Safe
Streets and Neighborhoods program; and
(3) provide assurances that the state will coordinate with federal prosecutors and federal
law enforcement agencies serving their jurisdictions, so as to promote federal
involvement and cooperation.
(B) A state can qualify even if it does not have a five year mandatory minimum provided in state
law, pursuant to (A)(1), so long as it can assure that a person convicted for any of the above
identified crimes will receive mandatory minimum sentence of five years in federal court for the
offense. Such an assurance can be in the form of an executive order by the chief executive of
the state, or an exchange of letters between the state and the appropriate federal districts.
[Alternative: Also allow state to qualify if the five cities with the highest crime rate have
entered into such federal-city task force arrangements; then require that the resources be
dedicated to those cities]
Allowable Uses
- police
- prosecutors
- courts
- probation officers
- juvenile justice system
- prison expansion, renovation and personnel
- criminal history record improvements
- case management programs involving information-sharing regarding serious offenders
Funding Authorization
$100 million total with $10 million provided the first year (fiscal year '01), $15 million the
second year, $20 million the third year, $25 million the fourth year, and $30 million the final
year.
Funding Formula
Each state's share is based on its relative amount of violent crime (as a percentage of the total
violent crime of all other qualifying states).
Miscellaneous
- A state must provide assurances that it will allocate its resources with the aim of addressing
crime in its highest crime areas.
- A state may make sub-grants to cities or counties to carry out the purposes of this Act.
Definitions
- "violent crime" includes murder, rape, robbery, and aggravated assault.
- "serious drug trafficking offense" is an offense under state law involving manufacturing,
distributing, or possessing with intent to distribute, a controlled substance, for which a maximum
term of imprisonment of ten years or more is prescribed by law
OF
1789
FACSIMILE COVER SHEET
DEPARTMENT OF THE TREASURY
OFFICE OF POLICY DEVELOPMENT
Phone: (202) 622-0300
Fax: (202) 622-7301
111
DATE:
Page 1 of
TO:
Deanne 1 Leanne
FAX:
456-7028
FROM:
S6
SUBJECT:
&
MESSAGE:
Isn't this a windfull?
Suran
1
O.P.D.
APR-21-2000 18:35
202 622 7301 P.01/02
TOTAL P.02
U.S. Newswire
4-20-00
P. 1 of 2
P. 10
NRA's Project Exile Condemned as
Betrayal by Gun Rights Groups
To: National Desk
Contact: Jews for Preservation of Firearms Ownership, 262-673-9745;
Citizens of America, 310-442-9877;
or Gun Owners of America, 703-321-8585
WASHINGTON, April 20 /U.S. Newswire/ -- "Project Exile," a
flagship program of the National Rifle Association, has provoked a
hammering denunciation from a large and growing coalition that
includes national, state, and grass-roots firearms rights
organizations, as well as individuals prominent in the firearms
rights and civil rights community.
In a statement that became public last Saturday (April 15) via the
internet news source WorldNet Daily.com, the coalition condemned
"Project Exile," which is a general demand for strict enforcement of
all existing federal gun laws. The coalition states that this clearly
implies the NRA leadership's endorsement of unconstitutional laws and
warn that these laws will ultimately be enforced against NRA's own
members. Calling "Project Exile" "a grotesque betrayal of the
eighty-three million American firearm owners who conduct peaceable
lives every day," they note that the program is also supported by
Bill Clinton and Handgun Control Inc. They call on the NRA's
current leadership to repudiate the program.
The coalition arrayed against "Project Exile" is led by Citizens
Of America, Gun Owners of America, Jews for the Preservation of
Firearms Ownership, and KeepAndBearArms.com, and includes numerous
large state-level groups.
In a statement linked to his name on the Web site, coalition
co-organizer and COA President Brian Puckett calls for ousting NRA
officials, also stating "One should not confuse the NRA and its
members with the current leadership, the so-called 'winning team',
which has presided over the most profound and far-reaching losses of
our Second Amendment Rights since the 1968 Gun Control Act."
Another co-organizer, former NRA Director Russ Howard, stated
today, "Project Exile makes it painfully clear that loyalty to the
Constitution is now dangerously inconsistent with blind loyalty to
NRA management."
Coalition co-organizer Angel Shamaya, director of
KeepAndBearArms.org and KeepAndBearArms.com, also stated today,
"We're getting new endorsements every day, including signatures from
the public. Project Exile is a total capitulation in our fight to
regain stolen rights. We want everyone to understand why and to join
us in denouncing this betrayal."
The entire strongly-worded statement "We Condemn Project
P.02/02
202 622 7301
O.P.D.
APR-21-2000 18:35
03/22/00 WED 17:23 FAX
001
U.S. HOUSE OF REPRESENTATIVES
Committee on the Judiciary
Democratic Staff Office
B-351-C Rayburn House Office Building
Washington, D.C. 20515
FACSIMILE COVER LETTER
TO:
Deanne
FAX NO:
456-7028 #PAGES:
(including this page)
FROM:
PERRY APELBAUM
SAMPAK GARG
CAROLYN DONNELLY
TED KALO
CORI FLAM
KEENAN KELLER
ANTHONY FOXX
TERESA VEST
COMMENTS:
If parts of this transmission are unclear or transmission
was faulted, please call: (202) 225-6906.
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March 22, 2000
NEWS CONFERENCE
U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL)
WASHINGTON, D.C.
U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL) HOLDS NEWS.
CONFERENCE ON
PROJECT EXILE
eMediaMillWorks, Inc. (f/k/a Federal Document Clearing House,
Inc.)
209 PENNSYLVANIA AVENUE, S.E., 2nd Floor
WASHINGTON, D.C. 20003
Tel: 202-547-4512
Fax: 301-883-9754
COPYRIGHT 2000 BY eMediaMillWorks, Inc.
NO PORTION OF THIS TRANSCRIPTION MAY BE COPIED, SOLD OR
RETRANSMITTED WITHOUT THE EXPRESS WRITTEN AUTHORITY OF
eMediaMillWorks, Inc.
EVENTDATE: 03-22
REPUBLICANS HOLD NEWS CONFERENCE ON PROJECT EXILE
MARCH 22, 2000
SPEAKERS: U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL)
U.S. REPRESENTATIVE DICK ARMEY (R-TX)
U.S. REPRESENTATIVE J.C. WATTS (R-OK)
U.S. REPRESENTATIVE JAMES ROGAN (R-CA)
U.S. REPRESENTATIVE HEATHER WILSON (R-NM)
U.S. REPRESENTATIVE ROBERT EHRLICH, JR. (R-MD)
(+)
MCCOLLUM: Well, thank you for being patient today. I'm
going to be joined by several of my colleagues up here, and I
apologize a little bit for being late for this press
availability. But I see we got a packed house, which is good.
I'm Congressman Bill McCollum of Florida and I chair the
Crime Subcommittee and today I'm here to announce the
introduction of a new bill, the Project Exile Act.
This is a bill that is patterned after something that's been
very successful in two different ways. A few years ago, we had
what was known as truth in sentencing. It was a bill that
provided incentive grants to the states if they in turn agreed
to provide 85 percent time being served by those who commit
violent crimes and serious, serious drug offenses.
