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Originally Processed With FOIA(s): FOIA Number: S S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Speechwriting, White House Office of Series: Speech File Backup Files Subseries: Chron File, 1989-1993 OA/ID Number: 13668 Folder ID Number: 13668-001 Folder Title: Peace Officers Memorial Day 5/15/89 [OA 6265] [1] Stack: Row: Section: Shelf: Position: G 26 19 1 2 BS- # 161 officers killed in the ling of duty in 88 Dusie Sawyer Commend 892-4100 ex. Post Concerns I of Police Survivas (COPS) will be receiving $ 143,000 from Justice Badge 14072 Eddie Eyene Photocopy-Preservation 599-0445 888-2264 888- 2264 Suzee Javyn total police dead including 161 a federal X X Prison Population, Construction, and Funding Summary National Institute of Corrections April 25, 1989 Unless otherwise noted, findings are from a telephone survey done by National Institute of Corrections and Bureau of Prisons staff of all state Departments of Corrections as well as the District of Columbia. This survey was conducted on April 24, 1989. The following states did not respond to the survey: Alabama, Kentucky, Missouri, and Nebraska. It should be noted that not all states responded to all questions and there may be inconsistencies between states because of varying methods used in collecting data, etc. For example, the years for which projected population figures are available differ between states. In addition, states employ different definitions of critical capacity-related data, and variances were also evident in the categorization of the stages of construction. If a more complete explanation is desired for any item in the survey, NIC can reference the interview schedule for that state. Population figures for 1983 and 1988 as well as system capacity data for 1988 are from the Bureau of Justice Statistics. Figures for "Beds Under Construction" are from a survey conducted in 1988 by the Contact Center, Inc. for Corrections Compendium. Prison Survey Category Definition Prison Population - 1983 = Total of all state prison inmates, per BJS, as of 12-31-83. Prison Population - 1988 = Total of all state prison inmates, per BJS, as of 12-31-88. Projected/Year = Best projection of population growth, by state authorities for indicated year. Pop. Trend = General statement of state authorities on population trend for their jurisdiction. Capac. 1988 = Capacity of system as reported by BJS. Local Custody = Number of inmates held in local jails awaiting transfer to state facilities. Court Cap = Indication of whether system is operating under a court-ordered population ceiling. Other Place. = Inmates contracted for service of sentence in other jurisdictions. Rel. Mech. = Indication if state is using alternate or early release procedures as a population relief measure. Beds Under Const. = Number of beds reported by "Corrections Compendium" as of 12/88 as under construction. Beds Planned = Number of beds indicated as presently being planned by agency. Additional Beds Requested = Number of beds indicated as requested by agency in addition to those in planning stage. Number Likely to be Funded = Estimation of number of requested beds likely to be approved by the funding authority. Source of Funds = Most common source of funding for prison construction. Population Initiatives = Indication whether legislative or other initiatives in the state are likely to drive further population increases. Jail Population and Construction Summary National Institute of Corrections April 24, 1989 The attached information is based on a telephonic survey of the 60 largest jails in the United States, made by phone by NIC Jail Center staff on April 24-25, 1989. These institutions represent approximately 75 percent of the total detention population in the country. All figures supplied are as of April 24, 1989, and reflect the local authorities' account of actual population and capacity, figures. as well as known construction and other expansion Based on an estimated cost of $50,000 per bed for new jail construction, the cost of the expansion projects currently under way is approximately $2.5 Billion. POPULATION AND CAPACITY DATA FOR THE 60 LARGEST JAIL SYSTEMS IN THE UNITED STATES NATIONAL INSTITUTE OF CORRECTIONS, 4/25/89 1988 RATED BEDS BEDS TOTAL STATE JURISDICTION ADP CAP UNDER CONSTRUCTION PLANNED NEW BEDS AZ MARICOPA COUNTY 3,935 2,634 -0- 1,300 1,300 AZ PIMA COUNTY 817 768 -0- -0- -0- CA CONTRA COSTA COUNTY 1,296 689 560 120 680 CA ALAMEDA COUNTY 2,871 2,318 1,968 350 2,418 CA FRESNO COUNTY 1,670 1,029 424 250 674 CA KERN COUNTY 2,260 2,032 -0- -0- -0- CA LOS ANGELES COUNTY 21,867 12,762 2,100 2,000 4,100 CA ORANGE COUNTY 4,049 3,203 -0- 208 208 CA RIVERSIDE COUNTY 1,629 1,103 432 325 757 CA SAN BERNADINO COUNTY 2,261 1,377 960 -0- 960 CA SAN DIEGO COUNTY 4,490 2,285 296 854 1,150 CA SAN FRANCISCO COUNTY 1,697 1,468 3,000 -0- 3,000 CA SAN MATEO COUNTY 1,104 876 -0- -0- -0- CA SANTA CLARA COUNTY 3,314 3,000 2,037 -0- 2,037 CA VENTURA COUNTY 1,537 1,000 -0- 600 600 CO DENVER COUNTY 1,200 1,020 -0- -0- -0- SUB-TOTAL PAGE 1 55,997 37,564 11,777 6,007 17,884 *ADP equals Average Daily Population PAGE 2 POPULATION AND CAPACITY DATA FOR THE 60 LARGEST JAIL SYSTEMS IN THE UNITED STATES NATIONAL INSTITUTE OF CORRECTIONS, 4/25/89 1988 RATED BEDS BEDS TOTAL STATE JURISDICTION ADP CAP UNDER CONSTRUCTION PLANNED NEW BEDS FL BROWARD COUNTY 3,220 3,051 -0- 444 444 FL PINELLAS COUNTY 1,789 1,898 -0- -0- -0- FL DADE COUNTY 4,983 3,758 -0- -0- -0- FL HILLSBOROUGH COUNTY 1,938 1,404 1,330 -0- 1,330 FL ESCAMBIA COUNTY 1,000 1,280 -0- -0- -0- FL DUVAL COUNTY 1,648 1,394 1,261 400 1,661 FL ORANGE COUNTY 2,765 1,559 96 768 864 GA DEKALB COUNTY 1,348 1,158 -0- 272 272 GA FULTON COUNTY 2,350 1,881 2,320 -0- 2,320 GA CITY OF ATLANTA 919 876 -0- -0- -0- IL COOK COUNTY 6,400 5,917 -0- 1,800 1,800 IN MARION COUNTY 1,028 1,100 -0- -0- -0- KY JEFFERSON COUNTY 788 823 250 -0- 250 LA ORLEANS PARISH 3,950 2,832 480 -0- 480 MD BALTIMORE COUNTY 2,775 2,622 166 500 666 SUB-TOTAL PAGE 2 36,901 31,553 5,903 4,184 10,087 PAGE 3 POPULATION AND CAPACITY DATA FOR THE 60 LARGEST JAIL SYSTEMS IN THE UNITED STATES NATIONAL INSTITUTE OF CORRECTIONS, 4/25/89 1988 RATED BEDS BEDS TOTAL STATE JURISDICTION ADP CAP UNDER CONSTRUCTION PLANNED NEW BEDS MA SUFFOLK COUNTY 450 266 -0- 800 800 MI WAYNE COUNTY 1,676 1,676 -0- 850 850 MO CITY OF ST. LOUIS 622 678 -0- -0- -0- MO JACKSON COUNTY 589 520 -0- -0- -0- NV CLARK COUNTY 1,142 1,056 285 -0- 285 NJ ESSEX COUNTY 1,500 1,200 -0- -0- -0- NM BERNALILLO COUNTY 757 666 -0- -0- -0- NY NASSAU COUNTY 1,649 1,197 200 830 1,030 NY NEW YORK CITY 16,757 19,025 2,153 2,848 5,001 NY SUFFOLK COUNTY 1,116 865 340 -0- 340 NY WESTCHESTER COUNTY 1,306 1,516 740 -0- 740 OH CUYAHOGA COUNTY 1,150 886 -0- 480 480 OH FRANKLIN COUNTY 1,333 1,286 -0- 273 273 OH HAMILTON COUNTY 1,400 1,466 -0- 1,200 1,200 OR MULTNOMAH COUNTY 1,070 1,013 -0- -0- -0- PA ALLEGHENY COUNTY 975 1,013 -0- -0- -0- PA CITY OF PHILADELPHIA 4,309 3,750 -0- -0- -0- SUB-TOTAL PAGE 3 37,801 38,079 3,718 7,281 10,999 PAGE 4 POPULATION AND CAPACITY DATA FOR THE 60 LARGEST JAIL SYSTEMS IN THE UNITED STATES NATIONAL INSTITUTE OF CORRECTIONS, 4/25/89 1988 RATED BEDS BEDS TOTAL STATE JURISDICTION ADP CAP UNDER CONSTRUCTION PLANNED NEW BEDS TN DAVIDSON COUNTY 1,725 1,800 -0- 600 600 TX BEXAR COUNTY 2,049 1,811 -0- -0- -0- TX DALLAS COUNTY 5,789 3,750 2,000 2,200 4,200 TX EL PASO COUNTY 1,159 1,024 -0- -0- -0- TX HARRIS COUNTY 7,265 4,315 450 4,200 4,650 TX TARRANT COUNTY 2,501 2,217 1,440 -0- 1,440 VA FAIRFAX COUNTY 938 589 -0- 100 100 VA RICHMOND COUNTY 940 629 -0- 100 WA KING COUNTY 1,874 1,498 160 1,000 1,160 SUB-TOTAL PAGE 4 24,240 17,633 4,050 8,200 12,150 SUB-TOTAL PAGE 3 37,351 38,079 3,718 7,281 10,999 SUB-TOTAL PAGE 2 36,901 31,553 5,903 4,184 10,087 SUB-TOTAL PAGE 1 55,997 37,564 11,777 6,007 17,884 GRAND TOTAL 154,939 124,829 25,448 25,672 51,120 Bureau of Justice Statistics response to "Statistical Information Requests from the White House, 17 March 1989" Submitted March 21, 1989, updated March 24, 1989 For further information, contact Joseph M. Bessette, Acting Director, Bureau of Justice Statistics 1. What is the percentage of crime nationally resulting from drug use? What percentage is drug-related, not involving use? There are no precise numbers available to calculate the percentage of crime nationally resulting from drug use. There are, however, (1) national estimates on arrests and convictions for drug violations, (2) data on drug related murders, (3) survey data on the drug use behavior of prison and jail inmates, (4) sample data on the presence or absence of drugs in the urine of persons apprehended by police, and (5) national estimates, provided by crime victims, of their perceptions of drug use by offenders. (1) Arrest data, collected and reported by the FBI annually, indicate that the number of arrests for drug violations (sales or manufacturing and possession) increased from 580,900 in 1980 to 937,400 in 1987, an increase of 61%. The number of these arrests for sales or manufacturing, however, has grown more rapidly than arrests for possession--arrests for sales/ manufacturing have increased by 91% since 1980. In 1980, 18% of those arrested for sales/manufacturing were charged with trafficking in heroin or cocaine; in 1987, 55% of those arrested for sales/manufacturing were charged with trafficking in heroin or cocaine. An estimated 76,000 persons were convicted of felony drug trafficking in State courts in 1986. This was 13% of all felony convictions in State courts that year. An additional 10,564 persons were convicted of drug trafficking in Federal court that year (24% of all Federal convictions). (2) Narcotics-related murders have also increased since 1980. In 1980, 1.7% of murders were classified by the FBI as narcotics-felony murders. In 1987, 4.9% of all murders were classified as narcotics-felony murders. (3) Surveys of national samples of State prisoners reveal substantial numbers with prior use of illegal drugs. In 1986, 35% of State prisoners reported they were under the influence of drugs at the time of the crime for which they were imprisoned. Of those who were sentenced to prison for robbery, burglary, larceny, or a drug offense, half were daily drug users in the month preceding their current imprisonment offense and 40% were under the influence of an illegal drug at the time they committed their crime. On average, inmates report their first drug use occurred at age 15 and their first use of a major drug (heroin, cocaine, PCP, LSD) occurred at age 17. Among those who were daily users of a major drug prior to their current imprisonment offense, nearly 30% had at least 6 prior convictions compared to about 12% of those who had never used a major drug. (4) Between April and June, 1988, more than 3,500 male and female arrestees in 11 cities were tested for drug use. Positive results for the presence of drugs ranged from 90% of male arrestees in New York City to 54% of male arrestees in Indianapolis. Of those tested in San Diego, 56% evidenced the presence of at least two drugs. More than half of male arrestees tested in Lós Angeles, Dallas, Houston, New Orleans, Chicago, Washington, D.C., and New York City tested positive for the presence of cocaine. The percentage of female arrestees testing positive for drugs exceeded the percentage among male arrestees in San Diego, Portland, Phoenix, Chicago, and Washington, D.C., and equalled the male percentage in Los Angeles and Dallas. In May 1984, less than 20% of arrestees in Washington, D.C. tested positive for cocaine--four years later more than 60% had positive cocaine tests. (5) Based upon victim reports from the National Crime Survey (NCS), sponsored by the Bureau of Justice Statistics, household members who were victims of violent crimes, surveyed between July, 1986 and June, 1987, reported that they thought in about 12% of the incidents offenders were under the influence of drugs. Rape (18%) and robbery (15%) victims were the most likely to report perceived drug use by the offenders. 2. What is the percentage of Federal/State breakdown of crimes involving guns? Data on gun use in crimes come from two sources: the National Crime Survey (NCS) of the Bureau of Justice Statistics and the Uniform Crime Reports (UCR) of the Federal Bureau of Investigation. (NCS data include crimes reported by victims to survey interviewers, whether or not such crimes were reported to police, but exclude homicides and commercial crimes such as robberies of banks or stores. UCR data include all crimes reported to law enforcement authorities.) NCS victims reported that 13% of violent crimes during 1987 involved an offender with a gun. By type of crime, 8% of rape victims, 18% of all robbery victims, and 12% of all assault victims (aggravated and simple assault) reported that the offender had a gun. NCS data reveal that between 1973 and 1982 about 10% of victims confronted by an offender with a gun sustained gunshot injuries. Altogether, approximately 1% of violent crime victims in the U.S. were shot by their assailants during 1979-86. According to UCR data, 59% of the 20,100 homicide victims in 1987 were killed by firearms. In 1987, 21% of all aggravated assaults reported to police, and 33% of all robberies reported to police were committed by offenders with guns. No data are currently available to provide the percentage of Federal crimes that involve guns. However, the number would be relatively small since only 5% of Federal offenders convicted in 1986 were charged with a violent crime. We could provide an estimate of this figure, but this would require computer runs by an outside contractor (Abt Associates, who manage the Integrated Federal Database for BJS). 3. How many States have mandatory penalties for use of guns in commission of a crime? Give examples. Mandatory minimum sentence, as the term is used here, means the minimum sentence that must be given by a judge or jury on conviction, without an option for probation, suspended sentence, or immediate parole eligibility. Mandatory minimum sentencing legislation is a very recent phenomenon. With the exception of Washington State, which started in 1909, and three States which first enacted mandatory sentencing in the early 1970's, mandatory sentencing came into being during 1975 and later. As of 1986, 30 States provided mandatory terms of imprisonment for use of a firearm in the commission of a crime. Examples: New Hampshire's mandatory minimum sentencing legislation provides that a person who commits or attempts to commit any felony when armed with any firearm shall be guilty of a class B felony and a class A felony for any subsequent offense. A person convicted of the felonious use of a firearm shall, in addition to the punishment for the underlying felony, be given a minimum mandatory sentence of 1 year for a first offense and 3 years for any subsequent offense. Neither the whole nor any part of such additional sentence shall be suspended nor served concurrently with any other sentence. California's penal code provides that any person armed with a firearm in the commission of a drug trafficking offense shall, upon conviction of that offense, be punished by a term of imprisonment of four years in addition and consecutive to the punishment prescribed for that offense. 4. What States have the best record on gun-use related crime? How does the record correlate with any gun control or mandatory sentencing laws in such States? See attached. 5. Provide a list of States that restrict maximum load in clips/magazines. Give specific examples. This information has been requested from the Bureau of Alcohol Tobacco and Firearms (BATF). We expect it by close of business March 24. 6. Provide a list of States that have gun registration laws. Give specific examples on types of weapons, waiting periods, etc. As of July 1986, 20 States (or at least one major urban area in the State) required an application and some waiting period prior to purchase of a firearm. See attached tables from the NRA and from BATF. 7. Are there any statistics or examples of cases where semi-automatic weapons have been converted to full automatic and then used in the commission of crimes? This information has been requested from the Bureau of Alcohol Tobacco and Firearms (BATF). We expect it by close of business March 24. 8. What empirical data exist on effective deterrents to crime? Evidence on crime deterrence was reviewed by a panel of the National Academy of Sciences and summarized in the panel report, Deterrence and Incapacitation: Estimating the Effects of Criminal Sanctions on Crime Rates (Blumstein, et al., Eds., 1978). The report focused on what are called the "deterrent" and "incapacitative" effects of criminal sanctions. Deterrence was defined as the inhibiting effect of sanctions on the criminal activity of people other than the sanctioned offender. Incapacitation was defined as the effect of isolating an identified offender from the larger society, thereby preventing him or her from committing crimes in that society. Regarding deterrence, the studies that were reviewed dealt with the question of whether increasing the risk or severity of sanctions reduces levels of crime. The sanction risks usually studied are apprehension, conviction, imprisonment, or execution. Sanction severity is usually measured by prison sentence length or time served. The panel concluded that, taken as a whole, the evidence supported deterrence--which predicts that when sanction levels are high (e.g., high arrest rates, high rates of conviction, high rates of imprisonment), crime rates are low. However, the panel did not conclude that high sanction levels necessarily cause low crime rates, only that there was a negative relationship between sanction levels and crime rates. Regarding incapacitation, the panel stated: "As long as there is a reasonable presumption that offenders commit crimes if they had remained free, there is unquestionably a direct incapacitative effect" (p. 9). Studies reviewed by the panel varied greatly in terms of the size of the incapacitation effect. Data collected by the Bureau of Justice Statistics are relevant to assessing the size of the incapacitation effect. Findings from a three- year followup study of persons released from prisons in 11 large and medium-sized States in 1983 (final numbers to be released April 2) indicate high rates of recidivism, especially by young offenders with long prior records. Overall, 63% of released offenders were rearrested within 3 years, 47% were reconvicted, and 41% were reincarcerated. Among offenders age 24 or less at release with 11 or more prior arrests, 94% were subsequently charged with new crimes. Of the 108,000 prisoners released in the 11 States, 68,000 were rearrested and charged with a total of 326,000 new felonies and serious misdemeanors within 3 years of release. Including arrests that occurred prior to their release from prison in 1983, these 108,000 offenders accounted for 1.3 million arrests for felonies and serious misdemeanors during their criminal careers. These high rates of offending indicate that incapacitation has significant crime control effects. (The offenders released in 1983 had served a median of 1 year and 2 months in prison.) Two recent studies on domestic violence illustrate the impact of deterrence. The first is known as the Minneapolis experiment, in which police responses to domestic assaults were studied. It was found that police arrests of suspects were more effective in reducing recurrences of violence than less forceful responses. (See Sherman and Berk, "The specific deterrent effects of arrest for domestic assault," American Sociological Review, no. 49, 1984). The second study used data from the National Crime Survey sponsored by the Bureau of Justice Statistics. The study found that female victims of domestic violence who called the police were less likely to be repeat victims than female victims who did not call the police (Preventing Domestic Violence Against Women, NCJ-102037, 1986). Bureau of Justice Statistics response to "Statistical Information Requests from the White House, 17 March 1989 Submitted March 24, 1989 4. What States have the best record on gun-use related crime? How does the record correlate with any gun control or mandatory sentencing laws in such States? The FBI annually collects data on weapon use for the offenses of murder and nonnegli- gent manslaughter, robbery and aggravated assault. In 1987, 59% of murders and non- negligent manslaughters, 33% of robberies, and 21% of aggravated assaults involved the use of a firearm. On a per capita basis, in 1987 there were 4.88 firearm murders and nonnegligent manslaughters, 70.18 robberies with a firearm, and 75.18 aggravated assaults with a gun per 100,000 population. Altogether, violent firearm crimes occurred in 1987 at a rate of 150.24 per 100,000 population. By contrast, in 1980 the murder and nonnegligent manslaughter rate by firearms was 6.37, the gun-related robbery rate was 101.19, and the firearm-involved rate for aggravated assaults was 71.33 per 100,000 population. The total gun-crime rate in 1980 was 178.89, about 19% higher than the 1987 rate of 150.24. Individual jurisdictions in 1987 varied considerably from the national gun-crime rate, ranging from a high of 474.76 violent firearms crimes per 100,000 in Washington, D.C., to a low of 4.82 in North Dakota (see attached tables 1 and 2). Thirty-two jurisdictions of the 49 for which data are available had total gun-crime rates below the national rate. Among the States there is wide variation in the types of laws, regulations, and restrictions which apply to the purchase or transfer of firearms or selected types of firearms. Classifying these restrictions necessarily obscures the individual details with respect to purchaser restraints, dealer restraints, and the various types of weapons to which specific requirements apply. Based upon information obtained from the Bureau of Alcohol, Tobacco, and Firearms (BATF), States were catalogued with respect to the absence or presence of a mandatory waiting period prior to the purchase of a firearm. In addition, BJS had previously commissioned a study of mandatory sentencing laws across the States in 1986 which was carried out by the Pennsylvania Commission on Crime and Delinquency. These two sources of data revealed that 20 States had provisions for a waiting period prior to firearm purchase and 30 States had provisions for mandatory terms of imprisonment for use of a firearm in the commission of a crime. (Ten States had both measures.) The table below shows a cross-classification of these two types of gun measures with the 1987 total gun-crime rates. As can be seen, States with