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James Baker on Columbian Narcoctics Traffickers

by James Baker

TESTIMONY OF JAMES JAY BAKER DIRECTOR FEDERAL AFFAIRS

NATIONAL RIFLE ASSOCIATION INSTITUTE FOR LEGISLATIVE ACTION

ON

COLOMBIAN NARCOTICS TRAFFICKERS AND THE ACQUISITION OF FIREARMS

BEFORE THE SELECT COMMITTEE ON NARCOTICS ABUSE AND CONTROL

U.S. HOUSE OF REPRESENTATIVES

November 1, 1989

The NATIONAL RIFLE ASSOCIATION OF AMERICA is a non-profit organization founded in 1871 and supported by the membership fees of almost three million public-spirited citizens. Like almost all of America's seventy million firearms owners, the NRA membership supports strong law enforcement efforts against violent criminals who misuse firearms. These millions of law-abiding gun owners are adversely affected by proposals to limit their constitutional rights which invariably have no effect on criminals.

Today, Colombia is experiencing armed violence by political insurgents and drug traffickers. Unfortunately, that country has been wracked by violence for the last forty years. Opponents of the Second Amendment to the U.S. Constitution are using Colombia's misfortunes to advocate the disarming of law-abiding citizens of the United States.

Specifically, Colombian violence is being used to advocate prohibitions on the manufacture, importation, and even possession of firearms in the United States, and requirements of police approval and waiting periods for purchase of firearms by law-abiding citizens in the United States. E.g., Mary McGrory, "How About a War on Guns?"

Washington Post, Sept. 17, 1989, C1. Yet violation of the Second Amendment rights of U.S. citizens would have absolutely no effect on violence in Colombia.

The National Rifle Association of America represents law-abiding citizens of the United States, not firearms exporters. Accordingly, NRA has no objection to a prohibition on the exportation of firearms to Colombia. If it believes that the military, police and citizens of Colombia are so corrupt that exportation of arms to that country should be prohibited, then the U.S. Department of State is free to impose such a prohibition. This would have little or no effect, however, because small arms may be imported from countries other than the United States.

Literally tons of machineguns and other arms, undoubtedly obtained from covert or military sources, have recently been seized in Colombia. The Washington Post reported on Sept. 14, 1989 at A34:

The military announced it had discovered the most powerful arsenal of modern weapons to date, along with a radio communications network.

In a video shown by the 13th Brigade on national television, the military said it had recently seized more than two tons of weapons and ammunition belonging to Jose Rodriguez Gacha, known as "the Mexican," including AK-47 and Galil assault rifles, Uzi submachine guns and 9mm pistols and hand grenades.

The weapons and communications installations, including sophisticated equipment to monitor police communications, were found on three ranches outside Rodriguez Gacha's stronghold of Pacho. The arms were buried in underground tunnels and wrapped in plastic near a safe house, the military said.

The military called the find "a great blow" against Rodriguez Gacha, believed to be one of the two principal leaders of the Medellin cocaine cartel.

It is easy to understand why the small arms seized were AK-47 assault rifles, Uzi submachineguns, and Galil fully automatic rifles. AK-47 assault rifles manufactured in Communist countries are widely available from leftist insurgents throughout Central and South America, including Colombia itself. Uzi submachineguns are imported from Israel by the Colombian government for use by the Colombian police. The Galil fully automatic rifle imported from Israel is the official service arm of the Colombian military. The Uzis and Galils were stolen or purchased by the drug traffickers from official Colombian military and police sources. The following indicates the major sources of firearms to Colombia: MAJOR SOURCES OF FIREARMS TO COLOMBIA

Source: Edward C. Ezell, Small Arms Today (Harrishing, Pa.: Stackpole Books, 1988) pages 110-11:

Galil automatic rifle, Israeli Military Industries: 10,000 +

Uzi submachine, Israeli Military Industries: Unknown

MAC-10 submachineguns for the National Police, U.S. State Dept. licenced sale: 395 (1977)

.30 M1, M2 carbines, U.S. Military Assistance Program (MAP) and U.S. Foreign Military Sales (FMS): 7,500 (pre 1968)

HK G3 automatic rifle (early 1970s) "Portuguese-made G3s, from Angola via Cuba, are being used by drug traffickers."), H&K, Germany: 30,000

FAL automatic rifle, "Origin unknown; some have arrived in country via drug traffickers." Unknown qauntity

M14 automatic rifle, U.S. FMS: 4,000 (1974), 2,478 (1980)

.30 M1 rifle (pre-mid 1960s), U.S. MAP/FMS: 19,000

.38 Smith & Wesson revolver Model 10 for National Police, U.S. State Dept. licensed sales: 20,000 (1985)

Kits for assembly in Colombia: 15,000 (current per annum)

... for National Police: 4,900 (1977-78)

... for Ministry of Defense: 1,500 (1979)

.32 cal. kits for Ministry of Defense: 1,500 (1979)

.38 Ruger revolver, U.S. State Dept. licensed sales: 5,000 (current per annum)

.45 M1911 A1 pistol, U.S. MAP/FMS, 2,920 (pre-1966)

In addition to the above, Dr. Ezell further documents the flow of fully automatic machineguns from various Communist suppliers to Colombian and other Latin American insurgents. "Cuba purchased in excess of 35,000 FALs from FN, 1958-59. Some have been recovered from antigovernment forces in Chile, Colombia and El Salvador." (118.)