The results of that have been staggering. Those incentive
grants, which provided money to the states to build more prison
beds, have resulted in a dramatic increase in the amount of time
served by violent criminals and drug offenders in this country,
03/22/00 WED 17:24 FAX
003
going up since 1994 from 34 percent to over 50 percent or Cime
on average being served in this country. They are a principal
reason why we have seen a major reduction in crime in this
country during that time, violent crime in particular, and more
than half the states have adopted that truth-in-sentencing
policy.
Today we're here about something that's very close to this
but something which is very particular, and that is to talk to
us and to the nation about violent crime, tragedies that could
be prevented, tragedies of human heartache that are unnecessary,
because we do not have the kind of tough sentencing and
mandatory sentencings that we need to have in this country
throughout the 50 states with regard to those who commit crimes
with guns or those who carry guns after they've been convicted
or those who might otherwise be sitting in jail somewhere and
they're not.
This bill that we're introducing today that my colleague are
with me or joining me in doing is a bill that would require a
mandatory minimum sentence of five years for any person who uses
or carries a firearm during or in relation to a violent crime;
that's murder, rape, robbery, aggravated assault or a serious
drug-trafficking offense. In addition, this is in addition to,
not separate and apart from the punishment that's provided by
the underlying crime.
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TRANSCRIPT
March 22, 2000
NEWS CONFERENCE
U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL)
WASHINGTON, D.C.
U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL) HOLDS NEWS
CONFERENCE ON
PROJECT EXILE
eMediaMillWorks, Inc. (f/k/a Federal Document Clearing House,
Inc.)
209 PENNSYLVANIA AVENUE, S.E., 2nd Floor
WASHINGTON, D.C. 20003
Tel: 202-547-4512
Fax: 301-883-9754
COPYRIGHT 2000 BY eMediaMillWorks, Inc.
NO PORTION OF THIS TRANSCRIPTION MAY BE COPIED, SOLD OR
RETRANSMITTED WITHOUT THE EXPRESS WRITTEN AUTHORITY OF
eMediaMillWorks, Inc.
EVENTDATE: 03-22
REPUBLICANS HOLD NEWS CONFERENCE ON PROJECT EXILE
MARCH 22, 2000
SPEAKERS: U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL)
U.S. REPRESENTATIVE DICK ARMEY (R-TX)
U.S. REPRESENTATIVE J.C. WATTS (R-OK)
U.S. REPRESENTATIVE JAMES ROGAN (R-CA)
U.S. REPRESENTATIVE HEATHER WILSON (R-NM)
U.S. REPRESENTATIVE ROBERT EHRLICH, JR. (R-MD)
(+)
MCCOLLUM: Well, thank you for being patient today. I'm
going to be joined by several of my colleagues up here, and I
apologize a little bit for being late for this press
availability. But I see we got a packed house, which is good.
I'm Congressman Bill McCollum of Florida and I chair the
Crime Subcommittee and today I'm here to announce the
introduction of a new bill, the Project Exile Act.
This is a bill that is patterned after something that's been
very successful in two different ways. A few years ago, we had
what was known as truth in sentencing. It was a bill that
provided incentive grants to the states if they in turn agreed
to provide 85 percent time being served by those who commit
violent crimes and serious drug offenses.
The results of that have been staggering. Those incentive
grants, which provided money to the states to build more prison
beds, have resulted in a dramatic increase in the amount of time
served by violent criminals and drug offenders in this country,
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mviqueira 3/22/00 15:58:23
going up since 1994 from 34 percent to over 50 percent of time
on average being served in this country. They are a principal
reason why we have seen a major reduction in crime in this
country during that time, violent crime in particular, and more
than half the states have adopted that truth-in-sentencing
policy.
Today we're here about something that's very close to this
but something which is very particular, and that is to talk to
us and to the nation about violent crime, tragedies that could
be prevented, tragedies of human heartache that are unnecessary,
because we do not have the kind of tough sentencing and
mandatory sentencings that we need to have in this country
throughout the 50 states with regard to those who commit crimes
with guns or those who carry guns after they've been convicted
or those who might otherwise be sitting in jail somewhere and
they're not.
This bill that we're introducing today, that my colleague are
with me or joining me in doing, is a bill that would require a
mandatory minimum sentence of five years for any person who uses
or carries a firearm during or in relation to a violent críme;
that's murder, rape, robbery, aggravated assault or a serious
drug- trafficking offense. In addition, this is in addition to,
not separate and apart from, the punishment that's provided by
the underlying crime.
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The Federal Document Clearing House
TRANSCRIPT
March 22, 2000
NEWS CONFERENCE
U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL)
WASHINGTON, D.C.
U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL) HOLDS NEWS
CONFERENCE ON
PROJECT EXILE
eMediaMillWorks, Inc. (f/k/a Federal Document Clearing House,
Inc.)
209 PENNSYLVANIA AVENUE, S.E., 2nd Floor
WASHINGTON, D.C. 20003
Tel: 202-547-4512
Fax: 301-883-9754
COPYRIGHT 2000 BY eMediaMillWorks, Inc.
NO PORTION OF THIS TRANSCRIPTION MAY BE COPIED, SOLD OR
RETRANSMITTED WITHOUT THE EXPRESS WRITTEN AUTHORITY OF
eMediaMillWorks, Inc.
EVENTDATE: 03-22
REPUBLICANS HOLD NEWS CONFERENCE ON PROJECT EXILE
MARCH 22, 2000
SPEAKERS: U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL)
U.S. REPRESENTATIVE DICK ARMEY (R-TX)
U.S. REPRESENTATIVE J.C. WATTS (R-OK)
U.S. REPRESENTATIVE JAMES ROGAN (R-CA)
U.S. REPRESENTATIVE HEATHER WILSON (R-NM)
U.S. REPRESENTATIVE ROBERT EHRLICH, JR. (R-MD)
(+)
MCCOLLUM: Well, thank you for being patient today. I'm
going to be joined by several of my colleagues up here, and I
apologize a little bit for being late for this press
availability. But I see we got a packed house, which is good.
I'm Congressman Bill McCollum of Florida and I chair the
Crime Subcommittee and today I'm here to announce the
introduction of a new bill, the Project Exile Act.
This is a bill that is patterned after something that's been
very successful in two different ways. A few years ago, we had
what was known as truth in sentencing. It was a bill that
provided incentive grants to the states if they in turn agreed
to provide 85 percent time being served by those who commit
violent crimes and serious drug offenses.
The results of that have been staggering. Those incentive
grants, which provided money to the states to build more prison
beds, have resulted in a dramatic increase in the amount of time
served by violent criminals and drug offenders in this country,
03/22/00 WED 17:26 FAX
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TVWING
going up since 1994 from 34 percent to over 50 percent of time
on average being served in this country. They are a principal
reason why we have seen a major reduction in crime in this
country during that time, violent crime in particular, and more
than half the states have adopted that truth-in-sentencing
policy.
Today we're here about something that's very close to this
but something which is very particular, and that is to talk to
us and to the nation about violent crime, tragedies that could
be prevented, tragedies of human heartache that are unnecessary,
because we do not have the kind of tough sentencing and
mandatory sentencings that we need to have in this country
throughout the 50 states with regard to those who commit crimes
with guns or those who carry guns after they've been convicted
or those who might otherwise be sitting in jail somewhere and
they're not.