gun-crime rates below the national rate were considerably more likely (28.1%) to have neither gun-control measure than were States with higher gun-crime rates (5.9%). (Put differently, 9 of the 10 States with neither measure fell below the national rate.) Moreover, States with lower rates were less likely to have a waiting period only or mandatory sentence only than States with higher rates. However, low-rate States were somewhat more likely (21.9%) than high-rate States (17.6%) to have both measures. Number and percent of States with waiting periods or mandatory sentences for gun crimes, 1987 States below States above the national the national Type of gun gun-crime rate gun-crime rate control measure Number Percent Number Percent Total 32 States 100.0% 17 States 100.0% Waiting period only 5 15.6 5 29.4 Mandatory sentencing only 11 34.4 8 47.1 Both measures 7 21.9 3 17.6 Neither measure 9 28.1 1 5.9 Note: Two States, Kentucky and Montana, did not report complete data for 1987 and are excluded. In 1987, the National gun-crime rate was 150.24 per 100,000 popula- tion. Gun crimes are those murders and nonnegligent manslaughters, robberies, and aggravated assaults in which a firearm was used. The effect of gun-control measures is probably more rigorously assessed by use of a research design which examines gun-crime rates before and after a gun-control measure has been introduced in a particular locale. The National Institute of Justice has funded, since 1978, studies of various gun measures and their effects in 6 cities (Detroit, Tampa, Miami, Jacksonville, Pittsburgh, and Philadelphia). Generally, the results of these studies have been inconclusive. Researchers examined violent crime rates before and after the laws were passed and have found inconsistent patterns. Results of studies in Michigan and Pennsylvania are typical. After passage of a mandatory minimum two-year sentence for committing a felony with a gun in Michigan, the gun-homicide rate fell but gun robberies and gun assaults did not decline. Two studies of Pennsylvania's five-year mandatory sentence law appear to be contradictory--one study found reductions in robberies and assaults and the other found a reduction in homicide but not in robberies and assaults. The study of the Michigan law concluded that the Gun Law was not found to have had a "discernible effect on the level or pattern of violent crime in Detroit." Similarly, researchers who studied the Florida Felony Firearms Law concluded that "there is little evidence that the introduction of the Florida gun law was followed by a systematic decline in violent gun crimes in the cities that we examined." The violent crime with the most consistent pattern across the six cities was gun homicide, which showed small, and in some cases statistically insignificant, decreases after mandatory sentencing was introduced. It should be noted in evaluating such studies that the passing of tough mandatory sentencing laws does not necessarily lead to their intended implementation. Together, the pre-post study designs and the cross-sectional analysis presented above seem to indicate that there is little direct empirical evidence of a correlation between low gun-crime rates and gun-control measures from the currently available research and statistics. However, a recently published study indicates a somewhat different finding. In November 1988 the New England Journal of Medicine (Vol. 319, No.19) published a study comparing handgun regulations and gun crimes in Seattle, Washington, and Vancouver, British Columbia. The study received substantial press attention at the time. The authors concluded that their study "suggests that the modest restriction of citizens' access to firearms (especially handguns) is associated with lower rates of homicide." There are several problems with this conclusion: (1) a comparison of only two cities cannot be the basis for broad public policy generalizations; (2) the authors themselves recognize that other factors unrelated to the gun-control laws might account for the crime differences; and (3) there are many American cities, such as Washington, D.C., that have strict gun-control laws but high levels of gun crimes. The chief problem in assessing the relationship of gun-control measures to gun crime is determining the cause and effect. On the one hand, measures such as mandatory sentences or waiting periods may reduce gun crime from levels that would have existed without such laws. On the other hand, it is States and cities which have high gun-crime rates that are more likely to adopt such gun-control measures. Thus, high gun-crime rates may coexist with stiff restrictions or penalties, even if such measures have a positive effect in reducing gun violence. Table 1. Gun control measures in States with gun-crime rates lower than the national rate, 1987 Gun-control measure Mandatory Waiting Total gun- State sentencing period crime rate North Dakota 1 4.82 New Hampshire 1 14.83 Maine 15.17 South Dakota 1 21.47 Iowa 1 28.92 West Virginia 1 29.47 Vermont 29.93 Hawaii 1. 1 39.52 Idaho 1 41.04 Utah 41.61 Wyoming 46.41 Nebraska 53.24 Rhode Island 1 1 54.67 Minnesota 1 55.93 Delaware 1 56.01 Wisconsin 1 60.48 Pennsylvania 1 1 64.32 Virginia 1 74.07 Washington 1 81.66 Connecticut 1 1 82.59 Indiana 1 1 82.78 New Jersey 1 1 91.22 Arkansas 99.62 Ohio 99.65 Kansas 1 105.43 Oklahoma 107.94 Alaska 111.95 Colorado 1 115.59 Mississippi 1 119.97 Oregon 1 121.53 North Carolina 1 1 131.47 Massachusetts 1 138.40 National rate 150.24 Note: Total gun crime rate is the number of Pennsylvania Commission on Crime and homicides, robberies, and assaults in which a Delinquency in 1986. Data on waiting periods gun was used per 100,000 persons in juris- are from State Laws and Published Ordinances- dictions which reported this data in the Firearms, BATF, 18th edition, pp. iv-vi. Uniform Crime Reports. Raw data were Kentucky and Montana are not included supplied by the FBI. Data on mandatory because of insufficient data. sentencing are from a special survey done for the Bureau of Justice Statistics by the Table 2. Gun control measures in States with gun-crime rates higher than the national rate, 1987 Gun-control measure Mandatory Waiting Total gun- State sentencing period crime rate National rate 150.24 Alabama 1 153.09 New Mexico 1 158.68 Nevada 1 161.33 South Carolina 1 168.28 Texas 182.68 Missouri 1 1 190.34 California 1 199.64 Arizona 1 200.70 Maryland 1 1 210.76 Georgia 1 212.28 Illinois 1 220.79 New York 1 224.67 Tennessee 1 235.45 Michigan 1 239.21 Louisiana 1 265.29 Florida 1 301.59 Washington, DC 1 1 474.76 Note: Total gun crime rate is the number of Pennsylvania Commission on Crime and homicides, robberies, and assaults in which a Delinquency in 1986. Data on waiting periods gun was used per 100,000 persons in juris- are from State Laws and Published Ordinances- dictions which reported this data in the Firearms, BATF, 18th edition, pp. iv-vi. Uniform Crime Reports. Raw data were Kentucky and Montana are not included supplied by the FBI. Data on mandatory because of insufficient data. sentencing are from a special survey done for the Bureau of Justice Statistics by the top last your - 7,000 people Davey Stohes Ludis and For Discussion 614-221-0120 502-451-2700 THE WHITE HOUSE WASHINGTON May 2, 1989 301-888-2264 Pres. Ladier and Susie therefor COMBATTING VIOLENT CRIME semithers for families May 2, 1989 I. Assault Weapons A. Ban a specified list of assault weapons -- Metzenbaum and DeConcini Work with the Congress to develop a list. Provide the Secretary of the Treasury with Grace authority to recommend but not extend additional weapons to that list. Mastelli A. Wait until the Treasury review on suspended imports is DOJ concluded and make those weapons that fail to pass the 633-4787 sporting purposes test and are genuinely assault weapons permanently banned for purposes of imports. Bill or cook whet days this many Amend current law to prohibit the domestic manufacture, sale or transfer of weapons suspended for imports. B. Seek legislation prohibiting the importation, manufacturing, transfer or sale of gun magazines of find more out over 20 rounds. honor story? Ca? II. Limiting Access to Weapons by Felons The Anti-Drug Abuse Act of 1988 requires the Attorney General to develop a system for the immediate and accurate identification of felons and others disqualified by law attempting to purchase firearms. A. Direct the Attorney General to expand the National Criminal Records Identification System Implementation study to include a review and evaluation of state and local procedures which have effectively limited criminal access to firearms, and based on that review develop recommendations for model state legislation to complement and enhance efforts to reduce felons access to firearms. Local procedures should be included in the review to the extent that they can be identified. This legislation might impose a waiting period, or use other devices to facilitate accuracy in determining whether an individual seeking to purchase a weapon from R 2 a licensed gun dealer fits one or more of the prescribed disqualifying characteristics included on Treasury's form 4473: 1. Convicted of a crime punishable by imprisonment for a term exceeding one year; 2. Currently under indictment 3. A fugitive from Justice; 4. Addicted to a controlled substance or have # of meapons been committed to a mental institution; used in crime 5. An illegal alien; that are bought illegally 6. Adjudicated a mental defective or have been committed to a mental institution; 7. Dishonorably discharged from the armed forces; 8. Renounced one's U.S. citizenship. B. Require states to transfer felony conviction records to the proper Federal authorities in a manner to be determined by the Attorney General. C. Modify existing federal law to further control access to weapons by felons and other ineligible individuals. Add "convicted of a drug offense" to the Form 4473 question concerning whether the applicant is an "unlawful user of, or addicted t.o" marijuana, or a depressant, stimulant, or narcotic drug. Double the current penalty for a knowing or materially false statement on Form 4473 to a maximum sentence of ten years imprisonment and a maximum fine of $10,000. Enact provisions to close loopholes and clarify offenses related to the sale or transfer of firearms: to facilitate the prosecution of unlicensed gun dealers engaged in illegal weapons transfers to aliens or transients; -- to expand federal jurisdiction to permit 3 prosecution of transactions in stolen firearms and weapons lacking serial numbers in cases where the firearms have previously moved in interstate or foreign commerce, (present law requires the firearms be moving in interstate commerce at the time of the offense) ; -- to provide a uniform standard to determine whether or not a person is under federal firearms disabilities based upon state convictions; -- to require that persons convicted under state law of a serious drug offense or violent felony apply to federal authorities in order to have their firearms rights restored; -- to amend provisions regarding the disposal of forfeited firearms; -- to clarify the definition of burglary in the Armed Career Criminal Act to eliminate loopholes caused by differing state laws. III. Crime Control and Criminal Justice System Reforms A. Strengthening Current Laws 1. Enact constitutionally sound procedures for imposing federal death penalty provisions that now 2nd in appear in many federal statutes for homicide, espionage, and treason; standards include an speed aggravating factor for capital murder sentencing which would permit the death penalty to be imposed if the defendant used an automatic or semi- automatic firearm in committing the offense, or had previously been convicted of a violent felony involving a firearm. 2. Enact habeas corpus reform to establish a general one-year time limit on federal applications by honor stiries state prisoners, require deference in federal proceedings to the results of fair and reasonable state court determinations. This will correct the still filing after years existing system of review, under which over 10,000 it costs to handle 3. cases are annually filed. what $ manhouss as Establish a general "good faith" exception to the exclusionary rule, under which evidence would be processions, judges admitted if the officers carrying out a search or honor story! 4 seizure acted with an objectively reasonable belief that their conduct was in conformity with the Fourth Amendment; and clarify that courts may not exclude evidence on the basis of non- constitutional violations in the absence of statutory authority for doing so. 4. Enhanced penalties for federal firearms violations read Double the mandatory penalty under 18 U.S.C. 924 (c) for the use of a semi-automatic CHECK inten firearm during the commission of a violent fuely crime or drug felony from five to ten years. automatic states Allow for pre-trial preventive detention of honor defendants in cases involving certain serious story firearms and explosive offenses. Authorize criminal penalties and mandatory minimum sentences for theft of a firearm. Enhance penalties for smuggling firearms into the United States while engaged in, or in the furtherance of, drug trafficking. Amend the Armed Career Criminal statute to count as predicate offenses acts of juvenile heck deliquency which if committed by an adult would constitute a serious drug offense. or (N.B. Many youthful repeat offenders more presently escape coverage of the enhanced games? career criminal penalties because most of their prior offenses were charged as juvenile delinquency.) 5. Urge all states to adopt model state legislation providing mandatory minimum sentences for criminal offenses involving firearms. (Option - Condition eligibility for certain federal grants on state compliance with enactment pronde of mandatory minimum sentences.) 1 6. Amend the Anti-Drug Abuse Act of 1988 to provide y that upon completion of the first year of the hower eight district pilot test regarding drug testing as mandatory condition of federal supervised plus story release or parole, that Attorney General be directed to submit legislation to implement such toch not privoity ingh mandatory testing on a national basis; in assiste addition, urge states to adopt similar mandatory drug testing programs as a condtion of parole. 5 B. Enhancing Enforcement 1. Increase funds for the Alcohol, Tobacco and Firearms Bureau to provide for the hiring, training and equipping of 250 ATF special agents, inspectors and support personnel to investigate # assault weapon and other firearms violations by armed career criminal and repeat offenders. get 2. Increase funds for the U.S. Marshals to provide for about 100 additional positions for the money Marshals Fugitive Investigations and Court Orders frgures Program. This would direct greater Federal efforts to seizing fugitives and career criminals. % increases? 3. Increase funds for the FBI to provide for about 200 additional positions for the Bureau's Violent Crime and Major Offenders Program. In part, this would assist States and localities improve their efforts in fighting violent crime through greater Federal/State cooperation. 4. The new BATF special agents and other federal law enforcement agents will be dedicated to federal, get state and local cooperative Task Forces, including more five which will be headquartered in major cities with serious crime problems, to target and investigate violent and career criminals who are add AG/Sec Treas. subject to prosecution as repeat offenders under Federal firearms laws and related statutes. coord. language The Task Forces will be based on a proven concept -- the mobilization of Federal, state and local law enforcement in cooperative efforts to get violent and dangerous criminals off the streets. 5. The Attorney General and Secretary of the Treasury will be directed to develop a coordinated strategy for the deployment of these additional federal resources for working with state and local authorities. 6. Urge states and local law enforcement authorities to increase their enforcement resources devoted to identification and apprehension of violent criminal offenders. 1 C. Enhancing Prosecution 1. Increase funds for the U.S. Attorneys to support weapons Mouses LOCK 5 OF PROSE offottor 6 privoritis 1,600 additional positions to litigate drug cases 0% incense money laundering and procurement fraud cases, and weapons offenses in various U.S. Attorney offices. polatial # of uses defendents 2. Increase funds for the Criminal Division to offenses support 168 additional positions to be applied to organized crime, fraud, narcotics and dangerous drug cases. primity and other Additional funds for the support of Federal prisoners to provide U.S. Marshals with more space associated with pre-sentenced prisoners resulting from additional arrests and prosecutions (approximately 300,000 more jail days). 4. Direct the Attorney General to issue and fully implement guidelines for federal prosecutors regarding plea bargaining under the Sentencing Reform Act to assure that the exercise of prosecutorial discretion in charge selection and bargaining effectively reflects the seriousness of the defendant's conduct and the Department's commitment to statutory sentencing goals and procedures. Also to urge state and local prosecutors to examine and consider reforming their plea bargaining practices. 5. Enhance support to the Judiciary by $40 million for FY 1990 to cover costs associated with processing increased numbers of criminal defendants and for additional federal criminal prosecutions. D. Expanding Prison Capacity Fedrial State % increase1 Seek legislation to authorize the construction of over 26,000 new federal prison beds for $1.5 # of new prisons billion. duy prison 2. Direct the Attorney General to work with the Secretary of Defense, the Secretary of Education, not ? and the Administrator of the General Services Administration to identify properties and facilities suitable for conversion to use as federal prisons. 3. Direct the Attorney General to recommend means by which the deportation of convicted criminal aliens might be expedited. 4. Commend and encourage state prison construction. inser Hirm 70,000 April 7 D. Expanding Prison Capacity 1. Seek legislation authorizing an additional $1 billion for prison construction, bringing the total 1990 budget to $1.5 billion. This will increase prison capacity by about 85 percent, adding over 26,000 new federal prison beds. Present rated federal prison capacity is 30,951 beds, the present federal prison population is 48,000, or 54 percent overcrowded. 2. Direct the Secretary of Defense, the Secretary of Education, and the Administrator of the General Services Administration to work with the Attorney General to identify expeditiously properties and facilities suitable for conversion to use as federal prisons or jails. 3. Direct the Attorney General to recommend means for expediting the deportation of convicted criminal aliens. 4. Commend and encourage state prison construction efforts. O States have already funded over 79,000 new bedspaces to be constructed by 1994. The states are also considering constructing 70,000 additional bedspaces. 8 E. Resource Enhancement Summary Penalties: State Grant Bonus $ 6.0 million Enforcement: BATF $12.5 million U.S. Marshals $ 8.0 million FBI $13.0 million Prosecution: U.S. Attorneys $50.0 million Criminal Division $ 5.0 million Unsentenced Prisoner Support $13.0 million Courts $40.0 million Prisons: Federal Prison Construction $ 1.0 billion (This will bring the total 1990 prison construction budget to $1.5 billion, which includes $115 million available from the Special Forfeiture Fund available to the Office of National Drug Control Policy, and $401 million in the original Bush Budget.) 9 FACT SHEET ON SPENDING ASSOCIATED WITH THE COMBATTING VIOLENT CRIME INITIATIVE The President proposes to add $1 billion to the 1990 Budget for prison construction, bringing the total 1990 Budget for prison construction to $1.5 billion. This will increase Federal prison capacity by about 85 percent, creating over 26,000 additional bedspaces for convicted criminals. The Federal prison system, rated at a capacity of 30,951, presently houses a prisoner population of 48,000 -- a 54 percent overcrowding rate. Implementation of the President's proposal will assure elimination of revolving door justice at the Federal level. Never again can a lack of Federal prisons space be allowed to discourage investigators from apprehending criminals or prevent prosecutors from seeking, or judges from ordering tough sentences. S/3 4pm BACK-UP TABLE TO CRIME INITIATIVE CO1-8WO:A8-INBS DEPARTMENT OF JUSTICE 1990 CRIME INITIATIVE Original 1989 Enacted 1990 Bush 1/ Crime Initiative Program BA Outlays BA Outlays BA Outlays Comments Regarding Initiative Prison Construction 388 203 401 2/ 317 +1,000 +70 Over 18,000 new prison beds for a total of over 26,000 in the 1990 budget. Housing Unsentenced 110 89 147 143 +13 +8 Prisoners 300,000 added jail days for unsentenced prisoners. US Attorneys 460 450 500 466 +50 +44 1,600 additional positions to litigate drug cases, money laundering and procurement fraud, and weapons offenses. Gen'l Legal Activities 245 227 297 292 +5 +5 (Criminal Division) 168 additional positions to investigate and litigate organized crime, fraud, narcotic and dangerous drug cases, and to increase internal security. FB1 1,439 1,463 1,558 1,484 +13 +10 200 additional positions for the Violent Crime and Major Offenders Program. Marshals 205 206 230 230 +8 +7 100 additional positions to increase Federal efforts to sieze fugitives and career criminals. Judiciary 1,506 1,478 1,541 1,513 +40 +39 Processing additional criminal prosecutions. Alchohol, Tobacco, and Firearms 241 239 236 248 +13 +12 250 additional special agents and associated personnel. TOTAL 3/ 4,594 4,355 4,910 4,693 +1,142 +195 1/ Does not include $50 million budget amendment to address financial institution fraud soon to be transmitted to the Hill. 2/ Also available is $115 million from the Special Forfeiture Fund of the Office of National Drug Control Policy. 3/ 1990 estimates include funding from the Organized Crime and Drug Enforcement Account which, in 1989, was funded from within the programs shown. 