This bill that we're introducing today, that my colleague are
with me or joining me in doing, is a bill that would require a
mandatory minimum sentence of five years for any person who uses
or carries a firearm during or in relation to a violent crime;
that's murder, rape, robbery, aggravated assault or a serious
drug- trafficking offense. In addition, this is in addition to,
not separate and apart from, the punishment that's provided by
the underlying crime.
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XXX the underlying crime.
MCCOLLUM: This is an, again, an incentive grant program to
the states to get them to change their laws to be able to
qualify if they will require a minimum mandatory sentence of
five years for those purposes or if a state provides for a
person who has been convicted of a felon of possessing a firearm
-- after that person has been convicted of a felony for a
violent crime or a drug trafficking offense. Or a state could
qualify if they simply made an arrangement with the federal
government to prosecute under existing laws with a minimum
mandatory sentences those convicted felons who are running
around with a firearm who, under federal law, would serve that
minimum of five years, at least, in prison.
I want to point to the fact that the state of Virginia,
particularly Richmond, is having enormous success in what is
known as Project Exile. We're simply naming our bill after
them. They have done a marvelous job of reducing crime in this
state next door to us.
And some of the charts show what Project Exile has meant in
Richmond, Virginia. You can see that prior to Project Exile,
Richmond had one of the highest murder rates in the world. It
had an exploding crime problem. Since 1997, when Project Exile
was begun in Richmond, homicides have dropped 46 percent.
That's the lowest level since 1987. Crimes involving guns have
dropped 65 percent. Aggravated assaults have dropped by 39
percent. And overall the number of violent crimes have dropped
by 35 percent.
It's a proven, common-sense approach, Project Exile is, to
preventing gun crimes. And that's what we're here about today.
I may comment more on it in a few minutes, but I'd like to
introduce some of my colleagues to be able to talk about this in
relationship to what they see as the importance of this, and
then we'll answer questions about it.
Again, I'd make one comment. It is a grant program. It's
$100 million over five years. It will be available to the
states who qualify to use for a variety of purposes, such as
prosecutors or police officers or any number of things they may
want to use this money for to improve their justice systems to
help prevent crime and fight crime in those states.
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XXX in those states.
MCCOLLUM: But only to the states that qualify by having one
of these two sets of sentencing guidelines on the books that
require minimum mandatory sentences for the gun crimes I've
described, or who have an arrangement worked out with the
federal government that ensures that those who have been
convicted as felons and then are found in possession of a gun
are given the minimum mandatory sentence under federal law.
Any way, having said that, I think J. C. Watts is not here, I
thought he might be. But Bob Ehrlich is the first on my list.
And Congressman Ehrlich is going to talk to us about Maryland's
version of this. And I'll let him up first.
Bob.
EHRLICH: Thanks, Bill.
MCCOLLUM: You're welcome, thank you.
CH: Just a little graph for everybody just to let youa2977reute u i BC-
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to Kosovo too ri
UNHCR boss
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XXX on the streets.
ROGAN: In California, we don't have a Project Exile, but we
do have three strikes. And three strikes over the last five
years or so has been probably the single most affective tool in
reducing the violent crime rate. And the reason for it isn't
because the bill was passed, it's because the criminals, the
violent criminals, know what that bill means. And when they
know what the cost of doing business is in California with the
three strikes bill, they choose not to do it in California or
they end up going to prison for a very long time.
And, Bill, that's why this Project Exile will be so
incredibly important on a nationwide basis. Because it's a bill
that I guarantee two things: Number one, criminals will
understand it; and number two, they won't like it. And the even
better result from it will be, it will get these violent
criminals off the streets.
We've passed some 20,000 gun control laws over the last 30
years in this country. All these gun control laws don't mean
anything if they're not going to be enforced. And the
Clinton-Gore administration has been abysmal in their
performance on that record over the last seven-and-a-half years
in enforcing these laws.
This is a bill that will give states the option of being able
to become a partner with the federal government to enforce
vigorous, tough, common-sense gun control legislation that will
make our city streets safer and will preserve public safety.
So, Bill, once again, I want to thank you and congratulate
you for your leadership. I'm proud to be with you here today.
MCCOLLUM: Congresswoman Heather Wilson of New Mexico.
WILSON: Thank you. I'm Heather Wilson, I represent
Albuquerque, New Mexico.
Last year here in the Congress, we passed an increase in
funding in the commerce, justice, state bill, targeted at
increase in prosecutions for firearms offenses. But it was only
for the 15 cities that the Department of Justice recommended as
the highest priorities.
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XXX look at it.
EHRLICH: And he got excited about it. He brought it to me,
and I got excited about it. And the first thing we did in
Maryland last year was convene a meeting of all our local states
attorneys to talk about Project Exile; not only states
attorneys, but federal officials as well.
We visited Richmond, Virginia. We took members of
legislature, representatives of NAACP, members of the Baltimore
business community, members of the Baltimore press
establishment, down with us to Richmond to speak to the people
who are actually doing exile in Richmond and now of course in
the state of Virginia as the program has gone statewide.
We have submitted testimony in Annapolis. We've lobbied to
push public opinion with respect to this issue, because it is an
issue you would think that would be common sense. And that's
the reason we're here today.
I'm very happy to join Bill, our leadership and my colleagues
here today. It's my sincere hope that this program can be
adopted. It can work in Maryland. It can work around the
country. It should not be the subject of controversy anywhere
at any place.
We can avoid so many tragedies with common-sense solutions
when it comes to gun crime. We can preserve principles relating
to federalism as this bill does, as Bill said. We can provide
maximum flexibility to our state legislators, and we can do the
common-sense and right thing and that's why I'm here today.
Bill, congratulations.
MCCOLLUM: Thank you, Bob.
Congressman Jim Rogan of California. Jim, member of my
Judiciary Committee.
ROGAN: My name is Jim Rogan, congressman from the 27th
District of California. First, I want to congratulate Chairman
McCollum for his incredible leadership on this issue.
We pass a lot of bills here in Congress, but there are very
few bills that get passed that will make a difference in
people's lives, and this is the kind of bill that will make a
difference in the lives of children and in the lives of ordinary
citizens on the streets,
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XXX Exile in Colorado.
TANCREDO: For obvious reasons, this is extremely important
to me. My district is the 6th Congressional District in
Colorado and includes Columbine.
I said at the time that I believe Project Exile was an
excellent way for us to address the issue of gun violence in
this country. I also said that if it was a matter of resources,
that they could count on my to come here and try to do my best
to get the resources that they would need to actually implement
Project Exile.
Anecdotally, I remember reading something in a Virginia paper
not too long ago where someone had been taken into custody, a
drug dealer had been taken into custody, and he had had a very
large amount of drugs in his possession, far larger than anybody
would assume someone would have and not have a gun at the same
time. It's been their experience in Virginia and everywhere
else that if you get somebody and he's carrying this much in
illegal narcotics he's also almost always carrying a firearm.
But he wasn't carrying a firearm, and so they were wondering
about it. The authorities kept pressing him as to in fact why
he wasn't carrying a firearm. Where was it? Had they just not
found it? And they just kept bugging him and kept pushing him.
And finally he jumps up and says: "It's five years, man.
Five years, man."
I think that's a great commercial. I wish we could run that,
you know, part of that Project Exile, both in Colorado and in
Virginia, is an ad campaign. And we started them just a little
bit ago in Colorado, and it's designed to get people to
understand the ramifications of their actions if you choose to
use a firearm in the commission of a crime in Colorado and in
Virginia. I think that'd just be -- I think that's all we have
to have: "It's five year, man." That should be on the
bulletin boards everywhere. That should be the thing on -- that
we run on TV.
Because it matters, it does matter, as has been mentioned by
my colleagues here.
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XXX the highest priorities.
WILSON: Fortunately for me, Albuquerque, New Mexico, was one
of those cities. Fortunate, but unfortunate, because
Albuquerque is one of the most violent cities per capita in the
nation. We're up there at number 33.
So it is likely that this year we will get two new assistant
U.S. attorneys in Albuquerque to prosecute firearm crimes.
But we need to take that nationwide. Project Exile has shown
that this kind of approach works at both deterring crime and
taking those who use firearms in a crime and putting them behind
bars.
But more important than how the crime rate is going
nationwide or in Albuquerque, my hometown, is how people feel
about it. And we talk about in this country how we're the
freest country in the world. But if you don't feel safe walking
around your neighborhood at night, then you're not really free.
And to me that's what this bill is about. It's about giving
people the confidence over time that you can walk around your
neighborhood, whether you're elderly or a woman or just walking
alone and afraid. And you shouldn't have to be afraid if you're
an American.
This bill says there's going to be hard time for armed crime.
And I think that's the way we need to go. If somebody comes
around a second time in possession of a gun after they've
already been convicted of a violent felony, I don't want to see
them any more in my town. And that's what this is about.
And I want to commend Mr. McCollum for his actions.
MCCOLLUM: Congressman Tancredo from Colorado. Congressman.
TANCREDO: Thank you, Mr. McCollum.
A couple of weeks ago, I stood at another podium in Colorado
along with the U.S. attorney there to herald the development or
the announcement that we were going to have a Project Exile in
Colorado.
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XXX my colleagues here.
TANCREDO: Believe it or not, criminals do pay attention to
things like this and will choose, if they have -- if they think
about it any length of time -- more often than not, they will
choose to avoid the possibility of spending that hard time.
So in Colorado this was actually started and implemented in
September of last year, and there's been a significant increase
already In the number of defendants and in the number of cases
filed. I believe that it will result in a reduced number of
incidents.
I certainly pray that it helps us all -- not just in
Colorado, but everywhere in this country -- reduce the
possibility of another kind of Columbine event. Of course,
that's what I focus in on, that's the thing I try to at least
establish any sort of policy in terms of gun control issues
around, and I believe that this does have an effect.
And so I want to commend the chairman also, and I appreciate
him giving me a few moments to discuss it with you today.
MCCOLLUM: Well, I want to thank all four of my colleagues
are here today for joining in co-sponsoring this bill. I would
expect to have a wide variety of co-sponsors after we've
introduced it, but they are originals, and they're here for
reasons they've each stated.
So I may not have been clear on all the details. I wanted to
give them some time. So let's take some questions from anybody
who has them.
Yes, sir?
QUESTION: Did the Democrats manage to steal your enforcement
issue yesterday? Carolyn McCarthy and Chuck Schumer put out a
bill that has some of these elements and other items in it, and
they essentially said they were calling your bluff on
enforcement.
MCCOLLUM: Well, I don't know all the details of their bill.
But what I'm impressed with is the fact that this bill, as
opposed to the administration's proposed bill, which I think is
what they've introduced, has the mandatory minimum hook that's
here.
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XXX hook that's here.
MCCOLLUM: We have an incentive grant program. And what this
program deals with is going to the states. This bill, I think,
is very unique in this regard. And says to the states, look, if
you change your laws, your sentencing laws, if you change your
sentencing laws to deal with the matters as we suggest -- that
is go to Project Exile, like I think about six states in the
country already have -- then you will be able to get this money
to improve your justice systems.
But the catch to this, of course, is that change requires a
minimum mandatory five year sentence in some manner or means for
somebody who uses or carries a gun in the commission of a
violent crime or a drug related crime, and/or has been a
convicted felon already for a violent crime or drug related
crime, and has a possession of a gun -- he might not be in the
commission of a crime. I think that's quite unique, and I don't
think that's spelled out in their bill.
By the way, I'm not worried either about how many people put
in copy cat bills. We've been working on this for sometime. I
don't think -- what they've done though is this bill.
Who has another one? Anybody got something else?
Yes, ma'am?
QUESTION: What are the six states, how many states would be
eligible or moving toward
MCCOLLUM: Well, this is very similar to what it was back
when we filed the first bill that I mentioned to you with regard
to truth in sentencing a few years ago to provide incentive
grants to states. There were about six or seven states that
qualified.
My understanding from all the survey of our crime
subcommittee is that there are now six states we believe that
have qualified today for these grants, as of this moment. And I
know of four or five of them -- Virginia, Texas, Florida, I
think Colorado, I know Louisiana, and there's one more here,
South Carolina. The objective is to encourage the other states
to do this.
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XXX to do this.
MCCOLLUM: If every state -- if a lot of states requalified
this program, this bill would not be here today. It wouldn't be
I
necessary. But it is, and this will hopefully encourage the
states that have not to come aboard very quickly.
Who has another one?
QUESTION: $100 million (OFF-MIKE). Is that enough to make a
real impact on Congress?
MCCOLLUM: Well, I think the issue is will it make an impact
on the states wanting to do this to get more money. And usually
in the criminal justice area, our experience has been that they
do want the money.
And this bill is not evenly divided. It starts out with --
because we only have six states we think that are currently
qualified -- with $10 million. And then it graduates up $5
million more to be appropriated -- or at least is authorized for
appropriation each year after that, until it gets to the
completion of the five years, at which point there will be $30
million in the pot.
so there is an incentive just in what -- when the money is
available, for the states that have not adopted these laws to
get in line because there's going to be an ever-increasingly
larger pot of money.
And I would suggest to you if this doesn't prove to be
enough, we'll add more. We did originally $500 million in the
truth and sentencing grants and we found out that we didn't have
to use all of it. That was not all consumed initially. so I
think $100 million is plenty.
QUESTION: On the issue of (OFF-MIKE) violence, do you think
that Smith & Wesson (OFF-MIKE) ?
MCCOLLUM: Well, I don't really. I'm not here to comment on
the Smith & Wesson settlement. I have no way of knowing whether
it will or it won't.
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MCCOLLUM: I think we're going to continue to see all kinds
of changes in this arena. And I'm hopeful that we produce a
bill that's completely separate from this, that's been over
there in the juvenile crime arena for some time, that also
resolves the issues that are pending in a whole other set of gun
issues.
Today we're here to address the one thing that's really
critical and that's the Project Exile, and how do we get
together. And we know that we have bipartisan desire on this
bill to do Project Exile.
Who has another one? Anybody?
Yes, ma'am?