4567739:# DRAFT 5/11 THE WHITE HOUSE Office of the Press Secretary FOR IMMEDIATE RELEASE May 15, 1989 "When it comes to criminal justice, our first priority must be to keep the criminals away from the good and decent people who want to raise their families in peace and safety. " Vice President George Bush August 9, 1988 Erie, Pennsylvania "I believe strongly that swift and sure punishment is a deterrent. Criminals need to know that they will pay a price Vice President George Bush October 6, 1988 Fort Worth Texas FACT SHEET COMBATTING VIOLENT CRIME The President outlined today a comprehensive program to combat violent crime. The program is designed to strengthen the nation's criminal justice system and the federal, state and local law enforcement partnership. The program is grounded in the President's belief that greater certainty of apprehension, prosecution, and punishment will help deter crimes of violence. It includes proposals to strengthen current Federal, State and local laws, to step up enforcement, and to hold perpetrators of crimes fully accountable for their actions. Although the overall rate of crime increased only 1.4% in 1987, the incidence of violent crimes, including firearms offenses, has grown more rapidly. The wanton and random "wilding" in Central Park, the shooting of the children in the schoolyard in Stockton, California, and the violent, drug related turf battles being fought in our nation's Capital, underscore the need for law enforcement officials to have additional resources and legal are held tully accountable for their actions it 1S essential to eliminate certain gaps in existing law and to strengthen some existing statutes. A. Enhanced penalties for firearms violations The President proposed seven changes in Federal firearms laws which would: 1. Double the mandatory penalty from five to ten years under 18 U.S.C. 924 (c) for the use of a semi-automatic firearm during the commission of a violent crime or drug felony. 2 tools to more vigorously and effectively enforce the Federal, State and local statutes and put an end to revolving door justice caused by crowded prisons, overburdened prosecutors, and legal loopholes. The President is proposing a common sense approach to crime with initiatives to limit access to weapons by criminals, to reform the criminal justice system, to enhance enforcement and prosecution, and to expand prison capacity to assure both the certainty and severity of punishment. Four principles underlie the goals of our criminal justice system and the means for accomplishing them. A primary purpose of government is to protect citizens and their property. Americans deserve to live in a society in which they are safe and feel secure. Those who commit violent criminal offenses should, and must, be held accountable for their actions. Our criminal justice system must have as its objective the swift and certain apprehension, prosecution, and incarceration of those who break the law. Success in accomplishing our criminal justice system goals requires a sustained, cooperative effort by Federal, State and local law enforcement authorities. The President today proposed a comprehensive four part program to strengthen current laws, enhance enforcement and apprehension of criminals, facilitate prosecutions, and expand federal prison capacity. I. STRENGTHENING CURRENT LAWS To assure that those who commit violent criminal offenses are held fully accountable for their actions it is essential to eliminate certain gaps in existing law and to strengthen some existing statutes. A. Enhanced penalties for firearms violations The President proposed seven changes in Federal firearms laws which would: 1. Double the mandatory penalty from five to ten years under 18 U.S.C. 924(c) for the use of a semi-automatic firearm during the commission of a violent crime or drug felony. 3 2. Amend the Armed Career Criminal statute to count as predicate offenses acts of juvenile delinquency which if committed by an adult would constitute a serious drug offense. Many youthful repeat offenders presently escape coverage of the enhanced career criminal penalties because most of their prior offenses were charged as juvenile delinquency. 3. Allow for pre-trial preventive detention of defendants in cases involving certain serious firearms and explosive offenses. 4. Authorize criminal penalties and mandatory minimum sentences for theft of a firearm. 5. Enhance penalties for smuggling firearms into the United States while engaged in, or in the furtherance of, drug trafficking. 6. Require mandatory revocation of supervised release for those possessing a firearm anytime before the term of their supervised release expires. 7. Double the current penalty for a knowing or materially false statement on ATF Form 4473 to a maximum sentence of ten years imprisonment and a maximum fine of $10,000. The President also urged all states to adopt model legislation providing mandatory minimum sentences for criminal offenses involving firearms to parallel Federal mandatory minimum provisions. He directed the Attorney General to provide the States with related technical assistance through the Law Enforcement Coordinating Committees (LECCs) At present, thirty states have some provision for mandatory terms of imprisonment for use of firearms in the commission of a crime. The President proposed providing a 5 percent bonus to the formula law enforcement grants received by those states which adopt this model legislation. 4 B. Restricting Plea Bargaining If our criminal justice system is to achieve its objective of assuring that those who commit violent offenses are held fully accountable for their actions, plea bargaining practices nationwide must be reformed. Too often, serious felons walk away from court after pleading guilty to minor offenses and misdemeanors because overburdened prosecutors have accepted plea agreements rather than going to trial. The lesser charges result in lesser sentences or probation and repeat offenders continue to beat the system. To speed an end to such plea bargaining: 1. The President directed the Attorney General to issue and fully implement guidelines for federal prosecutors regarding plea bargaining under the Sentencing Reform Act to assure that Federal charges always reflect both the seriousness of the defendant's conduct and the Department's commitment to statutory sentencing goals and procedures. 2. The President urged state and local governments to reform their plea bargaining and sentencing practices along similar lines and to devote increased resources to prosecutions. C. Enacting Death Penalty Procedures The criminal justice system must accord paramount importance to the protection of innocent life. The murderous "assault weapon" armed gang member, the terrorist, the traitor and the assassin, who threaten American lives and the nation's security must know that they will face the death penalty for their crimes. The President proposed to restore an enforceable death penalty for the most aggravated Federal crimes. His proposal includes adequate standards and constitutionally sound procedures for imposing the federal death penalty provisions that now appear in federal statutes for homicide, espionage, and treason. It would also authorize the death penalty for a number of new offenses, such as murder for hire. In direct response to the increase in firearms-related violence, the proposal would authorize capital punishment in murder cases where the killer uses a fully- or semi- automatic firearm in committing the offense, or has previously been convicted of a violent felony involving a firearm. 5 D. Restricting Imported Weapons When the Treasury Department study of imported weapons is completed the Administration will make permanent the temporary suspension on imported asssault weapons that fail to meet the criteria specified in the Gun Control Act of 1968 (18 USC 925). E. Preventing Circumvention of Import Laws The President will propose an amendment to ensure that actions taken under the provisions of the Gun Control Act of 1968 shall not be circumvented by domestic assembly of such weapons or any combination of domestic and foreign assembly of such weapons. F. Restricting Gun Magazines The President will propose legislation prohibiting the importation, manufacture, transfer, or sale of gun magazines of over 15 rounds for use by private citizens. G. Limiting Access to Weapons by Criminals In addition to greater penalties for misusing firearms it is also important to limit access to weapons by criminals. This can be facilitated in three ways: 1. Strengthening and Expanding Prohibitions on Access to Weapons by Criminals a. The President proposed to bar the sale of firearms to, or possession of firearms by, persons convicted of any violent offense, expanding the existing prohibition to cover individuals convicted of violent misdeamor offenses, such as some of those on Partick Purdy's criminal record. b. The President also proposed to bar the sale of firearms to, or possession of firearms by, persons convicted of any serious drug offense. 2. Improving Mechanisms for Identifying Criminals Who Attempt to Purchase Firearms The Anti-Drug Abuse Act of 1988 requires the Attorney General to develop a system for the immediate and accurate identification of felons and others who attempt to purchase firearms but 6 are barred by federal law [18 U.S.C. 922 (g) (1) ] from buying or possessing firearms. The initial stage of the study must be completed by November 18, 1989. a. The President directed the Attorney General to expand the National Criminal Records Identification System Implementation study to include a review and evaluation of State and local procedures which have effectively limited criminal access to firearms, and based on that review and in consultation with Bureau of Alcohol, Tobacco, and Firearms, to develop recommendations for model state legislation and procedures to complement and enhance efforts to reduce felons access to firearms. Model legislation or procedures might include a reasonably structured waiting period, or use other devices to facilitate accuracy in determining whether an individual seeking to purchase a weapon from a licensed gun dealer is ineligible by reason of federal law. At present, more than twenty States have waiting periods or other requirements. b. The President urged States to transfer criminal history conviction, sentencing, and other case disposition records to the proper Federal authorities. He also directed the Attorney General to recommend additional improvements in the criminal records data system. The quality of criminal history data is a critical factor in crime control and prevention. At present, the only criminal history records consistently reported by States and localities are arrest records. Timely and accurate reporting of conviction, sentencing and other case disposition records is essential to the effective operation of the nation's criminal justice system. To improve the national data base, States should make such criminal record reporting mandatory and take steps to insure that centralized State criminal history repositories are adequately funded and managed. In addition, States should maintain records and report on all serious crimes committed by juveniles who frequently continue their criminal careers into adulthood, but often escape early 7 identification as repeat offenders and recidivists because their juvenile records are not reported. 3. Eliminating Loopholes and Clarifying Existing Offenses The President also proposed to eliminate loopholes and clarify existing offenses related to the sale or transfer of firearms, in order to: a. facilitate the prosecution of unlicensed gun dealers engaged in illegal weapons transfers to aliens or transients; b. expand federal jurisdiction to permit prosecution of transactions in stolen firearms and weapons lacking serial numbers in cases where the firearms have previously moved in interstate or foreign commerce, (present law requires the firearms be moving in interstate commerce at the time of the offense) ; C. provide a uniform standard to determine whether a person is under federal firearms disabilities based upon state convictions; d. require that persons convicted under state law of a serious drug offense or violent felony apply to federal authorities in order to have their firearms rights restored; e. amend provisions regarding the disposal of forfeited firearms; and f. clarify the definition of burglary in the Armed Career Criminal Act to eliminate loopholes caused by differing state laws. H. Drug Testing as a Condition of Release The President also proposed to authorize and fund nationwide 1990 implementation of drug testing as a mandatory condition of federal probation, parole or supervised release. It is estimated that 81,500 people will be on some form of Federal supervised release in 1990. The Justice Department and the Federal Judiciary will coordinate implementation of this program. The President urged states to adopt similar mandatory drug testing programs as a condition of parole. 8 II. AUGMENTING ENFORCEMENT A primary purpose of government is to protect citizens and their property. This requires the sustained cooperative commitment of Federal, State and local law enforcement officials. Apprehending violent offenders requires increased enforcement personnel, improved cooperation among law enforcement authorities, and not permitting the exclusion of evidence on legal technicalities. A. Additional ATF Special Agents The President proposed to increase funds for the Bureau of Alcohol, Tobacco and Firearms to provide for the hiring, training and equipping of 375 ATF special agents, inspectors and support personnel to investigate assault weapon and other firearms violations by armed career criminal and repeat offenders. B. Additional U.S. Marshals The President proposed to increase funds for the U.S. Marshals to provide for about 150 additional positions for the Marshals Fugitive Investigations and Court Orders Program. This would direct greater Federal efforts to capturing fugitives and career criminals. C. Additional FBI Agents The President proposed to increase funds for the FBI to provide for about 300 additional positions for the Bureau's Violent Crime and Major Offenders Program and Organized Crime Program and to assist States and localities improve their efforts in fighting violent crime through greater Federal/State cooperation. D. Coordinated Task Forces The President directed the Attorney General and Secretary of the Treasury to develop a coordinated strategy for the deployment of the additional U.S. Marshals, ATF and FBI agents. Their deployment will emphasize working closely with state and local authorities in task forces to target and investigate career criminals who are subject to prosecution as repeat offenders under Federal firearms laws and related statutes. 9 E. State and Local Resources The President urged State and local authorities to increase their law enforcement resources devoted to identifying and apprehending violent criminal offenders. F. Exclusionary Rule Reform The President proposed to establish a general "good faith" exception to the exclusionary rule which would permit evidence to be admitted if the officers carrying out a search or seizure acted with an objectively reasonable belief that their conduct was in conformity with the Fourth Amendment. The reform legislation would clarify that courts may not exclude evidence on the basis of non-constitutional violations in the absence of statutory authority for doing so. III. ENHANCING PROSECUTION In order to assure that criminals are held accountable for their offenses, certainty of prosecution must accompany severity of punishment. Federal, State and local authorities must expand and coordinate their prosecutorial efforts. Nt NUSA A. Additional Assistant U.S. Attorneys NF support The President proposed to increase funds for the U.S. Attorneys to support 1,600 additional positions to handle the increased number of federal defendants and to prosecute more drug cases, weapons offenses, and other priority matters. B. Additional Criminal Division Attorneys The President proposed to increase funds for the Justice Department Criminal Division to support 168 additional positions to be applied to drug cases, weapons offenses, and other priority matters, including activities to foster State and local cooperation and coordinated law enforcement strategies. C. Additional Housing for Unsentenced Prisoners The President proposed additional funds for U.S. Marshals to provide transportation and 300,000 added jail days for unsentenced prisoners and pre-trial detainees. 10 D. Additional Judicial Branch Resources The President proposed increasing support to the Judiciary by $40 million for FY 1990 to cover costs associated with processing increased numbers of criminal defendants and for additional federal criminal prosecutions. E. Habeas Corpus Reform The President proposed immediate enactment of habeas corpus reform to establish a general one-year time limit on federal applications by state prisoners; and to require deference in federal proceedings to the results of fair and reasonable state court determinations. This will correct the existing system of review, under which over 10,000 cases are annually filed consuming the equivalent of approximately 40 federal judge-years. IV. EXPANDING PRISON CAPACITY Prison overcrowding remains a national problem. The most acute problem is at the Federal level. At both the Federal and State level prison overcrowding is a factor in sentencing. At the State and local levels it is often responsible for the early release of convicted criminals. A. Expanding Federal Prison Construction The President proposed an additional $1 billion for Federal prison construction, bringing the total 1990 budget to over $1.5 billion. This will increase prison capacity by about 85 percent, adding over 26,000 new federal prison beds. Present rated federal prison capacity is 30,951 beds, the present federal prison population is approximately 48,000. B. Converting Unused Federal Properties The President directed the Secretary of Defense, the Secretary of Education, and the Administrator of the General Services Administration to work with the Attorney General to identify expeditiously properties and facilities suitable for conversion for use as federal prisons or jails. C. Deporting Criminal Aliens The President proposed to provide the Attorney General with additional resources for the Immigration and 11 Naturalization Service (INS) and the Executive Office for Immigration Review in order to expedite the deportation of convicted criminal aliens. Crimes committed by aliens are rising disproportionately in relation to the general population and entailing more violent and drug-related crime. The Federal Bureau of Prisons has identified 9,254 aliens in its facilities, 20.6 percent of its total inmate population. D. Encouraging State Prison Construction The President commended and encouraged State prison construction efforts. States currently have construction of 63,452 new bedspaces underway. An additional 78,094 bedspaces are planned and funding has been secured for their construction. Moreover, States have requested construction of 72,190 additional bedspaces. 12 Funding Summary Enforcement: BATF $19.0 million U.S. Marshals $12.0 million FBI $20.0 million Prosecution: U.S. Attorneys $50.0 million Criminal Division $ 5.0 million Unsentenced Prisoner Support $13.0 million Courts $40.0 million Drug Testing: Mandatory Testing $11.0 million Criminal Alien Deportation: INS $13.0 million EOIR (Executive Office for Immigration Review) $ 1.0 million State Grant Bonus: Office of Justice Programs (Bonus) $ 6.0 million SUBTOTAL (non-prison) $190.0 million Prisons: Federal Prison Construction $1.0 billion This will bring the total 1990 prison construction budget to over $1.5 billion, which includes $115 million available from the Special Forfeiture Fund available to the Office of National Drug Control Policy, and $401 million in the original Bush Budget. TOTAL $1.702 billion* *This total can be accommodated within the overall domestic discretionary spending cap set in the Bipartisan Budget Agreement. NEW YORK POST METRO EDITION 16, 1989 Rain, 55-60 today) of rain, Page 2 40 New York Gy 50t elsewhere 'TAKE BACK THE Bush unveils $1.2B program to fight the war on crime STREETS' Plan includes money for jails, limits on semiautomatics: Page 4 From suburbs to slammer By DON BRODERICK N.J. coed's crack Laurie Cuzzolino's fall from a suburban "girl habit leads to next door" to a murder charge and jail cell cabbie slay rap began gradually - and then accelerated in a har- 18-year-old senior, ac- rowing, crack-induced cused with her boyfriend spiral, her friends said in the slaying of a New yesterday. York cabbie, was intelli- gent - maybe too intelli- Classmates at New Jer- gent. PAUL HERNANDEZ sey's Scotch Plains-Fan- She earned good grades Boyfriend under arrest. wood HS agreed that the Continued on Page 5 LAURIE CUZZOLINO: "Laurie does what Laurie wants." NEW YORK POST, TUESDAY, MAY 1989 Ku CRIME FOR EDDIE BYRNE By DEBORAH ORIN Bureau Chief weapons permanent and didn't extend the ban to U.S.-made attack weapons. WASHINGTON President Bush Instead, he called for laws to limit the yesterday held up the badge of number of bullets a semiantomatic can slain New York rookie cop Edward fire by outlawing "unjustifiably large Byrne as he unveiled a $1.2 billion magazines" or gun elips that fire more than 15 rounds without reloading. anti-crime package with tougher Skeptics of the Bush approach includ- penalties for criminals who use at- ing some administration officials - be- tack weapons. Heve it will be a lot easter for criminals to "We're going to take back the streets get illegal gum citps than to get illegal by taking criminals off the streets," guns. Bush said, speaking behind a bullet- Bush held up Byrne's badge and read the number 14072 - as be noted the proof shield at a Capitol Hill ceremony slain cop was wearing it the day be was for the-161 cops killed nationwide last gunned down by "a gang of cocaine de- year. ards" in Queens. EDWARD SYRNE But be delayed making his temporary He addressed the slain cop's father, Bush flashes his budge. ban on imports of semiautomatic attack Matthew, who gave him the badge during last fall's election cam- paign, saying: "Your son's badge, as I Bush dedicates crime war have told you, is kept in my desk at. the Oval Of- fice." to officer slain in Queens Bush, in effect, dedicated his crime package to Byrne, slain while guard- asked. ing a drug case witness, Continued from Page 4 Administration insiders say saying it is "for Eddie murder-for-hire. Sen. Edward Kennedy (D- White House chief of staff John Byrne, for every [alain] Sununu urged Bush to focus on officer we honor here Mass.). a leading gun-control ad. gun magazines instead of the ac- today. and for America." vocate, praised parts of the pack- tual weapons to reduce opposi- He also evoked the age, but said Bush "pulled his tion from gun-lovers. memories of both the punch" on semiautomatics and should have extended the ban to Handgun Control. the gun-con- brutal assault on a Central trol lobby. said Bush showed Park jogger and the How- U.S.