QUESTION: If this is such a great idea why are they not
moved with states? (inaudible) Why do they need federal monies
to do
MCCOLLUM: Well, my guess is most states have some resistance
to incarceration for lengthy periods of time. Minimum mandatory
sentences carry a price, in a dollar sense. You have to have
the jail space and prison space.
Now, this combined with the prison grant program we already
have out there, which truth in sentencing still exists, is on
the books, there is money in it and probably will be in this
next fiscal year from the federal government. I would like to
believe that states will go and buy into this program, and that
the public will latch onto it and demand seeing the results in
Maryland, in Colorado, in Virginia, that their states do the
same thing. But my guess is that's the reason.
Yes, ma'am?
QUESTION: (OFF-MIKE)
MCCOLLUM: There -- it may be a great idea to hire more
agents, and we're certainly no foreclosing that. This bill does
not concern the federal law enforcement or federal crimes.
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XXX or federal crimes.
MCCOLLUM: What we're dealing with here today is trying to
encourage the states to make changes. You may remember that a
couple years ago, less than that, actually, that we passed a
bill that's now law that has minimum mandatory sentences in it
for those who commit crimes at the federal level with guns or
for those who have been, obviously you know this -- it's been on
the books for some time -- it's been debated a lot -- convicted
felons who are found possessing a gun.
What we don't have though are the 50 states out there doing
this. At least we don't have 44 of them. And so this bill
concerns encouraging the states, where most crime is -- most
crime is state crime, very few are -- or actually, violent
crimes -- are federal crimes.
So this encouraged the states. And I think the bottom line
of this is what has been said a couple of times here today. I
just don't think we ought miss this. And that is there is a
message here. And the message is, if you commit a crime with a
gun, you're going to do a lot of time. And it's a deterrent
message. It's a very important message. And the states have to
be involved in it for that message to be there.
Yes?
QUESTION: (OFF-MIKE)
MCCOLLUM: We understand that there's generally support out
there. I do not have an endorsement for this bill or a whole
list of them today because the bill was in fluid state to
produce it today, so they couldn't see the final copy.
But I would expect that we'd have a wide variety of folks in
both Democrat and Republican and all interested parties in
wanting to be involved in supporting this legislation.
We're going to have a hearing on it April 6 in the
subcommittee on crime. This bill will move, I think very
rapidly. And I'd like to believe that we'll have this in law
before the end of the summer.
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XXX of the summer
MCCOLLUM: Yes, sir?
QUESTION: Do you have any estimates, cost estimates, maybe
from Virginia or other states, on how much this will increase
prison costs?
MCCOLLUM: I don't have a dollar figure, but I would suggest
to you that it can be compared to what we've done in areas like
those things involving truth in sentencing, where there were
times of incarceration that does cost more. There's no
question, there is some cost involved in this.
But let me suggest to you that we're working on a parallel
bill that will reduce that cost. And I'm not ready to go in to
great detail with you today, because that's not the purpose of
this press conference either.
But the subcommittee on crime has produced, and we are
working as a bipartisan way on, a bill dealing with prison
industries, that in part would provide for a much greater return
to pay and offset for states the cost of incarceration.
So there are a lot of innovative things going on out there
today that would hopefully mitigate these costs.
And I would bring back to you one other thing. When we use
the word "cost," there are all kinds of implications to that.
The greatest cost to any American is his or her life. And we're
dealing with children, and we're dealing with guns, and we're
dealing with people losing their lives, and I think that cost is
far greater than the cost of any prison that might be resulting
from a minimum mandatory of five years for any state under this
bill.
So we've got a bill.
Well, thank you very much for coming out today.
I thank all of my colleagues for joining me.
Thank you.
END ETX
03/22/00 WED 16:35 FAX
001
U.S. HOUSE OF REPRESENTATIVES
Committee on the Judiciary
Democratic Staff Office
B-351-C Rayburn House Office Building
Washington, D.C. 20515
FACSIMILE COVER LETTER
TO:
Deanne
FAX NO:
456-7028 #PAGES:
(including this page)
FROM:
PERRY APELBAUM
SAMPAK GARG
CAROLYN DONNELLY
TED KALO
CORI FLAM
KEENAN KELLER
ANTHONY FOXX
TERESA VEST
COMMENTS:
If parts of this transmission are unclear or transmission
was faulted, please call: (202) 225-6906.
03/22/00 WED 16:36 FAX
5
002
PRESS RELEASE
Congressman John Conyers, Jr.
Fourteenth District, Michigan
Ranking Member, Committee on the Judiciary
Dean, Congressional Black Caucus
FOR IMMEDIATE RELEASE:
CONTACT:
March 22, 2000
Ted Kalo (225-6906)
Conyers Reacts to McCollum Enforcement Block Grant Bill:
"It Only Pays Lip Service to Enforcement"
Today, reacting to the Republican Leadership's introduction of a gun enforcement block
grant bill, John Conyers, Jr. (D-MI), Ranking Member of the House Judiciary Committee, issued
the following statement:
"Everyone supports more enforcement. But when you hear the NRA and its allies in
Congress cry their misleading statistics, remember that it is a trick. A trick to divert attention
from their opposition to closing the gun show loophole. A trick so they don't have to explain
why the NRA supports laws that allow criminals to get out of jail and get their guns back.
And it is a farce. The NRA and its allies in Congress opposed the laws they now want so
badly to be enforced. And the NRA and its allies in Congress have made sure that the agencies
that enforce our gun laws can only do so with one arm tied behind their backs.
When the NRA saw that it was losing the battle on gun safety, it changed the subject by
talking about federal enforcement of our gun laws. The NRA thinks that the facts are on their
side, and they talk about a 50% drop in federal gun prosecutions. That number has been pulled
out of a hat and bears no relationship to any statistic I have seen. Then they say that federal
prosecutions are down, but fail to count the most recent statistics.
The facts don't lie, and the facts are that: federal gun prosecutions in 1999 were up 16%
over 1992; combined federal, state, and local gun prosecutions are up 22 percent from 1992
through 1997; and violent crime with guns is down 35%. The NRA's tired old refrain is a trick,
a false choice, and as the numbers show, a bald-faced lie.
03/22/00 WED 16:36 FAX
003
As to the substance of the McCollum bill, based on drafts that I have seen, it appears to
only pay lip service to enforcement by mimicking Reagan-era revenue sharing approaches.
Unlike the McCarthy-Conyers-Schumer "ENFORCE Act", the McCollum bill merely urges
federal prosecution of gun crimes but provides no resources to federal gun prosecutors and no
resources to ATF to enforce gun laws.
The bill does nothing to target the one percent of gun dealers who are responsible for
selling nearly half of the guns traced to crime. It does nothing to plug NRA sponsored loopholes
that, among other things, allows criminals to get out of jail and get their guns back.
It is time to reject the NRA's posturing. It is time to reject the NRA's false choice
between enforcement or gun safety measures. We want to do both. If the McCollum bill is the
best the NRA and its allies in Congress can come up with, they do not want to do either."
#106-96#
The McCollum Enforcement Block Grant Bill:
Paying Lip Service to Enforcement
What is in the bill?