-made weapons. leadership by recognizing that and Beach attack by a The ban on imports covers only. "the weapons themselves are a white gang that killed a 25 percent of attack weapons problem" - not just criminals black man in calling for 75 percent of which are made in who use them. new anti-crime action. the United States. Sen. Alfonse D'Amato (R-N.Y.) "Whether it's the brutall- But National Rifle Assn. said he favors tougher limits on ration of a young runner in spokesman Wayne LaPierre semiautomatics, but banning a park or terrorizing a blasted Bush for urging limits on U.S.-made weapons requires young man onto a crowded gun clips. legislation and Congress may highway, these are acts not have the votes. that cannot be excused or "Does the Bush administration Bush had been expected to explained away," Bush seriously think that criminals make his temporary ban on Im- said. who smuggle tons of cocaine and marijuana into our country ports permanent yesterday - The Bush plan also in- won't also smuggle in as many but held off, saying a study of cludes: $1 billion in new firearms and high-capacity whether the guns are suitable for money for prisons, calls magazines as they want?" be hunting is continuing. for criminals who carry semiautomatics to get at least 10 extra years in jail Agence and urges the death pen- PRESIDENTIAL HANDSHAKE: President Bush greets whesichair-bound Offi- alty for such crimes as cer Paul Kelly at ceremony for the 161 cops killed last year in the line of duty. Continued on Page 21 How prez would combat thugs violent federal firearms of- By DEBORAH ORIN would review court orders Model legislation fenses if the resulting sen- Bureau Chief to relieve jail overcrowd- would be promoted amon] tence would be less than ing, gauging their impact the states - and it migh WASHINGTON - Here the mandatory minimum. on public security. include mandator are key elements of the for the crime committed. Import, manufacture, waiting periods for gu $1.2 billion anti-crime The death penalty for transfer and sale of gun purchase. package that President murder-for-hire would be clips that hold over 15 All federal prisoner Bush proposed yesterday: added to federal statutes. rounds would be banned. allowed out of jall 0: The mandatory federal The Bureau of Alcohol, (This will require Congres probation. parole or super penalty for using a semi- Tobacco and Firearms to pass legislation.) vised release would b automatic weapon during would continue its study on Sale of firearms to tested for drugs. a violent crime or drug imports of semiautomatic those convicted of violent A total of 375 new AT! felony would be doubled - attack weapons. misdemeanors would be agents, 150 new U.S. mai from five to 10 years - When it is done, the cur- barred - as they now are shals and 300 FBI agent with parole and probation rent temporary ban will for those convicted of vio- would be commissioned t barred. become permanent on "the lent felonies. (This would fight violent crime and 01 Pre-trial detention imported weapons, If any," close the loophole that let of ganized crime, and 1,60 would be permitted for that are found to have no disturbed California man new U.S. attorneys woul people accused of serious justifiable sporting use. buy the assault weapon he focus on drug and weapon federal firearms and ex- Another $1 billion used to kill five children.) charges. plosive offenses. would be available for fed- Sale of firearms to any- The attorney general eral prisons, making a one convicted of serious Prez earned 156G on would direct prosecutors total of $1.5 billion for 1990. drug offenses would be Investments/Page 2: to end plea-bargaining for The attorney general prohibited. Tuesday, May 16, 1969 DAILY NEWS 'Ta wack the SU eets By FRANK JACKMAN News Washington Burnets. WASHINGTON Bush declares his $1.2B war on crime Presi- dent Bush yesterday unveiled streets by taking the crimi- Islation, to outlaw U.S.-made a $1.2 billion anti-crime plan able magazines" that hold as nals off the streets." NEW prosecutors $ convict models of semi-automatic to "take back the streets" by many 23 50 or 100 rounds. Bush postponed a decision them, and new prisons to weapons, even though many building more federal jails, The Uzi and AK-47 hold hold them. - pending completion of a are identical to foreign guns. about 30. hiring more lawmen and study - on whether to make Instead, he proposed legis- prosecutors and increasing Speaking to relatives of The badge be keeps permanent the temporary lation to ban the manufac- prison sentences. some of the 161 police offi- ban be imposed March 14 Bush singled out Matthew ture, transfer or sale of gun Outlining his proposals to & foreign-made semi-automatic cers killed in the line of duty Byrne, father of slain New magazines that hold more rain-drenched crowd at a po- last year, Bush described his assault weapons such as the York City Police Officer Ed- than 15 bullets. A senior lice memorial service outside Chinese AK-47 and the Israe- program as on attack against White House official said ward Byrne, saying, "Matt, the Capitol, Bush said: lawbreakers on "four fronts li Uzt. your son's badge, as I have some assault-type semiauto- "We're going to take back the He did not ask for new leg- new laws to punish them, told you, is kept in my desk at maties have "large detach- new agents to arrest them, the Oval Office: And during the debate on gun-related vi- The First Lady has the last word olence neither it, nor what it represents, has ever been far from my mind" Bush identified the badge as the one young Byrne was wearing when he was gunned down in Jamaica, Queens, by a "gang of cocaine cowards." Bush said "people must be held accountable for their ac- tions" and sought to drama- tize the point with references to both the gang-rape of a jog- ger in Central Park and the 1988 racial attack on three black men in Howard Beach, Queens. "Whether it's the brutaliza- tion of a young runner in a park or terrorizing a young man onto a crowded highway, these are acts that cannot be excused or explained away," Bush said. Stronger penalties Bush called on Congress to expand the federal death penalty to cover any murder committed with an automatic or semi-automatic weapon and to double to 10 years the minimum sentence for those convicted of using such a weapon while committing a violent or drug-related crime. Most of the money - $1 bil- lion - in Bush's plan would go to increase federal prison capacity by 26,000 beds, a nearly 80% increase. He also wants to hire 300 more FBI agents, 150 more federal marshals, 375 new of- ficers for the Bureau of Alco- BARBARA BUSH has the floor at commencement day for Bennett hol. Tobacco and Firearms college board of trustace, seems to be delighted to lend an ear. Mrs. College, Greensboro, N.C., and Robert Chiles, chairman of the Bush went on to give principal commencement speech Sunday. and 1,600 new prosecutors and staff in U.S. attorneys' of- fices around the nation. Gotti men get big break in trial By RUBEN ROSARIO The charge, also known as neglia still face 50 years," he jury tampering. A mistrial ing ring in the early 1960s. the "848 count," has been said. was declared in the second Ruggiero and six other co- The federal judge presid- used successfully in the past Defense lawyers hailed the trial last July after a different defendants have been sev- ing over the racketeering and to prosecute the leaders of decision as a major victory. set of jurors found them- drug-trafficking retrial of re- ered from the case and await drug rings. Conviction carries The defendants declined to selves deadlocked. trial puted Gambino mobsters a prison term of 10 years to speak to reporters. Gene Gotti and John Carneg- life, with no hope of parole. "Our position all along has Bartels, the third judge to The lawyers also contend- lia shocked prosecutors yes- been that there was no evi- hear the case, issued his rul- ed that the government had terday when he tossed out the Defense sees victory dence presented to substanti- ing during a post-trial motion failed to prove their clients most serious charge in the Gotti and Carneglia still ate that charge," said Gotti's hearing in the four-week-old employed or controlled five case. face a Racketeer Influenced attorney. Ronald Fischetti. case. or more alleged ring mem- The decision by Brooklyn and Corrupt Organizations Gotti, 42, and Carneglia, 44, (RICO) charge, punishable by were among 10 people indict- Fischetti and Carneglia bers, as required under the Federal Judge John Bartels charge. to dismiss a charge of operat- up to 20 years in prison, and ed in 1983 on drug-running lawyer Gerald Shargel had charges. moved to dismiss the count Ing a continuing criminal en- two drug-distribution counts, "While Gotti and Carneglia by arguing that the govern- terprise for lack of evidence each carrying up to 15 years. may have been partners with came on the eve of closing ar- Post-trial motion ment had introduced no Brooklyn U.S. Attorney An. Ruggiero, they did not take guments in what has been de-, The first of three 8128 proof the two defendants drew Maloney -dectioned to an active role in organizing scribed as the longest pend- were equal and active. part- comment on the ruling or its under way in spring 1987. A supervising of managing the ners with reputed ing criminal case in the effect on the government's organization Bartels said. mistrial was declared nine capo Angelo Ruggiero in nim- nation's federal courts. case. "Mr. Gotti and Mr. Car- "The defendants' inotion 'is' months later amid charges of ning a major heroin-traffick- hereby granted.' Los Angeles Times sistion: 1,118,649 Daily/1,433,739 Sunday Tuesday, May 16, 1989 Pages Copyright 1989/The Times Mirror Company Daily 50c nes who headed the Justice Depart- ly those who repeatedly violate Unveils 1-Billion Crime Package ment's criminal division in the federal firearms laws, aides said. Jimmy Carter Administration. But White House officials were 80 "The question," Heymann said, Intent on keeping details of the Bush Vows Harsher Penalties for Gun Violence "is whether they have something package from leaking out early intelligent in mind to do with the that many law enforcement agen- increased resources." cies, including the FBI and the The Administration does not Marshals Service, were not con- By Times Staff Writer have anything specific in mind yet. sulted before it was drawn up, ASHINGTON resident under existing law. Washington apartments used as and enforcement agents-may be Bush plans to ask the Justice and officials said. Bush 100 Monday announced a Bush's package also contains a crack houses. The federal mar- severely constrained by another of Treasury departments to draw up a Staff writers Ronald J. Ostrow long-anticipated package of mea- series of criminal justice measures shals, who perform the function of Bush's priorities, cutting the defi- plan for using the new resources to and Dougles Johl contributed to sures to combat violent crime, long sought by conservatives, in- county sheriff in Washington, had cit. target career criminals, particular- this story. sidesteriping the controversial is- cluding a widening of the federal spent several weeks developing the A senior White House official, sue of gun control but pledging to death penalty, which has not been new operation, comparing routine speaking to reporters Monday on Increase penalties for gun-related used in a generation, and new housing violation lists with police condition that he not be named, violence and to spend $1 billion on restrictions on the so-called exclu- intelligence about crack houses SO said the $1.2-billion cost of the new more prosecutors and prisons. sionary rule, which bare prosecu- they could target their eviction personnel and prison construction We prepared to match rheto- lors from using Illegally seized efforts to disrupt drug trafficking. could be accommodated by the glc with resources." Bush said, but evidence in criminal cases. Nearly Outside Washington, however, budget agreement reached earlier he did not say where the resources all of the ideas in that portion of the the federal role in crime fighting is this year. That agreement allowed are to come from without worsen- package have been proposed-and far more limited. a problem Bush domestic spending to increase $3.6 Ing the federal deficit. Nor does the defeated-In Congress several Inadvertently highlighted when he billion over current levels. Administration have a detailed times. cited two particularly notorious That $3.6 billion, however. al- plan yet for how to use the extra Bush's plan drew mixed reac- crimes in his speech. "Whether it's ready has been committed to sev- money if it can be obtained, offi- tions. Gun control advocates ex- the brutalization of a young runner eral other programs. including oth- cials conceded. pressed disappointment that he had in a park or terrorizing a young er Administration initiatives such On guns. Bush rejected the ad- not gone further, and several mem- man onto a crowded highway, as education and drug fighting, vice of drug policy chief William J. bers of Congress questioned how Bush said, criminal acts "cannot be congressional budget officials said. Bennett and others who had pro- Bush planned to fit his new propos- excused or explained away." If Bush is to gel his extra money for posed broad new restrictions on al into the budget. The two crimes Bush was de- crime without worsening the defi- semiautomatic desault guns, which White House aides have been scribing, the recent gang-rape of a cit, "something else will have to be have become the guns of choice for anticipating Bush's crime package, young woman jogger in New cut," a senior House budget staff many drug. gang members and which has been under Internal York's Central Park and the death member said. street criminals: Rather than limit debate since March, as the biggest of a black man who was chased into Criminal-justice experts agree, the guns, Bush proposed to control domestic policy Initiative of the the path of a car by white thugs in however, that new prisons will be a the clips that hold their ammunt- spring. The unveiling of the pro- New York's Howard Beach neigh- necessity if the Administration 18 tion-banning the sale or manufac- posals was repeatedly delayed as borhood, were prosecuted in state, serious about crime fighting. ture of magazines that hold more Bush advisers thrashed out the not federal, courts. Neither crime "Without increased prison space, If than 16 rounds. details and sought an appropriate would have been affected by you sentence a lot more people, you symbolic backdrop. In the end, Bush's proposals. would simply have to release a lot Law Governing Imports they chose a Capitol Hill memorial of others," said Philip B. Heymann, Bush pledged to enforce the for stain law enforcement officers 10-Year Mandatory Sentence a Harvard Law School professor current law that bans the importa- to serve as Bush's forum. Bush's plan would increase pen- tion of guns deemed unsuitable for Standing in a slow drizzle on the alties for many federal offenses sport, a subject under study by the steps of the Capitol and surrounded Involving guns, including a new Bureau of Alcohol, Tobacco and by uniformed police, Bush called 10-year mandatory minimum sen- Firearms. But he rejected the Idea for a "common-sense approach to tence for violent crimes committed of applying the same test to domes- crime" and pledged that the federal using a semiautomatic weapon. lically produced weapons. government would "lead the way" Those penalties would not apply, Limiting domestically produced to "take back the streets by taking however. In state courts, where weapons would have required the criminals off the streets." most violent crimes are handled. Administration to confront the As Bush spoke, teams of federal Those Bush initiatives that powerful National Rifle Assn. in a marshale fanned out across the would have the most visible Im- battle over new legislation. For- capital In the first of a series of pact-building new prisons and eign-made weapons can be handled eviction raids designed to target hiring more federal prosecutors PRESIDENTIAL REMARKS: PEACE OFFICERS MEMORIAL DAY U.S. CAPITOL -- WEST FRONT MONDAY, MAY 15, 1989 12:00 NOON LAST FALL, A RETIRED NEW YORK POLICE LIEUTENANT GAVE ME BADGE NUMBER 14072 -- THE BADGE HIS SON WORE THE DAY HE WAS GUNNED DOWN BY A GANG OF COCAINE COWARDS. MATTHEW BYRNE ASKED ME TO KEEP EDDIE'S BADGE AS A "REMINDER OF ALL THE BRAVE POLICE OFFICERS. WHO PUT THEIR LIVES ON THE LINE FOR US EVERY DAY." " - 2 - MATT, YOUR SON'S BADGE IS KEPT IN MY DESK IN THE OVAL OFFICE. DURING THE DEBATE ON GUN-RELATED VIOLENCE THAT HAS RAGED IN THIS COUNTRY THE PAST SEVERAL MONTHS, NEITHER IT, NOR WHAT IT REPRESENTS, HAS EVER BEEN FAR FROM MY MIND. I'VE HEARD THE MANY VOICES, THE COURAGEOUS AND THE CORRUPT, THE WOUNDED AND THE WIDOWED. - 3 - WE GATHER TODAY TO RESPOND TO THOSE VOICES, AND TO HONOR THE FALLEN BY LAUNCHING A NEW NATIONAL STRATEGY -- A PARTNERSHIP WITH AMERICA'S CITIES AND STATES -- TO TAKE BACK THE STREETS. IT CALLS FOR A RETURN TO COMMON SENSE. AND IT BEGINS WITH A CLEAR-EYED VISION OF THE KIND OF PROBLEMS WE FACE, THE KIND OF PEOPLE WE ARE, THE KIND OF VALUES WE HOLD -- AND THE KIND OF NATION WE INTEND To BEQUEATH TO OUR CHILDREN. - 4 - THE PROBLEM IS VIOLENT CRIME -- AND, IN PARTICULAR, THE BLOOD THAT'S BEEN SHED BY INCREASINGLY SOPHISTICATED GUNS IN THE HANDS OF A NEW CLASS OF CRIMINALS. USUALLY, BUT NOT ALWAYS, THE DEATHS ARE TIED TO A CYCLE OF DOLLARS AND DRUGS AND DEPENDENCY. THE PRINCIPLES ARE SIMPLE. MY GENERATION WELL REMEMBERS WHAT SOME BELIEVE WAS F.D.R.'s FINEST SPEECH: THE "FOUR FREEDOMS" ADDRESS TO A JOINT SESSION OF CONGRESS. - 5 - THE LAST, OFTEN FORGOTTEN, BUT ARGUABLY MOST FUNDAMENTAL OF THOSE FREEDOMS WAS SIMPLY THIS: FREEDOM FROM FEAR. OUR SWORN DUTY TO "INSURE DOMESTIC TRANQUILITY" IS AS OLD AS THE REPUBLIC ITSELF, PLACED IN THE CONSTITUTION'S PREAMBLE EVEN BEFORE THE COMMON DEFENSE AND THE GENERAL WELFARE. WHEN WE ASK WHAT KIND OF SOCIETY THE AMERICAN PEOPLE DESERVE, OUR GOAL MUST BE A NATION IN WHICH LAW ABIDING CITIZENS ARE SAFE AND FEEL SAFE. - 6 - To ACHIEVE THIS GOAL, PEOPLE MUST BE HELD ACCOUNTABLE FOR THEIR ACTIONS. THAT'S COMMON SENSE. MOST AMERICANS ARE LAW ABIDING, AND MOST BELIEVE THAT THERE IS SUCH A THING AS RIGHT AND WRONG -- GOOD AND EVIL. WHETHER IT'S THE BRUTALIZATION OF A YOUNG RUNNER IN A PARK OR TERRORIZING A YOUNG MAN ONTO A CROWDED HIGHWAY, THESE ARE ACTS THAT CANNOT BE EXCUSED, OR EXPLAINED AWAY. - 7 - A COMMON SENSE APPROACH TO CRIME MEANS THAT IF WE ARE GOING TO AFFECT PEOPLE'S BEHAVIOR, WE MUST HAVE A CRIMINAL JUSTICE SYSTEM IN WHICH THERE IS AN EXPECTATION THAT: -- IF YOU COMMIT A CRIME, YOU WILL BE CAUGHT. -- AND IF CAUGHT, YOU WILL BE PROSECUTED. -- AND IF CONVICTED, YOU WILL DO TIME. - 8 - FOR FAR TOO LONG, A PRIVILEGED CLASS OF VIOLENT AND REPEAT OFFENDERS HAVE CALCULATED THAT CRIME REALLY DOES PAY -- THAT OUR CRIMINAL JUSTICE SYSTEM IS A CRAPSHOOT WHERE THE RISKS ARE WORTH THE REWARDS. WELL, IT'S TIME WE CHANGE THE ODDS -- AND UP THE STAKES ENORMOUSLY. WE WILL LEAD THE WAY. WE WILL DO OUR PART -- AND THEN SOME. BUT NO FEDERAL EFFORT CAN SUCCEED WITHOUT THE FULL PARTNERSHIP OF THE CITIES AND STATES YOU REPRESENT. - 9 - UNFORTUNATELY, NOWHERE IS YOUR FRONT LINE ROLE MORE EVIDENT THAN IN THE HONOR ROLL THAT WILL BE READ TODAY: OF THE 161 OFFICERS KILLED IN THE LINE OF DUTY LAST YEAR, 152 WERE STATE OR LOCAL COPS. You ARE THE FIRST LINE OF DEFENSE -- AND YOUR RESPECTIVE GOVERNMENTS HAVE AN OBLIGATION TO ADOPT TOUGH LEGISLATION AND PROVIDE THE RESOURCES -- IN POLICE, PROSECUTORS AND PRISONS -- TO FULLY BACK YOU UP. - 10 - AT THE TRIAL OF EDDIE BYRNE'S EXECUTIONERS, THERE WAS TESTIMONY THAT THE HIT WAS ORDERED FROM PRISON TO SEND A "MESSAGE" TO THE PEOPLE BEHIND THE BADGE. ONE WITNESS SAID THEY HOPED TO SEE THE ATTACK ON THE TV NEWS AT RIKER'S ISLAND. TODAY WE HAVE A MESSAGE OF OUR OWN: WE'RE GOING TO TAKE BACK THE STREETS, BY TAKING CRIMINALS OFF THE STREETS. - 11 - IT'S AN ATTACK ON ALL FOUR FRONTS -- NEW LAWS TO PUNISH THEM, NEW AGENTS TO ARREST THEM, NEW PROSECUTORS TO CONVICT THEM, AND NEW PRISONS TO HOLD THEM. I AM ANNOUNCING TODAY A COMPREHENSIVE NEW OFFENSIVE FOR COMBATTING VIOLENT CRIME. FOR EDDIE BYRNE, FOR EVERY OFFICER WE HONOR HERE TODAY, AND FOR AMERICA. - 12 - THE FIRST FRONT OF THIS CAMPAIGN -- NEW LAWS -- STARTS WITH THE SEMI-AUTOMATIC AND SO-CALLED "ASSAULT" WEAPONS THAT CRIMINALS HAVE TAKEN AS THEIR GUN OF CHOICE. AGAIN, COMMON SENSE HAS TO PLAY AN IMPORTANT PART IN THIS DISCUSSION. THE FACT OF THE MATTER IS, NEARLY HALF THE HOUSEHOLDS IN THIS COUNTRY HAVE GUNS. THE GUNS ARE ALREADY OUT THERE. - 13 . AND THE OVERWHELMING MAJORITY ARE LEGITIMATELY OWNED FOR LEGITIMATE PURPOSES. BUT IN CONTRAST TO LEGITIMATE GUN OWNERSHIP IS THE CHILLING FACT THAT SOMETHING LIKE 80 PERCENT OF ALL FIREARMS USED BY FELONS ARE STOLEN OR OTHERWISE UNLAWFULLY OBTAINED. THROUGHOUT OUR NATION'S HISTORY, THE HARD LESSON WE'VE LEARNED IS THAT CRIMINALS WILL GET GUNS. - 14 - So LET ME BE VERY CLEAR ABOUT OUR RESPONSE: THE RIGHT TO OWN GUNS IS NOT A LICENSE TO HARM OTHERS. FIRST, I AM CALLING ON CONGRESS TODAY TO DO FOR DANGEROUS FIREARMS WHAT IT HAS WISELY DONE FOR DANGEROUS DRUGS -- TO DOUBLE THE MANDATORY MINIMUM PENALTIES FOR THE USE OF SEMI-AUTOMATIC WEAPONS IN CRIMES INVOLVING VIOLENCE OR DRUGS. - 15 - THE MATH IS SIMPLE. ANYONE WHO USES A SEMI- AUTOMATIC FOR CRIME -- OR so MUCH AS HAS ONE ON THEM DURING A CRIME -- WILL DO AN AUTOMATIC 10 EXTRA YEARS IN FEDERAL PRISON. No PROBATION. No PAROLE. No MATTER WHICH JUDGE THEY GET. SECONDLY, WE JUST CAN'T PLEA BARGAIN AWAY THE LIVES OF OUR COPS AND KIDS. - 16 - I AM DIRECTING THE ATTORNEY GENERAL TO ADVISE AMERICA'S PROSECUTORS TO END PLEA BARGAINING FOR VIOLENT FEDERAL FIREARMS OFFENSES. THOSE WHO USE GUNS WILL DO TIME -- HARD TIME. THIRD -- WHEN A CRIMINAL CARRIES A GUN -- AND SOMEONE DIES -- THEY MUST PAY WITH THEIR OWN LIVES. - 17 - WE ARE CALLING ON CONGRESS TODAY TO ENACT THE STEPS NECESSARY TO IMPLEMENT THE DEATH PENALTY -- AND TO NEWLY DESIGNATE THE USE OF A FIREARM AS AN "AGGRAVATING FACTOR" FOR DETERMINING WHETHER THE DEATH SENTENCE SHOULD BE IMPOSED. - 18 - AND I CALL ON AMERICA'S GOVERNORS To MATCH THIS FEDERAL INITIATIVE AND PROPOSE THESE SAME THREE STANDARDS AT HOME -- MANDATORY TIME, NO DEALS WITHOUT COOPERATION, THE DEATH PENALTY WHERE APPROPRIATE. YOUR STATES OWE IT TO THOSE HERE TODAY. FOURTH -- TWO MONTHS AGO, AT MY DIRECTION, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS SUSPENDED THE