McCarthy/Conyers
McCollum
"Enforce Act"
block grant bill
Benjamin Smith- Does it prevent kitchen table gun peddlers from selling guns to felons, fugitives or stalkers without
Yes.
No.
03/22/00 WED
any background check or recordkeeping?
Day Care Centers- Does it prevent a gun store from being set up next to a day care center?
Yes.
No.
Gun Thieves- Does it include measures that prevent "smash and grab" thefts by gun traffickers?
Yes.
No.
FAX 16:36
Stolen Gun Shipments- Does it require delivery services (e.g. UPS, FedEx) to alert authorities to thefts of gun
Yes.
No.
shipments?
Do Your Job But Only Once a Year- Does it remove the NRA-sponsored loophole limiting unannounced ATF
Yes.
No.
inspections to one per year, fewer than we allow for poultry inspectors, that gives bad apple gun dealers a free ride?
Personal Collection- Does it remove the NRA-sponsored loophole that lets bad apple gun dealers and traffickers hide
Yes.
No.
fraudulent transactions by claiming the gun sold was from a "personal collection"?
Weak Penalties for Bad Dealers- Does it put teeth into sanctions on bad apple gun dealers?
Yes.
No.
Get out of Jail and Get Your Guns Back- Does it remove the NRA-sponsored loophole that rearms convicted felons?
Yes.
No.
Wife Beater Records- Does it give resources to law enforcement to identify batterers and stalkers who are attempting
Yes.
No.
to buy guns?
One Hand Tied Behind ATF's Back- Does it add ATF agents and inspectors to remove NRA- sponsored limits that
Yes.
No.
have kept enforcement resources at 1970's levels?
Smart Guns- Does it provide funding for "smart guns" that will prevent weapons from being used by intruders,
Yes.
No.
children and criminals to shoot police officers?
Anonymous Gun Criminals- Does it include forensic ballistics measures that aid in the identification of gun criminals
Yes.
No.
by using "gun fingerprints"?
Federal Prosecutions without Federal Prosecutors- Does it include funding for federal prosecutors to prosecute gun
Yes.
No.
crimes?
Underfunded Exile- Does it provide funding for expansion of "Project Exile" (coordination between federal, state and
Yes. The bill
Yes. But the
local prosecutors to determine whether gun criminals should be prosecuted in federal court and media campaigns to
provides $165
McCollum bill
publicize the severe penalties for gun crimes)?
million for this
only grants $100
purpose.
million and only
to states.
Prepared by the House Judiciary Committee Democratic Staff based on drans provided to the media.
004
03/22/00 WED 16:37 FAX
005
U.S. REPRESENTATIVE
BILLMcCOLLUM
8th District-Florida
2109 Rayburn House Office Building
Washington. D.C. 20515
202/225-2176
For Immediate Release
Date:
March 22, 2000
Contact:
Susan Dryden, (202) 225-2176 or pager (800)759-8888 pin 1758916
McCollum Introduces "Project Exile: The Safe Streets
and Neighborhoods Act of 2000"
Bill Keeps Children, Families and Neighborhoods Safe by
"Exiling" Criminals Who Use Guns
Washington, D.C. - Today U.S. Representative Bill McCollum (R-FL), Chairman of the House
Subcommittee on Crime, introduced "Project Exile: The Safe Streets and Neighborhoods Act of
2000." The bill provides a proven, common sense approach to reducing gun crimes by enforcing the
laws already on the books and ensuring tough prison time for criminals who use guns. McCollum's
bill has the support of Majority Leader Dick Armey (R-TX), Majority Whip Tom DeLay and House
Republican Conference Chairman J.C. Watts (R-OK), all of whom are original co-sponsors of the
legislation.
"The real heartache regarding gun violence is that it involves avoidable tragedies," said McCollum.
"The sad truth is violent criminals are back on the streets before they should be, and are committing
additional crimes. We must ensure appropriate, tough sentences the first time, so the subsequent
crimes - and the subsequent heartache - will be avoided."
In states and communities around the country where aggressive prosecution of gun crimes has been
coupled with tough prison sentences, violent crime has gone down. Project Exile would help make
neighborhoods and communities safer by providing block grants to qualifying states to strengthen
their criminal and juvenile justice systems if they ensure tough prison sentences for those who commit
gun crimes.
The bill will provide $100 million over the next 5 years as an incentive for states to implement such
programs. In order to qualify for grants, states must take three steps: 1) require a mandatory
minimum sentence without parole for anyone who uses or carries a firearm in any violent crime or
serious drug trafficking offense, or for a violent convict who is caught possessing a gun; 2) implement
a public awareness campaign to make violent criminals aware of the tough sentences for gun crimes;
and, 3) work with federal law enforcement authorities to promote federal cooperation to ensure
criminals who use guns receive tough sentences.
03/22/00 WED 16:37 FAX
1
006
"Project Exile is a proven, common sense approach to stopping these avoidable tragedies by 'exiling'
violent gun criminals to prison so our children, families and neighborhoods remain safe," said
McCollum.
Qualifying states would be allowed to use their funds to strengthen their criminal and juvenile justice
systems in a wide variety of ways: hiring and training more judges, prosecutors and probation
officers; increasing prison capacity; and developing information-sharing case management systems to
build case files for serious offenders.
# # #
03/22/00 WED 16:37 FAX
007
I
Project Exile: The Safe Streets and Neighborhoods Act of 2000
To be introduced by Rep. Bill McCollum (R-FL), March 22, 2000
"Project Exile: The Safe Streets and Neighborhoods Act" will help make our
communities and neighborhoods safer by addressing gun violence through the common sense
approach of ensuring vigorous prosecution of gun criminals. In the last two years a handful of
states, including Virginia, have dramatically reduced the level of gun crime in their states by
implementing programs that ensure tough prison time for criminals who use guns. This approach
simply enforces the laws already on the books, and ensures a minimum prison sentence of at
least five years for convicted violators. In states and communities around the country where
aggressive prosecution of gun crimes has been coupled with tough prison sentences, violent
crime has gone down. This is because criminals who use guns are the most hardened offenders
and the ones who commit the most crime. Getting them off the streets leads to a dramatic
reduction in crime, and sends an unmistakable deterrent message: We will not tolerate gun
crimes.
The Project Exile Act will provide resources to states that ensure a mandatory minimum
sentence of five years (without parole) for any person who uses or carries a firearm during and in
relation to a violent crime (murder, rape, robbery, and aggravated assault) or serious drug
trafficking offense (an offense under state law involving manufacturing or distributing a
controlled substance, for which a maximum term of imprisonment of ten years or more is
prescribed by law). Importantly, the Act requires that the mandatory minimum sentence must be
in addition to the punishment provided for the underlying crime. Alternatively, a state can
qualify for the Exile funds if it ensures that a person convicted of possessing a firearm and who
has a prior conviction for a violent crime serves a mandatory minimum sentence of five years.
The Act will give states the option to prosecute offenders in either federal or state court, so long
as the states ensure that the mandatory minimum sentence of five years is served.