IMPORTATION OF CERTAIN, SO-CALLED "ASSAULT" WEAPONS. - 19 - 4 ATF IS CONTINUING ITS EXAMINATION TO DETERMINE WHICH - -- IF ANY -- OF THESE WEAPONS ARE ACCEPTABLE UNDER THE STANDARDS IN EXISTING LAW. AT THE CONCLUSION OF THIS THREE MONTH STUDY -- AND AFTER CAREFUL CONSIDERATION -- WE WILL PERMANENTLY BAN THOSE IMPORTS THAT DON'T MEASURE UP TO THESE STANDARDS. - 20 - RECENTLY, THE U.S. NEWS COVER STORY ON GUNS SUMMED UP A RELATED CHALLENGE -- "THE DIFFICULTY IN DRAFTING LAWS THAT WILL SEPARATE ASSAULT WEAPONS USED IN CRIME FROM SEMI-AUTOMATICS FREQUENTLY USED" FOR LEGITIMATE HUNTING AND SPORT. THERE IS SUBSTANTIAL CONTROVERSY AND DEBATE ON THIS POINT. BUT ONE THING THAT WE DO KNOW ABOUT THESE "ASSAULT" WEAPONS IS THAT THEY INVARIABLY ARE EQUIPPED WITH UNJUSTIFIABLY LARGE MAGAZINES. - 21 - THE NOTORIOUS AKS-47, FOR EXAMPLE, COMES WITH A MAGAZINE THAT PUMPS OFF 30 EXPLOSIVE BURSTS WITHOUT RELOADING. AND THAT IS WHY -- FIFTH -- WE STAND ON THE STEPS OF CONGRESS AND ASK ITS SUPPORT FOR LEGISLATION PROHIBITING THE IMPORTATION, MANUFACTURE, SALE, OR TRANSFER OF GUN MAGAZINES OF MORE THAN 15 ROUNDS. - 22 - THE CURRENT DEBATE WAS FIRST SPARKED WHEN AN UNSTABLE GUNMAN IN STOCKTON, CALIFORNIA PURCHASED AN AKS-47 OVER THE COUNTER -- AND USED IT TO LAY WASTE TO AN ELEMENTARY SCHOOL PLAYGROUND. PATRICK EDWARD PURDY HAD NO BUSINESS BUYING THAT GUN. HE WAS ARRESTED ON HIS FIRST WEAPONS CHARGE BEFORE HIS 15TH BIRTHDAY. BY HIS FOURTH FIREARMS ARREST, PURDY HAD FINALLY TURNED 18, AND WITH IT CHALKED UP THE FIRST OF TWO ADULT CONVICTIONS. - - 23 - ALTHOUGH FOR VIOLENT AND WEAPONS OFFENSES, BOTH CONVICTIONS WERE MISDEMEANORS. PURDY CRAWLED THROUGH THE LOOPHOLE THAT BARS ONLY FELONS FROM BUYING GUNS -- AND GOT THAT DEADLY AKS-47. THAT'S OUTRAGEOUS. AND THEREFORE, WE ALSO PROPOSE THAT CONGRESS CLOSE THE PURDY LOOPHOLE, AND OTHERS LIKE IT THAT ALLOW DEADLY WEAPONS TO FALL INTO DEADLY HANDS. AGAIN, THAT'S JUST COMMON SENSE. - 24 - BUT WE NEED TO DO MORE THAN JUST ENACT NEW LAWS. IN A RECENT MOVIE ABOUT THE L.A. GANG WARS, A WOMAN SHOUTS ENCOURAGEMENT TO A COP ON PATROL, TELLING HIM: "You GET THEM OFF THE STREET." HE ANSWERS: "LADY, WE'RE TRYING." AND THE WOMAN OFFERS A FOUR WORD SOLUTION: "You NEED MORE HELP." BELIEVE ME, WE KNOW IT. OUR POLICE NEED MORE HELP. - - 25 - AND I'M HERE TODAY TO TELL YOU THAT WE'RE PREPARED TO MATCH RHETORIC WITH RESOURCES -- AND CALL ON OUR CITIES AND STATES TO DO THE SAME. THE SECOND FRONT OF OUR NEW OFFENSIVE CALLS FOR INCREASED MANPOWER AND A NEW STRATEGY ON GUNS -- A STRATEGY BASED ON MODELS OF PROVEN EFFECTIVENESS. - 26 - I HAVE DIRECTED THE ATTORNEY GENERAL AND THE TREASURY SECRETARY, WORKING TOGETHER WITH STATE AND LOCAL ENFORCEMENT, TO LAUNCH A COMPREHENSIVE, COORDINATED OFFENSIVE AGAINST OUR NATION'S MOST VIOLENT CRIMINALS. I AM REQUESTING FUNDING FOR HIRING 825 NEW FEDERAL AGENTS AND STAFF -- 375 AT ATF, 300 AT THE FBI, AND 150 DEPUTY U.S. MARSHALS, - 27 - MANY OF THESE HIRINGS WILL PERMIT EXPERIENCED INVESTIGATORS FROM ALL THREE AGENCIES TO PROMPTLY COMBAT VIOLENT CRIME IN THE FIELD. OF COURSE, ARRESTING THESE THUGS DOESN'T HELP IF WE DON'T HAVE THE MUSCLE TO PROSECUTE EACH CRIMINAL TO THE FULLEST EXTENT OF THE LAW. THAT'S WHY THE THIRD FRONT OF THIS CAMPAIGN CALLS FOR CONGRESS TO BACK UP THESE NEW TROOPS WITH 1,600 NEW PROSECUTORS AND STAFF -- THE LARGEST INCREASE IN OUR NATION'S HISTORY. - 28 - Now, THERE PROBABLY ISN'T A COP HERE WHO HASN'T SEEN A CASE WHERE A DANGEROUS FELON -- PROPERLY ARRESTED, FULLY PROSECUTED, AND SENTENCED TO THE MAXIMUM -- WALKED OUT OF JAIL EARLY, SOMETIMES YEARS EARLY, BECAUSE STATE PRISONS ARE BURSTING AT THE SEAMS. THAT'S NOT RIGHT. - 29 - PART OF OUR COMMON SENSE APPROACH IS A SIMPLE RECOGNITION THAT IT DOESN'T DO ANY GOOD TO PROVIDE NEW FEDERAL AGENTS, NEW ASSISTANT U.S. ATTORNEYS, AND NEW LAWS WITH LONG-TERM PENALTIES -- IF WE DON'T HAVE THE PRISON CELLS TO KEEP CRIMINALS WHERE THEY BELONG. A CHAIN IS ONLY AS STRONG AS ITS WEAKEST LINK. - 30 - AND so, AS THE FOURTH FRONT IN THIS COMPREHENSIVE EFFORT, I AM CALLING ON CONGRESS TO AUTHORIZE AN ADDITIONAL $1 BILLION --OVER AND ABOVE THE $500 MILLION ALREADY SLATED FOR 1990 -- FOR FEDERAL PRISON CONSTRUCTION. THESE 24,000 NEW BEDS WILL NEARLY DOUBLE FEDERAL PRISON CAPACITY. NOT SINCE LINCOLN HAS A PRESIDENT STOOD IN FRONT OF THE CAPITOL AND BEEN JUST A FEW MILES FROM THE FRONT LINE OF A WAR. - 31 - NEVER WAS THE TOLL MORE VISIBLE THAN IN THE FACES OF THE BRAVE MEN AND WOMEN -- THE FAMILIES -- GATHERED HERE TODAY. AND WHEN I FIRST STOOD HERE AS PRESIDENT -- ONLY MOMENTS AFTER TAKING THE OATH -- I MADE A PROMISE: "THIS SCOURGE WILL STOP." AND THAT'S A PROMISE WE INTEND TO KEEP. LADIES AND GENTLEMEN, I OFFER MY CONDOLENCES FOR YOUR FALLEN LOVED ONES AND FELLOW OFFICERS. I SALUTE YOUR COMMITMENT AND YOUR COURAGE. - 32 - AND AS A CITIZEN GRATEFUL FOR THE PROTECTION YOU HAVE PROVIDED FOR MY FAMILY AND MY COUNTRYMEN, I THANK YOU AND WISH YOU GODSPEED. AND GOD BLESS AMERICA. # # # Teleprompter (McNally/Simon) 7pm May 14, 1989, dozp.m. Draft Five (B: CRIME) PRESIDENTIAL REMARKS: PEACE OFFICERS MEMORIAL DAY U.S. CAPITOL -- WEST FRONT MONDAY, MAY 15, 1989 12:00 NOON Last fall, a retired New York police lieutenant gave me badge number 14072 -- the badge his son wore the day he was gunned down by a gang of cocaine cowards. Matthew Byrne asked me to keep Eddie's badge as a "reminder of all the brave police officers who put their lives on the line for us every day." Matt, your son's badge is kept in my desk in the Oval Office. During the debate on gun-related violence that has raged in this country the past several months, neither it, nor what it represents, has ever been far from my mind. I've heard the many voices, the courageous and the corrupt, compassionate the wounded and the widowed. We gather today to respond to those voices, and to honor the fallen by launching a new national strategy -- a partnership with America's cities and states -- to take back the streets. It calls for a return to common sense. And it begins with a clear-eyed vision of the kind of problems we face, the kind of people we are, the kind of values we hold -- and the kind of nation we intend to bequeath to our children. The problem is violent crime -- and, in particular, the blood that's been shed by increasingly sophisticated guns in the 3 For far too long, a privileged class of violent and repeat offenders have calculated that crime really does pay -- that our criminal justice system is a crapshoot where the risks are worth the rewards. Well, it's time we change the odds -- and up the stakes enormously. We will lead the way. We will do our part -- and then some. But no federal effort can succeed without the full partnership of the cities and states you represent. Unfortunately, nowhere is your front line role more evident than in the honor roll that will be read today: of the 161 officers killed in the line of duty last year, 152 were state or local cops. You are the first line of defense -- and your respective governments have an obligation to adopt tough legislation and provide the resources -- in police, prosecutors and prisons -- to fully back you up. At the trial of Eddie Byrne's executioners, there was testimony that the hit was ordered from prison to send a "message" to the people behind the badge. One witness said they hoped to see the attack on the TV news at Riker's Island. Today we have a message of our own: We're going to take back the streets. By taking criminals off the streets. It's an attack on all four fronts -- new laws to punish them, new agents to arrest them, new prosecutors to convict them, and new prisons to hold them. I am announcing today a comprehensive new offensive for combatting violent crime. For Eddie Byrne, for every officer we honor here today, and for America. 2 hands of a new class of criminals. Usually, but not always, the deaths are tied to a cycle of dollars and drugs and dependency. The principles are simple. My generation well remembers what some believe was F.D.R.'s finest speech: The "Four Freedoms" address to a joint session of Congress. The last, often forgotten, but arguably most fundamental of those freedoms was simply this: freedom from fear. Our sworn duty to "insure domestic Tranquility" is as old as the republic itself, placed in the Constitution's preamble even before the common defense and the general welfare. When we ask what kind of society the American people deserve, our goal must be a nation in which law abiding citizens are safe and feel safe. To achieve this goal, people must be held accountable for their actions. That's common sense. Most Americans are law abiding, and most believe that there is such a thing as right and wrong -- good and evil. Whether it's the brutalization of a young runner in a park or terrorizing a young man onto a crowded highway, these are acts that cannot be excused, or explained away. A common sense approach to crime means that if we are going to affect people's behavior, we must have a criminal justice system in which there is an expectation that: -- If you commit a crime, you will be caught. -- And if caught, you will be prosecuted. -- And if convicted, you will do time. 4 The first front of this campaign -- new laws -- starts with the semi-automatic and so-called "assault" weapons that criminals have taken as their gun of choice. Again, common sense has to play an important part in this discussion. The fact of the matter is, nearly half the households in this country have guns. The guns are already out there. And the overwhelming majority are legitimately owned for legitimate purposes. But in contrast to legitimate gun ownership is the chilling fact that something like 80 percent of all firearms used by felons are stolen or otherwise unlawfully obtained. Throughout our nation's history, the hard lesson we've learned is that criminals will get guns. So let me be very clear about our response: The right to own guns is not a license to harm others. First, I am calling on Congress today to do for dangerous firearms what it has wisely done for dangerous drugs -- to double the mandatory minimum penalties for the use of semi-automatic weapons in crimes involving violence or drugs. The math is simple. Anyone who uses a semi-automatic for crime -- or so much as has one on them during a crime -- will do an automatic 10 extra years in federal prison. No probation. No parole. No matter which judge they get. Secondly, we just can't plea bargain away the lives of our cops and kids. I am directing the Attorney General to advise 5 America's prosecutors to end plea bargaining for violent federal firearms offenses. Those who use guns will do time -- hard time. Third -- when a criminal carries a gun -- and someone dies -- they must pay with their own lives. We are calling on Congress today to enact the steps necessary to implement the death penalty -- and to newly designate the use of a firearm as an "aggravating factor" for determining whether the death sentence should be imposed. And I call on America's Governors to match this federal initiative and propose these same three standards at home -- mandatory time, no deals without cooperation, the death penalty where appropriate. Your states owe it to those here today. Fourth -- two months ago, at my direction, the Bureau of Alcohol, Tobacco and Firearms suspended the importation of certain, so-called "assault" weapons. ATF is continuing its examination to determine which of these weapons are not acceptable under the standards in existing law. At the conclusion of this three month study -- and after careful consideration -- we will permanently ban those any imports that don't measure up to these standards. Recently, the U.S. News cover story on guns summed up a related challenge -- "the difficulty in drafting laws that will separate assault weapons used in crime from semi-automatics frequently used" for legitimate hunting and sport. There is substantial controversy and debate on this point. But one thing that we do know about these "assault" weapons is 6 that they invariably are equipped with unjustifiably large magazines. The notorious AKS-47, for example, comes with a magazine that pumps off 30 explosive bursts without reloading. And that is why -- fifth -- we stand on the steps of Congress and ask its support for legislation prohibiting the importation, manufacture, sale, or transfer of gun magazines of more than 15 rounds. The current debate was first sparked when an unstable gunman in Stockton, California purchased an AKS-47 over the counter -- and used it to lay waste to an elementary school playground. Patrick Edward Purdy had no business buying that gun. He was arrested on his first weapons charge before his 15th birthday. By his fourth firearms arrest, Purdy had finally turned 18, and with it chalked up the first of two adult convictions. Although for violent and weapons offenses, both convictions were misdemeanors. Purdy crawled through the loophole that bars only felons from buying guns -- and got that deadly AKS-47. That's outrageous. And therefore, we also propose that Congress close the Purdy loophole, and others like it that allow deadly weapons to fall into deadly hands. Again, that's just common sense. But we need to do more than just enact new laws. In a recent movie about the L.A. gang wars, a woman shouts encouragement to a cop on patrol, telling him: "You get them off the street." He answers: "Lady, we're trying." And the woman offers a four word solution: "You need more help." " 7 Believe me, we know it. Our police need more help. And I'm here today to tell you that we're prepared to match rhetoric with resources -- and call on our cities and states to do the same. The second front of our new offensive calls for increased manpower and a new strategy on guns -- a strategy based on models of proven effectiveness. I have directed the Attorney General and the Treasury Secretary, working together with state and local enforcement, to launch a comprehensive, coordinated offensive against our nation's most violent criminals. I am requesting funding for hiring 825 new federal agents and staff -- 375 at ATF, 300 at the FBI, and 150 Deputy U.S. Marshals. Many of these hirings will permit experienced investigators from all three agencies to promptly combat violent crime in the field. Of course, arresting these thugs doesn't help if we don't have the muscle to prosecute each criminal to the fullest extent of the law. That's why the third front of this campaign calls for Congress to back up these new troops with 1,600 new prosecutors and staff the the largest increase in our nation's history. Now, there probably isn't a cop here who hasn't seen a case where a dangerous felon -- properly arrested, fully prosecuted, and sentenced to the maximum -- walked out of jail early, sometimes years early, because state prisons are bursting at the seams. That's not right. 8 Part of our common sense approach is a simple recognition that it doesn't do any good to provide new federal agents, new Assistant U.S. Attorneys, and new laws with long-term penalties -- if we don't have the prison cells to keep criminals where they belong. A chain is only as strong as its weakest link. And so, as the fourth front in this comprehensive effort, I am calling on Congress to authorize an additional $1 billion -- over and above the $500 million already slated for 1990 -- for boost federal prison construction. These 24,000 new beds will nearly double federal prison capacity. by neatly 80% Not since Lincoln has a President stood in front of the Capitol and been just a few miles from the front line of a war. Never was the toll more visible than in the faces of the brave men and women -- the families -- gathered here today. And when I first stood here as President -- only moments after taking the oath -- I made a promise: "This scourge will stop." And that's a promise we intend to keep. Ladies and gentlemen, I offer my condolences for your fallen loved ones and fellow officers. I salute your commitment and your courage. And as a citizen grateful for the protection you have provided for my family and my countrymen, I thank you and wish you Godspeed. And God bless America. # # # (McNally/Simon) May 11, 1989 11:00 a.m. Draft Three (B:CRIME) PRESIDENTIAL REMARKS: PEACE OFFICERS MEMORIAL DAY U.S. CAPITOL -- WEST FRONT MONDAY, MAY 15, 1989 12:00 NOON Not since Lincoln has a President stood in front of the Capitol and been just a few miles from the front line of a war. Certain sections, of certain cities -- including this one -- have been turned into combat zones by pockets of violent and well-armed drug lords. Never was the toll more visible than in the faces of the brave men and women -- the families -- gathered here on democracy's front steps today. Last fall, a retired New York police lieutenant gave me Tim badge number 14072 -- the badge his son wore the day he was gunned down by one such gang of cocaine cowards. Matthew Byrne asked me to keep Eddie's badge as a "reminder of all the brave New Your Daily Newspolice officers who put their lives on the line for us every 10/21/88 day." Tim Matt, your son's badge is kept in my desk in the Oval Mc Bride Office. During the debate on drug-related violence that has raged in this country the past several months, neither it nor what it represents has ever been far from my mind. I've heard many voices, the courageous and the corrupt, the wounded and the widowed. 2 Some say we should give up. Others all but suggest we barricade the streets. But somewhere between despair and destruction, there is a balanced course. Room for a measured response. A place for common sense. And no effective search for the solutions can begin without a thoughtful look at the problem we face, and at the kind of people we are, the kind of values we hold, and the kind of nation we intend to bequeath to our children. First, the problem. We're here today to talk about violent crime -- and, in particular, the bloodshed that has been spurred by increasingly sophisticated guns in the hands of a new class of cold-blooded criminals. Usually, but not always, the deaths are tied to a cycle of drugs and dollars and dependency. Second, the principles. My generation well remembers what some believe was F.D.R.'s finest speech: The "Four Freedoms" 1/6/41 address to a joint session of Congress. The last, often see forgotten, and arguably most fundamental of President Roosevelt's file freedoms was simply this: freedom from fear. Our sworn duty to "insure domestic Tranquility" is as old as the republic itself, see file placed in the Constitution's preamble even before the common defense and the general welfare. When we ask what kind of society the American people deserve -- and what kind of society we hope to pass on to our children -- it's clear that our goal must be a nation in which law abiding citizens are safe and feel safe. 3 Fundamental to this duty is the notion that people must be held accountable for their actions. That's common sense. Most Americans are law abiding, and most believe that there is such a thing as right and wrong -- that we each carry within ourselves the capacity for evil -- and the freedom to choose instead to do good. We can all be glad that the failed policies of liberal leniency -- often blaming society or even the victim -- seem to be fading from the debate. Society causes crime like wet sidewalks cause rain. But a return to a common sense approach to crime means that if we are going to affect people's behavior, we must have a criminal justice system in which there is an expectation that: -- If a crime is committed, you will be caught. -- And if caught, you will be prosecuted. -- And if convicted, you will do time. For far too long, a privileged class of violent and repeat offenders have calculated that crime really does pay -- that our criminal justice system is a crapshoot where the risks are worth the rewards. Well, it's time we change the odds -- and up the stakes enormously. And I'll talk about that in a moment. One other principle. The federal government has a special enforcement role, particularly one of leadership. But our job is also to work in partnership with state and local law enforcement, complementing efforts, providing technical assistance and sometimes cash where needed, and where possible. 4 Nonetheless -- for constitutional and traditional reasons -- the primary responsibility for law enforcement always has and will continue to rest with state and local authorities. Unfortunately, nowhere is this sometimes dangerous duty more Goodwident than in the honor roll that will be read after my remarks advance 7565 are concluded: Of the 161 officers killed in the line of duty Sawyer SUZIE-2264 2264 last year, 152 were state or local cops. You are the front line troops -- and your respective governments have an obligation to adopt tough legislation and provide the resources -- in police, prosecutors and prisons -- to fully back you up. At the trial of Eddie Byrne's executioners, there was stat testimony that the hit was ordered by a short term convict -- serving just years for a serious weapons charge to send a X Newsday "message" to the people behind the badge. One witness said they 3/17/89 wanted to see the attack on the TV news at Rikers Island. Well, keep the cameras rolling. I hope they have C-SPAN at Rikers. Because today we have a little message of our own. If you use guns, get used to prison TV. We're going to take back the streets. And we're going to do it by taking you off them. I am announcing today a comprehensive new offensive for combatting violent crime. It's an attack on all four fronts -- new laws to punish you, new cops to arrest you, new prosecutors to convict you, and new jails to hold you. 5 The first front of this campaign -- new laws -- starts with the semi-automatic and so-called "assault" weapons that criminals lately have taken as their gun of choice. Again, common sense has to play an important part in this 1987 punership Raper poll discussion. The fact of the matter is, nearly half the households in this country have guns. The guns are already out any no of households of there. And the overwhelming majority are legitimately owned for gem purposes. Census Ring 663-5299 But in contrast to legitimate gun ownership is the chilling BJS somebook by felons 19$7 fact,that something like 80 percent of all firearms used in crime Junes obtained, according ter one study. 