The Project Exile Act will provide a total of $100 million in federal resources over five
years as an incentive for states to implement such programs and to help defray costs associated
with tougher enforcement against gun criminals. Funds received under the Act will be for
strengthening state criminal justice systems in a wide variety of ways, including: hiring and
training more judges, prosecutors and probation officers; increasing prison capacity; and
developing information-sharing case management systems that ensure that all segments of the
criminal justice system are contributing to and using the same case files for serious offenders.
The Act will build on the success of the Truth-in-Sentencing program that Congress has
funded over the last five years. The Truth-in-Sentencing program created an incentive for states
to require convicted violent offenders to serve at least 85 percent of their sentences, and helped
states defray costs associated with the resulting longer prison terms. This program has helped
move the national average time served for violent offenders from 35 percent in 1994 to close to
50 percent in 1998. It has been a key factor in lowering the crime rate over the last 7 years.
03/22/00 WED 16:38 FAX
5
008
2
Legislative Components
State Eligibility Criteria
(A) Except as provided in (B), to qualify a state must, at a minimum:
(1) require a mandatory minimum sentence of five years (without parole) for any person
who: (a) uses or carries a firearm during and in relation to a violent crime (murder, rape,
robbery, and aggravated assault) or serious drug trafficking offense (an offense under
state law involving manufacturing or distributing a controlled substance, for which a
maximum term of imprisonment of ten years or more is prescribed by law), with the five
year mandatory minimum sentence being in addition to the punishment provided for the
underlying crime; or (b) is convicted of possessing a firearm and who has a prior
conviction for a violent crime or serious drug trafficking offense.
(2) implement a public awareness campaign to put violent criminals on notice of the
tough sentences for gun crimes and develop community support for the state's Safe
Streets and Neighborhoods program; and
(3) provide assurances that the state will coordinate with federal prosecutors and federal
law enforcement agencies serving their jurisdictions, so as to promote federal
involvement and cooperation.
(B) A state can qualify even if it does not have a five year mandatory minimum provided in state
law, pursuant to (A)(1), so long as it can assure that a person convicted for any of the above
identified crimes will receive mandatory minimum sentence of five years in federal court for the
offense. Such an assurance can be in the form of an executive order by the chief executive of the
state, or an exchange of letters between the state and the appropriate federal districts.
[Alternative: Also allow state to qualify if the five cities with the highest crime rate have
entered into such federal-city task force arrangements; then require that the resources be
dedicated to those cities]
Allowable Uses
- police
- prosecutors
- courts
- probation officers
- juvenile justice system
- prison expansion, renovation and personnel
- criminal history record improvements
- case management programs involving information-sharing regarding serious offenders
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1
009
3
Funding Authorization
$100 million total with $10 million provided the first year (fiscal year '01), $15 million the
second year, $20 million the third year, $25 million the fourth year, and $30 million the final
year.
Funding Formula
Each state's share is based on its relative amount of violent crime (as a percentage of the total
violent crime of all other qualifying states).
Miscellaneous
- A state must provide assurances that it will allocate its resources with the aim of addressing
crime in its highest crime areas.
- A state may make sub-grants to cities or counties to carry out the purposes of this Act.
Definitions
- "violent crime" includes murder, rape, robbery, and aggravated assault.
- "serious drug trafficking offense" is an offense under state law involving manufacturing,
distributing, or possessing with intent to distribute, a controlled substance, for which a maximum
term of imprisonment of ten years or more is prescribed by law
03/22/00 WED 16:38 FAX
010
Project Exile: The Richmond, Virginia Success Story
Prior to Project Exile, Richmond, VA, had one of the highest murder rates in the
world and an exploding violent crime problem.
Since 1997, when Project Exile was begun in Richmond:
Homicides have dropped 46% (the lowest level since 1987)
Crimes involving guns have dropped by 65%
Aggravated assault $ have dropped by 39%
And the overall number of violent crimes have dropped by 35%
Project Exile is a proven, common sense approach
to preventing avoidable tragedies
03/22/00 WED 16:38 FAX
011
A Record to Be Proud of?
Clinton Administration's Record on Prosecution of Gun Law Violations
1996
1997
1998
Prosecutions under the
0
0
1
Brady Act . Background
Checks
Prosecutions for the
9
5
6
Transfer of a Handgun or
Ammunition to a Juvenile
Prosecutions for
27
3
8
Possession of a Handgun
or Ammunition by a
Juvenile
Prosecutions for
4
5
8
Possession or Discharge of
a Firearm in a School Zone
Prosecution for Possession
4
5
8
of Firearm by a Juvenile at
School
Prosecutions for Firearm
0
21
56
Possession by a Convicted
Spouse Abuser
Source: Cases Reported, Executive Office, United States Attorney
03/22/00 WED 16:39 FAX
5
012
F:\M6\MCCOLL\MCCOLL.086
[Discussion Draft]
H.L.C.
[DISCUSSION DRAFT]
106TH CONGRESS
2D SESSION
H.R.
IN THE HOUSE OF REPRESENTATIVES
Mr. McCoLLUM introduced the following bill; which was referred to the
Committee on
A BILL
To establish a grant program that provides incentives for
States to enact mandatory minimum sentences for cer-
tain firearms offenses, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Project Exile: The Safe
5 Streets and Neighborhoods Act of 2000".
March 21, 2000 (12:00 PM)
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013
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[Discussion Draft]
H.L.C.
2
1 SEC. 2. FIREARMS SENTENCING INCENTIVE GRANTS.
2
(a) PROGRAM ESTABLISHED.-Title П of the Violent
3 Crime Control and Law Enforcement Act of 1994 is
4 amended—
5
(1) by redesignating subtitle D as subtitle E;
6
and
7
(2) by inserting after subtitle C the following
8
new subtitle:
9
"Subtitle D-Firearms Sentencing
10
Incentive Grants
11 "SEC. 20351. DEFINITIONS.
12
"For purposes of this subtitle:
13
"(1) The term "violent crime" means murder
14
and nonnegligent manslaughter, forcible rape, rob-
15
bery, and aggravated assault, or a crime in a reason-
16
ably comparable class of serious violent crimes as
17
approved by the Attorney General.
18
"(2) The term "serious drug trafficking crime"
19
means an offense under State law for the manufac-
20
ture or distribution of a controlled substance, for
21
which State law authorizes to be imposed a sentence
22
to a term of imprisonment of 10 years or more.
23
"(3) The term 'part 1 violent crime' means
24
murder and nonnegligent manslaughter, forcible
25
rape, robbery, and aggravated assault as reported to
March 21. 2000 (12:00 PM)
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(Discussion Draft]
H.L.C.
3
1
the Federal Bureau of Investigation for purposes of
2
the Uniform Crime Reports.
3
"(4) The term 'State' means a State of the
4
United States, the District of Columbia, the Com-
5
monwealth of Puerto Rico, the United States Virgin
6
Islands, American Samoa, Guam, and the Northern
7
Mariana Islands.
8 "SEC. 20352. AUTHORIZATION OF GRANTS.
9
"(a) IN GENERAL.From amounts made available to
10 carry out this subtitle, the Attorney General shall provide
11 Firearms Sentencing Incentive grants under section
12 20353 to eligible States.