504-865-5920 are stolen or otherwise unlawfully possessed. Throughout our nation's history, the hard lesson we've learned is that criminals will get guns. So let me be very clear about our response: The right to bear arms is not a license to harm others. First, I am calling on Congress today to do for dangerous firearms what it has wisely done for dangerous drugs -- to double the mandatory minimum penalties for the use of a or semi- automatic weapon in crimes involving violence or drugs. The math is real simple. You use these weapons for crime -- you so much as have one on you during a crime -- and you will do an extra 10 years in federal prison. No probation. No parole. And it doesn't matter anymore whether you get a tough judge. The 10 years is automatic. Go straight to jail. The games are over. 6 Secondly, we just can't plea bargain away the lives of our cops and kids. From this day forward, all deals are off. I am directing the Attorney General to notify all federal prosecutors that this nation has seen its last plea-bargain for violent firearms offenses. You use a gun, and you will do time. Third -- if you use an "assault" weapon -- and someone dies -- the only place you should expect mercy is from a Court beyond our jurisdiction. on Earth We are calling on Congress today to enact the steps necessary to implement the death penalty that became law last year -- and to newly designate the use of fully and semi- automatic weapons as "aggravating factors" for determining whether a sentence of death should be imposed. Fourth -- two months ago, at my direction, the Department of the Treasury suspended the importation of certain, so-called "assault" weapons -- under the existing law requiring that they be generally recognized as suitable or adaptable for sporting purposes. Treasury is continuing its examination to determine which -- if any -- of these weapons are acceptable under these standards. They continue to invite comments and testimony from all interested groups and individuals. At the conclusion of this three month study -- and after careful consideration -- we will permanently ban all imports that don't measure up to this standard. 7 We also call on American businesses to follow the lead of 566-71350017 ATF Industries -- which has voluntarily halted the production of assault weapons like the imports covered by the current ban. Now, perhaps the biggest challenge in combatting this problem was recently summed up in the U.S. News cover story on USNWR guns: "The key problem is the difficulty in drafting laws that 5-8-89 will separate assault weapons used in crime from semi-automatics 24 P. frequently used for target practice and sometimes for hunting." " There is substantial controversy and debate on this point, and there is simply much that we do not yet know. But one thing that we do know about the common characteristics of these "assault" weapons is that they invariably are equipped with unjustifiably large magazines. One of the best examples is the ATF AK-47 which comes with a 32 round magazine so-called "street-sweeper" a powerful shotgun with a built in X magazine that pumps off 12 explosive bursts without reloading. front And that is why -- fifth -- we stand on the steps of Congress and ask its support for legislation prohibiting the importation, manufacture, sale, or transfer of gun magazines of more than 10 rounds. The current debate was first sparked when an unstable gunman UPI in Stockton, California purchased an AK-47 over the counter -- 1-19-89 and used it to lay waste to an elementary school playground. us atty's Patrick Edward Purdy was born in November 1964, and was office rap arrested on his first weapons charge before his 15th birthday. sheet By the time of his fourth firearms arrest Purdy had finally OK see file turned 18, and with it chalked up his first adult conviction. 8 convicted of a It a felomy is outrageous that -- under the loopholes in current or juil, near served more federal law -- Purdy's purchase of that deadly AK-47 was entirely despite his police record. That's not right. buy ATF And therefore -- sixth -- our comprehensive legislative & package, which the Attorney General will transmit this week, also calls on Congress to close the Purdy loophole and others like it that allow deadly weapons to fall into deadly hands. Again, that's just common sense. Finally, no criminal should get out on the streets until and unless they are drug free. I ask that Congress enact my proposal to make drug-testing a mandantory condition before any criminal is released -- whether on bail or parole. But we need to do more than just enact new laws. In a recent movie about the L.A. gang wars, a woman shouts McNally encouragement to a cop on patrol, telling him: "You get them off the street." He answers: "Lady, we're trying." And the woman offers a four word solution: "You need more help." Believe me, we know it. You need more help. And I'm here today to tell you that we're prepared to match rhetoric with resources -- and call on the states to do the same. The second front of our new offensive calls for more troops and a new strategy on guns. I have directed the Attorney General and the Treasury Secretary, working together and with their colleagues in state and local enforcement, to launch our nation's first Dangerous Weapons Task Forces -- headquartered in seven 9 major cities facing acute violent crime -- to target and arrest America's most dangerous offenders. I am requesting funding for hiring 750 new federal agents -- 300 at the Bureau of Alcohol, Tobacco and Firearms, 300 at the FBI, and 150 Deputy U.S. Marshals, along with 75 new support staff. Many of these hirings will permit experienced firearms experts from all three agencies to promptly assume Task Force posts to combat violent crime. Pres. Doc. Modeled on the highly successful Drug Task Forces set up by 1982 10/14/82 President Reagan in 1983, the Dangerous Weapons Task Forces will be based on a concept of proven effectiveness -- the mobilization of federal, state and local law enforcement shock troops to get violent and dangerous criminals off our streets. Of course, arresting these thugs doesn't help if we don't have the muscle to prosecute each criminal to the fullest extent of the law. That's why the third front of this campaign calls 800 gamet for Congress to back up these new troops with 1,600 new federal OMB 800 staff US artomings Hale prosecutors -- the largest increase in our nation's history. admin. office 33-1020 see Now, there probably isn't a cop here who hasn't seen a case file where a dangerous felon -- properly arrested, fully prosecuted, and sentenced to the maximum -- walked out of jail early, sometimes years early, because state prisons are bursting at the seams. That's not right. Part of our common sense approach is a simple recognition that it doesn't do any good to provide new Task Forces, new Assistant U.S. Attorneys, and new laws with long-term penalties 10 -- if we don't have the prison cells to keep criminals where they belong. And so, as the fourth front in this comprehensive effort, I am calling on Congress to authorize an additional $1 billion -- over and above the $500 million already slated for 1990 -- for federal prison construction. By adding 26,000 new beds to the BJS 4/89 present rated capacity of 29,112 beds, the federal prison 000 capacity will be virtually doubled. her Inangural address The last time I stood on these steps -- only moments after X 1-20-89 becoming President -- I made a promise: "This scourge will stop." If the thugs are listening up at Riker's, or in the L.A. barrio, or right here in Anacostia, I have a final message for you. You started this war. But we are going to finish it. And you. Ladies and gentlemen, I offer my condolences for your fallen comrades. I salute your commitment and your courage. And as a citizen grateful for the protection you have provided for my family and my countrymen, I thank you and wish you Godspeed. And may God bless America. # # # (McNally/Simon) May 10, 1989 12:00 p.m. Draft Two (B:CRIME) PRESIDENTIAL REMARKS: PEACE OFFICERS MEMORIAL DAY U.S. CAPITOL -- WEST STEPS FRONT MONDAY, MAY 15, 1989 12:00 NOON in front Not since Lincoln has a President stood on the steps of the X Capitol and been just a few miles from the front line of a war. Certain sections, of certain cities -- including this one -- have been turned into combat zones by pockets of violent and well-armed drug lords no more capable of reform than rats. Never was the toll more clear -- the stakes more obvious -- than in the faces of the brave men and women -- the families -- gathered here on democracy's front porch today. Last fall a retired New York police lieutenant gave me badge Tim McBridenumber 14072 -- the badge his son wore the day he was gunned down by one such gang of cocaine cowards. Matthew Byrne asked me to 00 keep Eddie's badge as a "reminder of all the brave police No-21-88 88 officers who put their lives on the line for us every day." Tin Mc Bride Matt, your son's badge is kept in my desk at the Oval Office. During the debate on drug-related violence that has raged in this country the past several months, neither it nor what it represents has ever been far from my mind. I've listened to the many voices, the wasted and the wounded and the widowed. Some say we should give up. Others all but suggest we barricade the streets. But somewhere between self-pity and self- 2 destruction, there is a balanced course. Room for a measured response. A place for common sense. And no effective search for the solution to the problems we face can begin without a thoughtful look at what it is we face, and at the kind of people we are, the kind of values we hold, and the kind of nation we intend to bequeath to our children. First, the problem. We're here today to talk about violent crime -- and in particular -- the bloodshed that has been spurred by increasingly sophisticated guns in the hands of apparently amoral and incorrigible criminals. Usually, but not always, the deaths are tied to a cycle of drugs and dollars and dependency. More importantly, it is minority families, and also poor families, that are more likely to be victims of violent crime. In a society pledged to make opportunities equally available to all, this is grossly untenable. Whether in Watts or Westchester, safe streets are equally essential for harboring decent lives and decent opportunities for the children of the 90's. Let's not forget that the war on drugs is and remains a long-term effort -- a clear-eyed campaign based on common sense - - in which literacy, economic opportunity, drug education, treatment and other demand-side factors are as fundamental as law enforcement. The so-called "casual" users have to learn that when they're shooting up, they're shooting you. We won't end the drug trade overnight. We're in that battle for the duration. But here and now, we ought to be damned well willing to try to put an prompt end to the outbreak of gunfire 3 that has put police lives in jepordy and cloaked parts of our largest cities in a climate of fear. My generation well remembers what some believe was F.D.R.'s finest speech: The "Four Freedoms" address to a joint session of 1-6-41 Congress. The last, often forgotten, and arguably most see fundamental of President Roosevelt's freedoms was simply this: file freedom from fear. Our sworn duty to "insure domestic constation Tranquility" is as old as the republic itself, placed in the Constitution's preamble even * before the common defense and the see file general welfare. When we ask what kind of society the American people deserve -- and what kind of society we hope to pass on to our children -- it's clear that our goal must be a nation in which law abiding citizens are safe and feel safe. Fundamental to this duty is the notion that people must be held accountable for their actions. Most Americans are law abiding, and most believe that there is such a thing as right and wrong -- that we each carry within ourselves the capacity for evil -- and the freedom to choose instead to do good. We can all be glad that the failed policies of liberal leniency -- often blaming society or the victim -- seem to be fading from the debate. Society causes crime like wet sidewalks cause rain. But a return to a common sense approach to crime means that if we are going to affect people's behavior, we must have a criminal justice system in which there is an expectation that: -- If a crime is committed, you will be caught. 4 -- And if caught, you will be prosecuted. -- And if convicted, you will do time. For far too long, a privileged class of violent and repeat offenders have calculated that crime really does pay -- that our criminal justice system is a crapshoot where the risks are worth the rewards. Well, it's time we change the odds -- and up the stakes enormously. And I'll talk about that in a moment. The federal government has a special enforcement role, and in some areas, the primary role. But our job is principally a role of leadership and partnership with state and local counterparts, of providing technical assistance and sometimes cash where needed, and where possible. Nonetheless -- for constitutional and traditional reasons -- the primary responsibility for law enforcement always has and will continue to rest with state and local authorities. Unfortunately, nowhere is this sometimes grim duty more unambiguous than in the honor roll that will be read after my remarks are concluded: Of the 161 officers killed in the line of duty last year, 152 were state or local cops. You are the front line troops -- and your respective governments have an obligation to adopt tough legislation and provide the resources -- in police, prosecutors and prisons -- to fully back you up. On the matter of weapons, again, common sense has to play an important part in this discussion. The fact of the matter is, nearly every other household in this country has a gun. One US News world newsweekly estimates that the nation's private arsenal is large report 5-8-89 p.22 5 X enough to provide nearly every man, woman and child in the nation with a weapon. The guns are already out there. And the overwhelming majority of them are legitimately owned for legitimate purposes. Balanced against this legitimate gun ownership is the chilling fact that something like 80 percent of all firearms used in crime are stolen or otherwise unlawfully possessed. A ban on guns might make good headline material. But would it work? Well, remember there's a ban on drugs, too. Throughout our nation's history, the hard lesson we've learned is that criminals will get guns. At the trial of Eddie Byrne's executioners, there was Newsday testimony that the hit was ordered from prison to send a 3-17-89 "message" to the people behind the badge. One witness said the convicts wanted to see the attack on the TV news at Rikers Island. Well, keep those cameras rolling. I hope they have C-SPAN at Rikers. Because today we have a little message of our own. We're going to take back the streets. And we're going to do it by taking you off them. I am announcing today a comprehensive new package for combatting violent crime. It covers all four corners -- new laws to punish you, new cops to catch you, new prosecutors to slam you, and new jails to hold you. The first corner of this package -- news X laws -- starts with X the semi-automatic and so-called "assault" weapons that criminals 6 lately have taken as their gun of choice. Let me be very clear about our response: The right to bear arms is not a license to harm others. First, I am calling on Congress today to do for dangerous firearms what it has wisely done for dangerous drugs -- to double the mandatory minimum penalties for the use of a fully or semi- automatic weapon in crimes involving violence or drugs. The math is real simple. You use these weapons for crime -- you so much as have one on you during a crime -- and you will do an extra 10 years in federal prison. No probation. No parole. And it doesn't matter anymore whether you get a tough judge. The 10 years is automatic. Straight to jail. Do not pass "Go." Do not collect $200. The games are over. Secondly, it also doesn't matter anymore if you get a fancy lawyer or find an overworked prosecutor. From this day forward, all deals are off. I am directing the Attorney General to notify all federal prosecutors that this nation has seen its last plea- bargain for violent firearms offenses. You use a gun, and you will do time. Third -- if you use an "assault" weapon -- and someone dies -- the only place you should expect mercy is from a Court beyond our jurisdiction. Earth. We are calling on Congress today to enact the constitutionally-approved procedures necessary to implement the death penalty sanctions that became law last year -- and to include new line items specifically designating the use of fully 7 and semi-automatic weapons as "aggravating factors" for determining whether a sentence of death should be imposed. Fourth -- two months ago, at my direction, the Department of the Treasury suspended the importation of certain, so-called "assault" weapons -- under the existing law requiring that they be "generally recognized as particularly suitable for, or readily adaptable to, sporting purposes." Treasury is continuing its examination to determine which -- if any -- of these weapons are acceptable under these standards. They continue invite comments and testimony from all interested groups and individuals. At the conclusion of this three month study -- and after careful consideration -- we will permanently ban all imports that don't measure up to this standard. We also call on American businesses to follow the lead of Colt Industries -- which has voluntarily halted the production of assault weapons like the imports covered by the current ban. Now, perhaps the biggest challenge in combatting this us News problem was recently summed up in the U.S. News cover story on 4 World Report guns: "The key problem is the difficulty in drafting laws that 5-8-89 ,,24 will separate assault weapons used in crime from semi-automatics frequently used for target practice and sometimes for hunting." There is substantial controversy and debate on this point, and there is simply much that we do not yet know. But one thing that we do know about the common characteristics of these "assault" weapons is that they invariably are equipped with unpardonably large magazines. One of the best examples is the 8 so-called "street-sweeper" -- a powerful shotgun with a built in magazine that pumps off 12 explosive bursts without reloading. front And that is why -- sixth -- we stand on the steps of Congress and ask its support for legislation prohibiting the importation, manufacture, sale, or transfer of gun magazines of more than 10 rounds. UPI The current debate was first sparked when an unstable gunman 1/19/89 in Stockton, Califòrnia purchased an AK-47 over the counter -- and used it to lay waste to an elementary school playground. NYT 1/20/89 Patrick Edward Purdy was born in November 1964, and was U.S. Attomovarrested\ on his first weapons charge in 1979, before his 15th office X sheet birthday. Three months after he turned 18 -- but still six years rap X file) before he took the lives of five innocent children -- Purdy (see chalked up his first adult firearms conviction. Now, to begin with, Purdy is the classic case of revolving door justice -- a record of eight arrests in five years, for weapons, drugs and other violent offenses. And we renew our urgings for California, and all the states, to follow our new federal model adopt and enforce tough, mandatory penalties for firearms offenses. We just can't plea bargain away the lives of innocent school kids. But just as outrageous -- under the loopholes in current federal law -- Purdy's purchase of that deadly AK-47 was entirely legal despite his police record. That's not right. L.A. County Sherriff Sherman Block recommended to Senator Pete Wilson/that we close another loophole. Last year's drug law 9 made sure that especially violent offenses by juvenile thugs get counted under the tough Armed Career Criminal sentences. Given what we've learned about the vicious new drug gangs in L.A. and D.C., "serious drug offenses" must be counted, too. And therefore -- sixth -- our comprehensive legislative package, which the Attorney General will transmit this week, also calls on Congress to close the Purdy loophole and others like it that allow deadly weapons to fall into deadly hands. Again, that's just common sense. Seventh -- no criminal should be released to the streets until and unless they are drug free. I ask that Congress enact my proposal to make drug-testing a mandantory condition before any criminal gets out -- whether on bail or parole. In the movie "Colors," a woman shouts encouragement to a cop patrolling the gang wars in L.A., telling him: "You get them off the street.' " He answers: "Lady, we're trying." And the woman offers a four word solution: "You need more help." Believe me, we know it. You need more help. And I'm here today to tell you that we're prepared to match rhetoric with resources -- and call on the states to do the same. The second corner of our program is our commitment to new federal resources. Working together, the Attorney General and the Treasury Secretary will launch our nation's first Dangerous Weapons Task Forces -- headquartered in seven major cities facing acute violent crime -- -- to target and arrest America's most dangerous offenders. 10 I am requesting funding for hiring 750 new federal agents -- 300 at the Bureau of Alcohol, Tobacco and Firearms, 300 at the FBI, and 150 Deputy U.S. Marshals -- which, along with 75 new support staff, will permit experienced firearms experts from all three agencies to promptly assume Task Force posts to combat violent crime. Modeled on the highly successful Drug Task Forces set up by President Reagan in 1983, the Dangerous Weapons Task Forces will be based on a concept of proven effectiveness -- the mobilization of federal, state and local law enforcement shock troops to get violent and dangerous criminals off our streets. Of course, arresting these thugs doesn't help if we don't have the muscle to prosecute each criminal to the fullest extent of the law. That's why the third corner of my plan calls for Congress to back up these new troops with 1,600 new federal prosecutors -- the largest increase in our nation's history. Now, there probably isn't a cop here who hasn't seen a case where a dangerous felon -- properly arrested, fully prosecuted, and sentenced to the maximum -- walked out of jail early, sometimes years early, because state prisons are bursting at the seams. That's not right. Part of our common sense approach is a simple recognition that it doesn't do any good to provide new Task Forces, new Assistant U.S. Attorneys, and new laws with long-term penalties -- if we don't have the prison cells to hold crooks in the end. 11 And so, as the fourth corner of this comprehensive proposal, I am calling on Congress to authorize an additional $1 billion -- over and above the $500 million already slated for 1990 -- for federal prison construction. By adding 26,000 new beds to the Buean 29,112 112 of Instopresent rated capacity of 30,951 beds, the federal prison X stats. capacity will be virtually doubled. 4/84 here The last time I stood on these steps -- only moments after X becoming President -- I made a promise: "This scourge will stop. " If they're still listening up at Riker's, I have a final message. It was you who started the drug war. We are going to finish it. We are going to finish you. We are the United States. And you will lose this battle. Ladies and gentlemen, I salute you as your commander in chief. And as a citizen grateful for the protection you have provided for my family and my countrymen, I thank you and wish you Godspeed. And God bless the America you serve so bravely. # # # STATE U.S. Department of Justice MACH Attorney none Bob Simon / of California ding 916/551-2700 T Lumorhia 95814 TELECOPY TRANSMITTAL REQUEST DATE: hay 9, 1989 TO: Ms. Grace Mastalli FROM: Richard H. Jenkins First Asst. U.S. attorney U.S. Attorney's Office, Eastern District of California 650 Capitol Mall, Room 3305 Sacramento, California 95814 PHONE: FTS 460-2700 or Commercial (916) 551-2700 Telecopier Phone: FTS 460-2736 TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE) WE ARE TRANSMITTING FROM A PANAFAX MACHINE. SPECIFIC INSTRUCTIONS: FROM: CRT = 809 * CLETS DATABASE RESPONSE * DATE 05/09/89 CLETS MNE a MSA INE 6.28.32 PAGE 01 OF 02 ** MESSAGE TEXT ** 4MSA15525.IH RE QHY.CAUSMO2S0.06571198.US ATTY DATE : 05-09-89 TIME: 6:27:00 RESTRICTED-DO NOT USE FOR EMP OYMENT, LICENSING OR CERTIFICAT ION PURPOS S ATTN:US ATTY REQUEST KUELPER III CALIFORNIA ONLY RECORD CII/A06571198 DOB/11-10-61 SEX/M RAC/W 1461/507 WGT/130 EYE/BLU CHAIVELN PDB/CA NAM/01 WEST EDDIE 02 PURDY PATRICK EDWARD 03 PURDY PAT 04 WEST EDDIE PURDY FPC HENRY 22 L1 T MO 11 M 1 T MO 13 were MNU/FBI-320243W10 DOB-11-10-62 10-10-64 11-10-64 CDL-U1083561 S0C-544500554 534528786 **** 03-31-79 CASOPLACERVILLE NONE 01 12020 PC-POSSESS, MFG/SELL DANGEROUS WEAPON 08-03-79 DISPO DISMISSED/FOJ/INSUFFICIENT EVIDENCE **** 07-27-79 CASOPLACERVILLE J45030 meathons 01:518 PC-EXTORTION Tharge 02:12020(A) PC-POSSESS/MFG/SELL DANGEROUS WEAPON 08-14-79 CAJVEL DORADO 0 01 516 PC-EXTORTION DISPO : MADE WARD OF COURT 02 12020 PC-POSSESS/MFG/SELL DANGEROUS WEAPON DISPO MADE WARD OF COURT **** 08-27-80 CAPDLOS ANGELES 1784533-W 5818488 01 647(B) PC-DISORDERL Y CONDUCT PROSTITUTION 09-15-80 CAMCLOS ANGELES METRO 31165273 01 647(B) PC-DISORDERL CONDUCT : PROSTITUTION DISPO BENCH WARRANT ISSUED and **** 08-22-82 CASOLOS ANGELES charge 6767248-820819609 01 11358 H&S-PLANT CULTR TC ARIJUANA/HASH 02 11359 H&S-POSSESS VART UANA/HASHISH FOR SALE 08-22-82 DISPO PROS REJ-LACK #); CORPUS **** 02-18-83 CASOLOS ANGE ES 000307-830169209 01 (2020(A) PC-POSSES DANGERBUS JELPON FROM CRT = 809 * CLETS DATABASE RESPONSE * DA 15/09/89 CLETS MNE = MSA 28,32 PAGE, 02 OF 02 ** MESSAGE TEXT ** 02-22-83 CAMCBEVERLY HILLS M73235 heapons 12020 PC-POSSESS/MFG/SELL DANGEROUS WEAPON *DISPO CONVICTED-PROB/ JAIL CONV STATUS : MISDEMEANOR **** 05-19-83 CASOLOS ANGELES 7117995-830482909 that 01 496.1 PC-RECEIVE/ETC KNOWN STOLEN PROPERTY 05-25-83 DISPO REL/DET ONLY/ASCERT EVIDENCE USUFF **** 10-28-84 CASOWOODLAND divorge 124645 01 ATTEMPTED 211 PC-ROBBERY 02 182 PC-CRIMINAL CONSPIRACY 12-04-84 CAMCBRODERICK 1-09057 01 ATTEMPTED 211 PC-ROBBERY viobne. conviction DISPO : DISMISSED 02 : 32 PC-ACCESSORY *DISPO : CONVICTED-PROB/JAIL CONV STATUS : MISDEMEANOR PER 17PC * * * END OF RECORD choulderf have feen forgiwt THE WHITE HOUSE WASHINGTON May 9, 1989 INFORMATION MEMORANDUM FOR THE PRESIDENT FROM: DAVID DEMAREST SUBJECT: Outline for Peace Officers Memorial Day Speech On Monday, May 15, you will give the main address at the 8th Annual Peace Officers Memorial Day, which honors all law enforcement officers killed in the line of duty in 1988. The event will take place on the West Front of the U.S. Capitol. The audience of several thousand will consist of relatives of the fallen officers and police officers from around the country. In this speech, you will announce your violent crime initiative. Below is a proposal on what points should be made in the speech. --- Demonstrate personal concern and support for police officers and their families. -- Emphasize that there are localized pockets of extremely violent crime which must be stopped, but that there is not a "crime crisis" in every neighborhood in America. Overall, the crime rate is down, and federal laws have been getting tougher. --- While law enforcement is primarily a local responsibility, federal leadership is necessary, and with some functions, crucial. : Society does not cause crime; society must be protected from crime. Violent criminals must be identified, prosecuted, and separated from society. -- Our guiding philosophy will be one of "common sense. " We are proposing an integrated package that improves the criminal justice system at every step: more law enforcement agents, more prosecutors, streamlining courtroom procedures, longer sentences, and more prison space. Page 2 We must balance the legitimate ownership of guns for legitimate purposes with limiting their availability to criminals. We will double the mandatory jail time for the use of a semi-automatic weapon used during a crime. We will not plea-bargain violent firearm offenses. And we will give the death penalty if someone dies from the use of an illegal semi-automatic weapon. Importation of semi-automatic weapons will be limited to only those weapons that have a legitimate sporting purpose. Domestic manufacturers would be banned from producing copies of any weapon excluded from import. And large gun magazines will be restricted. The legislation we propose would have prevented Stockton killer Patrick Purdy from legally purchasing a semi- automatic AKS-47. Federal-State-local Dangerous Weapons Task Forces will be set up to catch gun-toting criminals. 750 new federal agents will be hired, and 1600 new federal prosecutors will prosecute firearms violations to the fullest extent of the law. Federal prison capacity will be almost doubled by a commitment of $1 billion for new construction. Violent criminals should not escape long sentences for lack of prison space. Violent criminals must be sent a message. They must no longer be allowed to think that "crime pays." We intend to commit the resources to catch them, convict them, and lock them up. This violent crime initiative is a comprehensive attack on the problem. America's criminal justice system is only as strong as its weakest link. This initiative strengthens every link in the chain, from apprehension through sentencing. DRAFT (McNally/Simon) May 9, 1989 4:00 p.m. Draft One (B:CRIME) PRESIDENTIAL REMARKS: PEACE OFFICERS MEMORIAL DAY U.S. CAPITOL -- WEST STEPS MONDAY, MAY 15, 1989 12:00 NOON Not since Lincoln has a President stood on the steps of the U.S. Capitol and been just a few miles from the front line of a war. Certain sections, of certain cities -- including this one -- have been turned into combat zones by pockets of violent and well-armed vermin no more capable of reform than rats. Never was the toll more clear -- the stakes more obvious -- than in the faces of the brave men and women -- the families -- gathered here on democracy's front porch today. Last October a retired New York police lieutenant gave me McBude Mc Time badge number 14072 the badge his son wore the day he was gunned down by a convicted cabal of cocaine cowards. Matthew Byrne asked me to keep Eddie's badge as a "reminder of all the brave 4 police officers who put their lives on the line for us every day." Matt, your son's badge is kept in my desk at the Oval Office every day. During the debate on violent crime that has raged in this country the past several months, neither it nor what it represents has ever been far from my mind. I've listened to the DRAFT 2 many voices, the mighty and the meek, the wounded and the widowed and the worried. Some say we should give up. Others say we should go ballistic. But somewhere between self-pity and self-destruction [[alt.: "somewhere between surrender and supernova"]], there is a balanced course. Room for a measured response. A place for common sense. And no effective search for the solution to the problems we face can begin without a thoughtful look at the problems themselves, and at the kind of people we are, the kind of values we hold, and the kind of nation we intend to bequeath to our children. First, the problem. We're here today to talk about violent crime -- and in particular -- the violence that has been spurred by increasingly sophisticated weapons in the hands of apparently amoral and incorrigible criminals. Let's get a few things straight. First of all, among some misguided observers the relevance of race in this discussion has been exaggerated beyond abuse. The fact is, most violent crime is committed by whites against whites, by blacks against blacks -- or, for that matter, by Asian or Hispanic Americans against Asian or Hispanic Americans. More importantly, it is minority families, and also poor families, that are more likely to be victims of violent crime. In a society pledged to make opportunities equally available to all, this is grossly untenable. Whether in Watts or Westchester, B DRAFT 3 safe streets are equally essential for harboring decent lives and decent opportunities for the children of the 90's. Now, as for the demagogues who say nothing has been done about crime: You know better, and I know better. The fact is that -- at times against terrific odds -- throughout the 80's our federal law enforcement efforts have been on the right track. Every election year -- in '84, '86 and '88 -- Congress has heard the voice of the people and voted increasingly serious penalties for serious drug offenses. Today the full array of federal penalties is staggeringly tough and as yet unmatched by any state -- the complete elimination of parole, mandatory minimum terms of 10 and 20 years, actual life in prison, the death penalty for killers of cops and kids. Against the backdrop of sensational gang violence in D.C. and L.A., we are too easy to forget that crime is down in America. After skyrocketing by over a million crimes from 1977 to 1981, it fell by over seven million in 1986. In 1981, 30 percent of all households were touched by crime. By 1987, this declined to almost 24 percent. Two and a half times as many drug offenders were charged, convicted, and imprisoned in 1987, as compared to 1980. We've increased our conviction rate from 75 percent to 84 percent -- and the sentences are 44 percent longer than they were. The bottom line: The murder rate is down 19 percent, and the robbery rate is down by 30 percent. All in all, two million fewer households were hit by crime in 1987 than in 1980. DRAFT 4 Now, problems remain. Loopholes have gone unattended. And the depraved abuse of certain firearms is a new problem that demands d swift and severe response. But the war on drugs is and remains a long-term effort -- a clear-eyed campaign based on common sense -- in which literacy, economic opportunity, drug education, treatment and other demand-side factors are accepted as being as fundamental as law enforcement. We can't end the drug trade overnight. We're in that battle for the duration. But here and now, we ought to be damned well willing to try to put an prompt end to the explosive violence -- often but not always related to drugs -- that has recently erupted in parts of our largest cities. That this is our immediate obligation there can be no doubt. Plain and simple, it is violent crime that creates the climate of fear in our cities. Even leaving aside the toll of crime itself, the wages of fear add up to an incalculable cost to the people we're sworn to protect -- in lost opportunities, lost moments of recreation, even something as basic and as priceless as lost hours of sleep. My generation will forever remember what some believe was F.D.R.'s finest speech: The "Four Freedoms" address to a joint session of Congress. The last, often forgotten, and arguably most fundamental of President Roosevelt's freedoms was simply this: freedom from fear. A quarter century later this basic tenant was echoed by my fellow Texan Lyndon Johnson, who declared: "Public order is the first business of government." DRAFT 5 Now, some will observe that L.B.J. was in fact paraphrasing Alexander Hamilton, our first Secretary of the Treasury, who was himself borrowing from the great Roman lawyer, Cicero. But the point is this: Our duty to "insure domestic Tranquility" is as old as the republic itself, placed in the Constitution's preamble even before provisions concerning common defense and the general welfare, and underscores an obligation of government that dates back to the very foundations of democracy. When we ask what kind of society the American people deserve to have -- and what kind of society we hope to pass on to our children -- it's clear that our goal must be a nation in which law abiding citizens need not fear. Our duty -- our first duty -- is to protect people's safety. And paramount importance must be accorded to the protection of innocent life. Fundamental to this duty is the notion that people must be held accountable for the consequences of their actions. This is fundamental because most Americans are law abiding, and because most Americans believe that there is such a thing as right and wrong -- that we each carry within ourselves the capacity for evil -- and the freedom to choose instead to do good. We can all be glad that the failed policies of liberal leniency -- often blaming society or the victim -- seem to be fading from the debate. Society causes crime like wet sidewalks cause rain. DRAFT 6 But a return to a common sense approach to crime means that if we are going to affect people's behavior, we must have a criminal justice system in which there is an expectation that: -- If a crime is committed you will be caught. -- And if caught you will be prosecuted. -- And if convicted you will do time. For far too long, a privileged class of violent and repeat offenders have calculated that crime really does pay -- that our criminal justice system is a crapshoot where the risks are worth the rewards. Well, it's time we change the odds -- and up the stakes enormously. And I'll talk about that in a moment. But before we go into the nuts and bolts, let me emphasize another principle that must guide all enforcement efforts. For constitutional and traditional reasons, the primary responsibility for law enforcement always has and will continue to rest with state and local authorities. Unfortunately, nowhere is this sometimes grim duty more unambiguous than in the honor roll that will be read after my remarks are concluded: Of 161 Suzie 888-2264 officers killed in the line of duty last year, all but 9 were state or local cops. You are the front line troops -- and your respective governments have an obligation to enact tough legislation and provide the resources -- in police, prosecutors and prisons -- to fully back you up. Of course, the federal government has a special and important role as well. It is principally a role of leadership, of partnership with state and local counterparts, of providing 7 technical assistance and cash where needed, and where possible. But in some areas -- such as drug interdiction and on the issues of violent crime we're addressing today the primary responsibility must begin with us. Again, common sense has to play an important part in this discussion. The fact of the matter is, nearly every other household in this country has a gun. One newsweekly estimates USN ? that the nation private arsenal is large enough to provide 5/8/89 nearly every man, woman and child in the nation with a weapon. The guns are already out there. And the overwhelming majority of them are legitimately owned for legitimate purposes. Balanced against this legitimate gun ownership is the chilling fact that something like 80 percent of all firearms used in crime are stolen or otherwise unlawfully possessed. Throughout our nation's history, the hard lesson we've learned is that criminals will get guns. Now, there's been a good deal of discussion about what we're going to do about semi-automatic and so-called "assault" weapons that end up in the hands of criminals. Let me be very clear about our response: The right to bear arms is not a license to harm others. First, I am calling on Congress today to do for dangerous firearms what it has already done for dangerous drugs -- to double the mandatory minimum penalties for the use of a fully or semi-automatic weapon in a crime involving violence or drugs. 8 That means if you are convicted of using such a weapon in such a crime -- no matter what your other penalties -- you will also do an additional 10 years in federal prison with no probation and no parole. Second, it does little good to have tough sentences on the books if those books are closed when it comes time to seek indictments. This Administration won't bargain with gun-toting terrorists overseas -- and we won't bargain with well-armed criminals at home. Therefore, I am today instructing the Attorney General to direct that federal prosecutors are not to plea-bargain away violent firearms offenses. Criminals who carry guns -- and who use them -- must know that they will do time. Third -- if you use one of these weapons -- and someone dies as a result -- you are going to face the ultimate sanction. We are calling on Congress today to enact the constitutionally-required procedures necessary to implement the death penalty legislation signed into law last year -- and to include new line items specifically designating the use of fully and semi-automatic weapons as "aggravating factors" for determining whether a sentence of death should be imposed. Fourth -- two months ago, at my direction, the Department of the Treasury suspended the importation of certain, so-called "assault" weapons -- under the existing law requiring that they be "generally recognized as particularly suitable for, or readily adaptable to, sporting purposes." 9 Treasury is continuing its examination to determine which -- if any -- of these weapons are consistent with these standards. They have invited comments and testimony from all interested groups and individuals. At the conclusion of this three month study -- and after careful consideration -- we will permanently ban all imports that don't measure up to this standard. Fifth -- I am requesting that Congress enact a simple amendment of the existing 1968 law that would prohibit any domestic manufacturer from evading the permanent import ban by manufacturing any such banned weapon here in the United States. We also call on American businesses to follow the lead of Colt Industries -- which has voluntarily halted the production of assault weapons similar to the imports covered by the current ban. Now, perhaps the biggest challenge in combatting this problem was recently summed up in the cover story on guns in U.S. 5/8/89 News and World Report: "The key problem is the difficulty in drafting laws that will separate assault weapons used in crime from semi-automatics frequently used for target practice and sometimes for hunting." There is substantial controversy and debate on this point, and there is simply much that we do not yet know. But one thing that we do know about the common characteristics of these "assault" weapons is that they invariably are equipped with unpardonably large magazines. One of the best examples is the DRAIT 10 so-called "street-sweeper" -- a powerful shotgun that can pump off 12 explosive bursts without reloading. And that is why sixth we stand on the steps of Congress and ask its support for legislation prohibiting the importation, manufacture, sale, or transfer of gun magazines of more than 10 rounds. No doubt everyone listening today is well aware that the current debate was first triggered when an unstable gunman in Stockton, California purchased an AK-47 over the counter -- and used it to lay waste to an elementary school playground. NYT 1-20-89 Patrick Edward Purdy was born in November 1964, and was arrested on his first weapons charge in 1979, before his 15th birthday. Three months after he turned 18 -- but still six years before he took the lives of five innocent children -- Purdy chalked up his first adult conviction -- another firearms violation. Now, to begin with, Purdy is the classic case of revolving door justice -- a record of eight arrests in five years, for weapons, drugs and other violent offenses -- and not a single day served in jail. And we renew our urgings for California, and all the states, to adopt and enforce tough, mandatory penalties for firearms offenses. We can't plea bargain away the lives of innocent school kids. But even more outrageous than his record, is the fact that, under the loopholes in current federal law, Purdy's purchase of that imported AK-47 was entirely legal. 11 DRAFT And therefore -- seventh -- our comprehensive legislative package, which the Attorney General will transmit to Congress later this week, also calls on Congress to close this and other loopholes that allow deadly weapons to fall into deadly hands. That's again, just common sense. In the movie "Colors," a woman shouts encouragement to a cop patrolling the gang wars in L.A., telling him: "You get them off the street.' He answers: "Lady, we're trying." And the woman offers a four word solution: "You need more help." Believe me, we know it. You need more help. And I'm here today to tell you that we're prepared to match rhetoric with resources -- and call on the states to do the same. The eighth point of our program is our commitment to new federal resources. Working together, the Attorney General and the Treasury Secretary will launch our nation's first Dangerous Weapons Task Forces -- headquartered in seven major cities facing acute violent crime -- to target and arrest America's most dangerous offenders. I am requesting funding for hiring 750 new federal agents -- 300 at the Bureau of Alcohol, Tobacco and Firearms, 300 at the FBI, and 150 Deputy U.S. Marshals -- which, along with 75 new support staff, will permit experienced firearms experts from all three agencies to promptly assume Task Force posts to combat violent crime. Modeled on the highly successful Drug Task Forces set up by President Reagan in 1983, the Dangerous Weapons Task Forces will 12 be based on a proven concept -- the mobilization of federal, state and local law enforcement experts to get violent and dangerous criminals off our streets. [ [Inserts: Ninth: Prisons expansion. Tenth: Finality of judgement (i.e., habeas reform, drug-testing, etc.) Closing: No weak links. Send a message. 