13
"(b) ALLOWABLE USES.-Such grants may be used
14 by a State only for the following purposes:
15
"(1) To support-
16
"(A) law enforcement agencies;
17
"(B) prosecutors;
18
"(C) courts;
19
"(D) probation officers;
20
"(E) correctional officers;
21
"(F) the juvenile justice system;
22
"(G) the expansion, improvement, and co-
23
ordination of criminal history records; or
March 21, 2000 (12:00 PM)
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[Discussion Draft]
H.L.C.
4
1
"(H) case management programs involving
2
the sharing of information about serious offend-
3
ers.
4
"(2) To carry out a public awareness and com-
5
munity support program described in section
6
20353(a)(2).
7
"(3) To build or expand correctional facilities.
8
"(c) SUBGRANTS.-A State may use such grants di-
9 rectly or by making subgrants to units of local government
10 within that State.
11 "SEC. 20353. FIREARMS SENTENCING INCENTIVE GRANTS.
12
"(a) ELIGIBILITY.-Except as provided in subsection
13 (b), to be eligible to receive a grant award under this sec-
14 tion, a State shall submit an application to the Attorney
15 General that complies with the following:
16
"(1) The application shall demonstrate that
17
such State has implemented firearms sentencing
18
laws requiring 1 or more of the following:
19
"(A) Any person who, during and in rela-
20
tion to any violent crime or serious drug traf-
21
ficking crime, uses or carries a firearm, shall,
22
in addition to the punishment provided for such
23
crime of violence or serious drug trafficking
24
crime, be sentenced to a term of imprisonment
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1
of not less than 5 years (without the possibility
2
of parole during that term).
3
"(B) Any person who, having at least 1
4
prior conviction for a violent crime, possesses a
5
firearm, shall, for such possession, be sentenced
6
to a term of imprisonment of not less than 5
7
years (without the possibility of parole during
8
that term).
9
"(2) The application shall demonstrate that
10
such State has implemented, or will implement not
11
later than 6 months after receiving a grant under
12
this subtitle, a public awareness and community sup-
13
port program that seeks to build support for, and
14
warns potential violators of, the firearms sentencing
15
laws implemented under paragraph (1).
16
"(3) The application shall provide assurances
17
that such State-
18
"(A) will coordinate with Federal prosecu-
19
tors and Federal law enforcement agencies
20
whose jurisdictions include such State, SO as to
21
promote Federal involvement and cooperation in
22
the enforcement of laws within that State; and
23
"(B) will allocate its resources in a manner
24
calculated to reduce crime in the high-crime
25
areas of the State.
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1
"(b) ALTERNATE ELIGIBILITY REQUIREMENT.-
2
"(1) IN GENERAL.-A State that is unable to
3
demonstrate in its application that such State meets
4
the requirement of subsection (a)(1) shall be eligible
5
to receive a grant award under this section notwith-
6
standing that inability if that State, in such applica-
7
tion, provides assurances that such State has in ef-
8
fect an equivalent Federal prosecution agreement.
9
"(2) EQUIVALENT FEDERAL PROSECUTION
10
AGREEMENT.-For purposes of paragraph (1), an
11
equivalent Federal prosecution agreement is an
12
agreement with appropriate Federal authorities that
13
ensures that 1 or more of the following:
14
"(A) If a person engages in the conduct
15
specified in subsection (a)(1)(A), but the con-
16
viction of that person under State law for that
17
conduct is not certain to result in the imposi-
18
tion of an additional sentence as specified in
19
that subsection, that person is prosecuted for
20
such conduct under Federal law.
21
"(B) If a person engages in the conduct
22
specified in subsection (a)(1)(B), but the con-
23
viction of that person under State law for that
24
conduct is not certain to result in the imposi-
25
tion of a sentence as specified in that sub-
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1
section, that person is prosecuted for such con-
2
duct under Federal law.
3 "SEC. 20354. FORMULA FOR GRANTS.
4
"(a) IN GENERAL.-The amount available for grants
5 under section 20353 for any fiscal year shall be allocated
6 to each eligible State, in the ratio that the number of part
7 1 violent crimes reported by such State to the Federal Bu-
8 reau of Investigation for the 3 years preceding the year
9 in which the determination is made, bears to the average
10 annual number of part 1 violent crimes reported by all
11 eligible States to the Federal Bureau of Investigation for
12 the 3 years preceding the year in which the determination
13 is made.
14
"(b) UNAVAILABLE DATA-If data regarding part 1
15 violent crimes in any State is substantially inaccurate or
16 is unavailable for the 3 years preceding the year in which
17 the determination is made, the Attorney General shall uti-
18 lize the best available comparable data regarding the num-
19 ber of violent crimes for the previous year for the State
20 for the purposes of allocation of funds under this subtitle.
21 "SEC. 20355. AUTHORIZATION OF APPROPRIATIONS.
22
"(a) AUTHORIZATIONS.-There are authorized to be
23 appropriated to carry out this subtitle-
24
"(1) $10,000,000 for fiscal year 2001;
25
"(2) $15,000,000 for fiscal year 2002;
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1
"(3) $20,000,000 for fiscal year 2003;
2
"(4) $25,000,000 for fiscal year 2004; and
3
"(5) $30,000,000 for fiscal year 2005.
4
"(b) LIMITATIONS ON FUNDS.-
5
"(1) USES OF FUNDS.-Funds made available
6
pursuant to this subtitle shall be used only to carry
7
out the purposes described in section 20352(b).
8
"(2) NONSUPPLANTING REQUIREMENT.-Funds
9
made available pursuant to this section shall not be
10
used to supplant State funds, but shall be used to
11
increase the amount of funds that would, in the ab-
12
sence of Federal funds, be made available from
13
State sources.
14
"(3) ADMINISTRATIVE COSTS.-Not more than
15
3 percent of the funds made available pursuant to
16
this section shall be available to the Attorney Gen-
17
eral for purposes of administration, research and
18
evaluation, technical assistance, and data collection.
19
"(4) CARRYOVER OF APPROPRIATIONS-Fnds
20
appropriated pursuant to this section during any fis-
21
cal year shall remain available until expended.
22
"(5) MATCHING FUNDS.-The Federal share of
23
a grant received under this subtitle may not exceed
24
90 percent of the costs of a proposal as described in
25
an application approved under this subtitle.
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1 "SEC. 20356. REPORT BY THE ATTORNEY GENERAL
2
"Beginning on October 1, 2001, and each subsequent
3 July 1 thereafter, the Attorney General shall submit to
4 the Committee on the Judiciary of the Senate and the
5 Committee on the Judiciary of the House of Representa-
6 tives a report on the implementation of this subtitle. The
7 report shall include information regarding the eligibility
8 of States under section 20353 and the distribution and
9 use of funds under this subtitle."
10
(b) CLERICAL AMENDMENT.-The table of contents
11 in section 2 of that Act is amended—
12
(1) by redesignating the item relating to sub-
13
title D of title II as subtitle E of such title; and
14
(2) by inserting after subtitle C of such title the
15
following:
"Subtitle D-Firearms Sentencing Incentive Grants
"Sec. 20351. Definitions.
"Sec. 20352. Authorization of grants.
"Sec. 20353. Firearms sentencing incentive grants.
"Sec. 20354. Formula for grants.
"Sec. 20355. Authorization of appropriations.
"Sec. 20356. Report by the Attorney General.".
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