1] THE white HOUSE washington 5/11/89 source: Exec. office of US atty's 633-1020 asst. US attorneys 1976-1571 77 1704 78 1704 79 1704 80 1971 81 1978 82 1963 83 2075 84 2307 85 2511 86 2561 87 2627 88 2627 89 3029 93 US attorneys TREDING MERCHOTSPOTS U.S.News MAY 8,1989 $1.95 GUNS AMERICANS AND FIREARMS: THE ATTRACTION, THE DEBATE 19 02239 0 140066 U.S.NEWS UNDAL Names: James and Sarah regulating concealed wea Brady emerged in, of all places Ages: 48, 47 South. The white majority Occupations: Vice chairman, spite its own devotion to { National Organization on was scared enough by Γ Disability; Chairwoman, ownership of guns among Handgun Control, Inc. slaves to impose stiff lic A handgun changed the fees, a regulation analogo Bradys' lives forever. As White poll taxes. The South was House press secretary, James alone in its fears. "As c Brady was with Ronald filled with unassimil Reagan in 1981 when John masses of immigrants f Hinckley shot the President, Southern and Eastern striking Brady in the rope," wrote Kennett and forehead. A brain injury left derson, "the swarthy, hir him disabled. In 1985, amid and wild-eyed anarchist an NRA drive to weaken the came the new shibboleth.' 1968 Gun Control Act, Sarah Brady, daughter of an FBI A political upheaval agent, supported gun control. That scare has political T Ever since, she has advocated nance today, especially as seven-day waiting periods for country is inundated with all handgun purchases-a ports of runaway drug trafl measure now known as the ing. The result, says polit Brady Bill. NRA opposition analyst Kevin Phillips, i has blocked the proposal, but "coalescing into a hi the Bradys still hope the powered new 'crime'-iss reform will come. complex rapidly gaining portance." According to P wrote historians Lee Kennett and James La- lips, the public's fear of drugs could turn Verne Anderson in The Gun in America, was ASSAULT-RIFLE DEBATE control into a potent crime issue among vot "not that government will tyrannize, but that it minimizing the electoral benefits conservati The hottest gun issue now is will fail to protect." The absence, not the have always reaped from opposing any how to control semiautomatic excess, of government control became the most controls. Liberal gun opponents are still vulr assault rifles without limiting compelling practical reason to own guns. able, says Phillips, because their usual opp hunters' favorite weapons. The nation has never completely lost its tion to the death penalty is also wrapped i frontier Zeitgeist. "Every Walter Mitty has the public's outrage about rising crime. But had his moment when he is Gary Cooper, foresees that the drug menace could reshu stalking the streets in 'High Noon' with his gun political alignments as some moderates a at the ready," wrote the late historian Richard conservatives turn to supporting gun cont Hofstadter in a 1970 antigun essay. Beyond the This could have an impact on key gubernato: romance, the Wild West's most lasting legacy races in the next two years in places 1 is the suspicion that when it comes to protec- Virginia and New York, where some can Automatic assault rifle. This tion, one can count on no one else. James Jones dates have already adjusted their positions AK-47 fires 30 rounds with a said it well in his novel, The Pistol: "The world address these concerns. trigger squeeze. Only the was rocketing to hell in a bucket, but if he The result may well be a patchwork quilt military, police and licensed could only hold on to his pistol, remain in laws with only marginal effect in keeping we: citizens can use it. possession of the promise of salvation its beau- ons out of criminal hands. The key problem Semiautomatic AK-47s look tiful blued-steel bullet-charged weight offered the difficulty in drafting laws that will separ the same. him, he would be saved." assault weapons used in crime from semiau Some police experts believe the greatest matics frequently used for target practice a growth in gun ownership in recent years has sometimes for hunting. Pro-gun forces ins been among people who want guns for self- that gun critics base their objections on 1 protection. That fact underscores that they are menacing appearance of firearms. "They increasingly an urban phenomenon, even really talking about banning something becau though the greatest attraction for sporting it's ugly," says Neal Knox, a former NF Semiautomatic hunting rifle. purposes continues in the South and the West, executive. Even defining the much malign This rifle fires one shot per where rural roots remain strongest. Indeed, Saturday night special has been elusive for t trigger pull, the same according to data cited as credible by both Maryland panel that is supposed to impleme mechanical function used in sides, fewer than half the handguns in circula- a ban on such weapons that voters passed la semiautomatic assault rifles. tion are primarily used for recreation. And year. Despite the optimism surrounding wa Gun advocates argue a ban on women are increasingly buying guns for pro- ing-period legislation, no one can warrant th semiautomatics would affect tection. Between 1983 and 1986, there was a 53 background checks will slow the acquisition their rifles. percent increase in female gun owners, accord- guns by criminals, who tend to get their wea ing to a Gallup poll for Smith & Wesson. ons illegally anyway. Not until the turn of this century, as the Still, the recent debate has made a diffe USN&WR-Basic data: National Rifle frontier receded, did reformers take organized ence, and a clearer middle course in handlii Association, 1989 steps to control guns. The earliest legislation the gun issue is emerging. Its basic tene 24 U.S.NEWS & WORLD REPORT, May 8, 19 U.S.NEWS against government tyranny. "I never gave consideration to owning an AK-47, but 1 now because of what those nuts in Washing are doing," says George Grahovac of Spr DOGS field, Ohio. Grahovac cannot help remem ing his adolescence in Yugoslavia, when. says, Nazis massacred his relatives after COI cating all private weapons. For men in part lar, guns evoke a near mystical return to t Cameras youths, swathed in memories of standing alc side their fathers in dawn-lighted blinds. they recall traipses down dirt roads in long- haunts with a bunch of pals, carting a Daisy rifle or that first .22 on an idyllic Boy's summer afternoon. TAK "Hitting America in the teeth" The abundance of guns is nothing new 1624 survey at Jamestown, Va., counte firearm for each colonist. Many a critic of ownership has pondered why the Uni States, almost alone among industrial natic has persisted in maintaining a gun culti The late sociologist Herman Kahn provide partial answer in 1973 while criticizing a p to ban schoolchildren from shooting on I ranges. "You were hitting America in Name: Gus Koutroulakis teeth," he said. "You think it's making ca suggests that there is no single solution to Age: 59 minor change, just taking the gun away. the nation's "gun problem." A Harris Survey Occupation: Restaurant owner right at the center of the culture." released last month showed that nearly every That culture arose from a mingling of Above the lunchtime din at other household in the country has a gun. practical and the philosophical reasons W Pete's Famous Hot Dogs, a Purdy's was apparently a popular choice. The Americans have been drawn to guns. ] popular Birmingham, Ala., federal Bureau of Alcohol, Tobacco and Fire- practical reasons are simple: Pioneers neec eatery, Koutroulakis talks arms estimates Americans own 2 million to 3 to eat and to protect themselves from the wi about being robbed nine years million semiautomatic assault weapons. In the The philosophical reason relates to the pol ago. "It was 10 minutes after last 18 months alone, BATF has received ap- cal tyranny that immigrants, particularly the 10 on December 22.' plications to import nearly a million assault from Europe, had suffered when governme Koutroulakis was not carrying weapons. Accurate statistics about the abso- limited access to weapons. Those fears bre his .32-caliber pistol that lute number of guns are as hard to come by as long-lived political creed, bordering today night. While he was outside, a agreement about what to do with them; but theology among some followers, in favor robber entered his restaurant, recent estimates show that 70 million Ameri- popular access to arms as a counter to tyranı held a gun to a woman's head cans own approximately 140 million rifles and The U.S. Constitution's Second Amer and shot a man in the neck. 60 million handguns. In other words, the na- ment reads, "A well regulated Militia, bei Koutroulakis does not worry tion's private arsenal is big enough to supply necessary to the security of a free State, t that having a gun could do one gun to nearly every man, woman and right of the people to keep and bear Arn more harm than good. For child in the country. shall not be infringed." The NRA says th him, the safer route is to be Americans own guns for manifold reasons. means government has no power to conti armed. "That gun is the Hunters like Tom Hudson, an electrical engi- weapons, while gun opponents argue it relat equalizer, he says. "You got neer in Phoenix, Ariz., view their guns as a way only to the right of states to maintain militi: a lot of nuts out here, man. to escape the "stoplight-and-concrete jungle." A complete reading of court interpretatio You don't know what's going Target shooters emphasize the calmness, the raises questions about both approaches. Ev to happen. He supports the discipline, the self-control involved in shooting. the Supreme Court has not touched the que NRA wholeheartedly, Devotees of much reviled assault rifles are tion in 50 years, and neither gun-control a although, like the vast drawn to the technology and the brute impact vocates nor their opponents can take mu majority of gun owners, he is of these weapons. Collectors see beauty and comfort from the 1939 ruling. In that de not a member. "No one ever craftsmanship. Their fascination represents sion, the Court upheld a control on sawed- asked me to join, he nothing more menacing, they profess, than an shotguns because they were not ordinary mi explains. He wants to have the antique-car buff's or a computer jock's mild tary equipment explicitly protected by tl maximum firepower to halt obsessions. The millions of Americans who Second Amendment. That kind of reasonin the next robber, which means keep guns for self-protection are buying talis- in the current debate, might make skeet gui he wants to buy an M-1 rifle. mans they hope will ward off a seeming epidem- more controllable than AK-47s. "I know you can stop ic of evil spirits. "I don't want to be a hero, but I Whatever the Constitution's framers real somebody with that." want to be a victim even less," says Derek Singh, a Brooklyn businessman who believes he meant, America's peculiar frontier experien fueled its attachment to guns. There, in lo saved his life six years ago when he scared off cabins and isolated farmhouses, the separa attackers with the 38-caliber handgun he car- practical and philosophical reasons for Amer ries. Some gun owners see their weapons as foils ca's gun devotion merged. "The ultimate fear 22 U.S.NEWS & WORLD REPORT, May 8, 19 WHY AMERICANS OWN FIREARMS (cont.) 12 LEADING CAUSES OF DEATH IN U.S. COMPARISON OF ROBBERY AND HOMICIDE FIREARMS FACTS: GENERAL RATES BETWEEN SELECTED U.S. CITIES NUMBER OF Primary Reasons Own/Use Handguns: % of Owners, Based on National Center for Health Statistics WITH RESTRICTIVE AND NONRESTRICTIVE :Approx. 200 million firearms FIREARMS LAWS/ENFORCEMENT 60-85 million handguns Projected Number of Americans (1987, latest official estimates) Total GUNS IN U.S. Based on 1987 F.B.I. Unitorm Crime Reports GUN OWNERS (30-35 million owners of 65,000,000 handguns) ALL CAUSES 2,127,000 60-65 million, 35 million No gun law, in any city, state, or nation, has over reduced HUNTING: 10%; 3,500,000 Americans Heart Diseases 762,820 violent crime, or slowed its rate of growth, compared to IN U.S. own handguns Cancer (mailignant neoplasms) 477,190 similar jurisdictions without such laws. Indeed, most FIREARMS 11% of firearms owners PROTECTION: 58%; 21,000,000 Strokes (cerebrovascular diseases) 149,220 such laws are defended with citations of the number of USED FOR 13% of handgun owners Used Gun For ACCIDENTS (and adverse effects) 94,840 persons denied lawiul access to handguns, white crime PROTECTION Protection: 13%; 4,600,000 Motor Vehicle" 45,901 trends are Ignored. With a virtual handgun ban, enforced CRIMINAL :Less than 0.2% of firearms TARGET Falls 12,001 with federal aid, violent crime 1058 In Washington, D.C., MISUSE OF Less than 0.4% of SHOOTING: 18%; 8,300,000 . Polsoning (solld, liquid, gas)" 5,170 over twice as fast (48% va. 22%, 1976-1982) as the rest of FIREARMS handguns 14%; 5,000,000 Fire and Flames' 4,938 the nation, until adopting NRA-backed mandatory penal- COLLECTING: YEARLY ingestion)* 4,453 ty, since which robbery has halved, although the HUNTING AND CONSERVATION FACTS: Drowning 4,407 homicide rate at 26.9 per 100,000 in 1975 has continued Over 99.8% of U.S. firearms and 99.6% of U.S. handguns The Sportsmen's Contribution Other Transportation" 3,348 to rise reaching 60 in 1988. Chicago's (1962-1987) violent Will not be involved in criminal activity in any given year. Surgical/medical misadventures* 2,674 crime rate rose 150% while rising just 10% nationally. Survey-research suggests that 650,000 Americans Through hunting licenses, excise taxes and duck Natural/environmental factors' 1,904 New York City now boasts one-Fifth of the nation's gun every year use handguris for protection from burglars, stamps, America's 18 militon hunters annually con- Firearms* 1,549 related robberies and more homicides than the total of robbers. rapists, assailants, would be murderers, etc. tribute more than $500 million for wildlife and habitat (Includes estimated 500 handgun 23 states. The two crimes most teared by Americans are conservation, hunter education programs and funding of murder in the course of another crime (50%) and robbery and 280 hunting accidents) state fish and wildilfe agencies. Chronic pulmonery diseases 78,270 (43%) (1978 DMI poll); robbery and robber murder rates are consistently higher in cities with restrictive firearms To date. American hunters have contributed over $6 Pneumonia and influenza 70,120 WHY AMERICANS OWN FIREARMS laws and/or hostite enforcement of such laws. billion directly to wildlife conservation projects. Nearly $ Diseases of the arteries 46,390 CITIES: RESTRICTIVE GUN LAWSIENF ORCEMENT million acres of wildlife habital have been acquired since Diabetes 37,900 Based on 1978 Decision Making Information surveys. Rates per 100,000 with handgun date confirmed by 1978 Caddell survey; 1937 through the Pittman Robertson excise taxes on Suicide 30,980 Homicide Robbery guns and ammo alone. Without the hunter and his guns, 26,050 62.8 1382.7 abuse date from U.S. Public Health Service and F.B.I. Cinhosis and other liver disease Detroit today's wildlife management successes would not have Nephritis and other kidney disease 24,880 Newark 25.4 1328.5 data. been possible. Homicide and legal Intervention" 20,580 New York City 23.0 1083.0 Primary Reasons Own/Use Firearms: % of Owners, *(1985, latest official figures) Chicago 20.5 989.9 CIVILIAN MARKSMANSHIP PROGRAM (DCM) **59% involve firearms. Baltimore 29.5 976.1 Projected Number of Americans Trains American youth in marksmanship. with mem- Los Angeles 24.3 763.8 (Aporox. 65 million owners of 200,000,000 guns) About 13% of the "homicide and legal Intervention" bership oi more than 197,000: supports 1,980 civillan Washington, D.C. 35.2 717.4 rifle clubs; trains over 96,000 juniors annually; category involves the killing of criminals by police (3%) CITIES: LEMIENT GUN LAWS/E NFORCEMENT HUNTING: 513/26; 33.000,000 Americans Holds 130 regulation state. local, and national or civilians (10%) (Rushterth, of at., 1977) Tulsa 9.5 290.3 PROTECTION: 32%: 21,000,000 PT Handgens are involved in 1/2% of deaths among children Tucson 6.1 243.2 matches yearly "1E)arty socialization into the gun culture predisposes in- under 14, including both accidental and criminal homi Austin 8.3 209.8 Usec Gun For " cides, ranking handguns the 17th leading "cause." Wichita 8.3 203.3 Protection: 11% 7.200,000 dividuals to entist in the armed forces later in life, which 3% of gun-related deaths Involve accidents or murders EI Paso 51 195.8 TARGET suggests that the gue culture is positively functional for Omaha 7.5 152.0 SHOOTING: 3% 6,500,000 the success of the volunteer army (James D. Wright, et by persons without prior histories of violence; 70% of Corpus Christi 7.5 147.2 13/5: 2,600,000 ai., Under The Gun, 1983) "victims" were suicides OF criminals. COLLECTING: NRA U.S. COMPARED WITH FOREIGN COUNTRIES CAREER CRIMINALS JUSTICE SYSTEM FAILURES RESTRICTIVE GUNS LAWS: ATTITUDE AND ARMED VICTIM SUCCESSES OF THE AMERICAN ELECTORATE An criminologists studying the firearms issue reject Based on date from 1978 FIREARMS simple comparisons of violent crime among foreign (Based an Department of Justice (DOJ) victimization Decision Making information polls: countries. Names D Wright, et al., Under the Gun, surveys, felon surveys. PROMIS studies, research by 88% Believe in individual right to keep and bear BATIS 1983). "Gus control aces not deserve credit for the fow the Rand Corp., James D Wright et 31. and Gery Kleck.) 47%- Households acknowledge gun ownership FACT CARD crime rates In Britain. Jagan. or other nations 93% Favor strict mandatory penalties for criminal use Foreign style gun control is docmed to failure in 75-80% of U.S. violent crimes are committed by career of firearms America: not only coes it depend on search and criminals. many on some form of conditional or early 33% Oppose handgen ban 1989 seizure 100 intrusive for American standards, # release (30 35% of career criminals are rearrested with 88%- Agree that registration will not keep guns from postulates an authoritarian philosophy of government fundamentally at odes with the individual, egalitarian previous criminal charges still pending) Most career criminals criminals' crime is related Blame gun avallability/weak gun Laws for in- SECOND AMENDMENT TO THE American ethos (David Kopel "Foreign Gun Con- creases in violent crime UNITED STATES CONSTITUTION trol in American Eyes. 1987) Career convicted telons out of prison commit an in the Voting Booth: 69% of Massachusetts (1976) voters average of 187 crimes per year. costing society rejected the handgun ban proposal, and 63% of Califor A well regulated Militia, being necessary to the secont. Gun laws and lirearms availability have no relationship $430,000, versus $25,000 per year cost of imprison- ma (1982) voters rejected a handgun registration-and ty of a free State, the right of the people to keep and bear Ireaze proposal. In the past decade, voters In 9 states with murcer or suicice rates: England, with strict gun ment. Arms. shall not be infringed." supported adding or strengthening the constitutional laws, has a lower munder rate. but Northern Ireland right to keep and bear arms by majorities ranging from This guerantee is clearly a fundamental individual with a more restrictive gun ban, has a musder rate Only half of violent crimes are reported to the police, right-not a so-called "collective right" -because the and less than half of those (45%) are cleared by 58% to 83% higher than U.S.: Switzerland and Israel, with more Framers understood the concept of a "right" to apply households armed, have murder rates comparable to arrest of criminals. Unsuccessful investigations and only to individuals and used the word "states" when col- England and Japan-or lower. lenient prosecutions and judgements tree most crim- lective meanings ware intended inais from legislated sentences NATIONAL RIFLE ASSOCIATION FACTS The phrase "the right of the people" occurs in the 1ml and 4th Amendment In the same way as in the Second England has twice as many homicides with firearms A prisoner survey by Wright et al., finds that criminals Founded 1871 1988 Membership-2.82 million Amendment. To claim the people" in the Second as before adopting its repressive laws; yet counters are more afraid of being shot by victims than by more than 13,700 affilated clubs and associations Of- Amendment means only "the state" would. by the rising crime by increasing strictures on riftes and now police; of career "handgun predators" 53% did not ficial Publications: American Allfeman, American Hunter same reasoning, eliminate the individual liberties of on most shotguns During the past dozen years, commit a specific crime for tear victim was armed, trains over one million people annually In firearms "the people" peaceably to assemble and to be free handgun-retaled robbery rose over 200% in Britain 57% were scared off or shot by armed victims; 88% salety 17.5 million people trained In hunter safety from unreasonable searches and seizures. while dropping in the U.S. think criminals will always be able to get handgens, programs over one million police have been trained by NRA-trained police and security firearms Instructors Historically, English Common Law recognized this absent handguns, 75% would use sawed-off shot sanctions more than 11,800 National/International right as making possible both common and personal Murder rates of Japanese-Americans-who have ac- guns. Unarmed felons listed tougher penalties for using a gen as an important reason for not arming. competitions annually. defense. cess to firearms- is even lower than the murder rate The amendments in the am of Rights were tramed to in Japan. where a virtual gun ban is too effect; Japan's protect individual rights against governmental suicide rate is twice as high as U.S. rate. Kleck estimated that a burglar runs twice the chance NRA Institute for Legislative Action infringements. of being shol by a victim as by the police. He also 1600 Rhode island Avenue, N.W. found that using a gun for protection trom violent Washington, D.C. 20036 No Supreme Court decision has ever held this right to be collective. All four relevant Supreme Court decl- Foreign countries are two to six times more affective crime--rape, robbery, assault-reduces the likelihood crime win be completed and reduces the likellhood in- sions have recognized that the Second Amendment In solving crimes and punishing criminals than ML3N0015 Rev. 1/88 35M guarantees an Individual right to keep and bear arms. American Revolving-door justice is the problem. lended victims will be Injured. Susan Lilly 828-6331