The U.S. abandoned almost one million M16 automatic rifles in Vietnam and Cambodia in 1975. "During the past decade, the current government of Vietnam has been supplying some of these arms to allied countries and to the revolutionary and terrorist organizations in other countries, such as Chile, Colombia, El Salvador, Guatemala, Honduras, and Uruguay. . . . It is obvious that these weapons will continue to be seen around the world for the next several decades." (444.) Nicaragua has large quantities of M-16 automatic rifles left over from the Somoza regime as well as obtained from Vietnam. (282.) Again, thousands of M16s have been captured from, and lost to, antigovernment forces in El Salvador. (140.) Cuba obtains AK-47 and AKM assault rifles from the Soviets and the Warsaw Pact countries. (117.) All of the above are sources of arms to Colombian insurgents and drug traffickers.

Insurgents or drug traffickers would have no incentive to obtain expensive sporting designs from the United States. A black market, full automatic AK-47, Uzi, or Galil in Colombia could be obtained free or for perhaps $100.00. Before the recent import ban in the United States, the suggested retail for the semiautomatic AK-47 type rifle was between $595.00 and $675.00; for the Uzi carbine, $698.00; and for the Galil semiautomatic rifle, $940.00. Gun Digest 1989.

Retail purchase entails completion of Form 4473 and identification requirements. Then the rifles would have to be exported. Moreover, these rifles are semiautomatics designed not to be convertible to full automatic according to the specifications of the Bureau of Alcohol, Tobacco and Firearms, and are thus far inferior for use as weapons to the inexpensive black market guns already in Colombia.

AK-47 assault rifles (machineguns) have been made widely available in Central and South America from sources in Cuba, Nicaragua, and various Communist countries. The guerrilla movements in El Salvador and Colombia itself are ready sources of AK-47s. Colombia's guerrillas have obtained quantities of AK-47s from Cuba, which used them in the Angolan civil war. Some of these AK-47s were manufactured in Romania.

The magnitude of arms smuggling in Colombia is exemplified by the seizure of 1,000 rifles, 250 light machine guns, and 10 mortars being shipped to that country from Portugal. According to the Colombian government, forged documents said the arms were intended for the Colombian army, but the arms were actually destined for use by the pro-Moscow Revolutionary Armed Forces of Colombia (FARC). (Reuter Library Report, Jan. 11, 1989.)

Firearms exports must be approved by the Department of State pursuant to 22 C.F.R. Section 120.1 et seq. A license from the Office of Munitions Control must be obtained prior to the export. Section 123.1. It is the policy of the United States to deny export licenses to Communist countries such as Cuba, the Soviet Union and Vietnam, to South Africa, and "wherever an export would not otherwise be in furtherance of world peace and the security and foreign policy of the United States." Section 126.1. If the exportation of firearms from the United States to Colombia is contrary to U.S. interests, then the State Department should deny such licenses.

A license is not required for export of firearms for carrying out any foreign assistance, cooperative or sales program authorized by law and subject to control by the President or by other means. Section 126.4. If U.S. assistance programs result in arms being transferred from corrupt Colombian military and police sources to drug traffickers, then the United States should not be supplying such arms to the Colombian government.

The Colombian government is unable to maintain any semblance of law and order in many parts of the country. Guerrilla movements and drug traffickers have for decades been able to smuggle into the country and to buy from corrupt military and police personnel tens of thousands of fully automatic machineguns. These guerrillas and traffickers have little need of expensive sporting rifles such as the Colt AR-15 and the semiautomatic versions of the AK-47 from the United States which are made to specifications approved by the Bureau of Alcohol, Tobacco and Firearms so as not to be easily convertible to full automatic.

The Colombian police are so riddled with corruption that 2,500 police officers were recently fired for their ties to drug lords. Despite tons of automatic arms available in Colombia and in the Central and South American market, the Colombian government has called attention to a small trickle of semiautomatic firearms coming from the United States as a cause of its problems. The article "Colombia Urges U.S. to Curb Flow of Semi-Automatic Guns," Washington Post, Sept. 8, 1989, A1, 18 states:

The Colombian government has appealed to the Bush administration for help in curbing an escalating flow of semi-automatic rifles, handguns and other weapons from U.S. gun dealers to Colombian drug traffickers . . . .

National drug policy director William J. Bennett said yesterday that his office "immediately called" the Bureau of Alcohol, Tobacco and Firearms (ATF) and asked for an investigation into the arms shipments after he was told about them by Colombian Justice Minister Monica de Greiff and her aides in a meeting here Aug. 30.

But Bennett, testifying before the Senate Judiciary Committee about President Bush's new anti-drug proposal, emphatically ruled out further action by the Bush administration against the domestic manufacture of semi-automatic assault rifles similar to the ban on imports imposed in July. . . .

Bennett retorted that there are "very serious constitutional problems" with a ban on assault weapons and the administration does not want to "interfere with the legitimate rights of gun owners and collectors and hunters. . . ."

Jack Killorin, chief of ATF public affairs, said the Colombian government has provided the agency with information about 172 rifles, handguns and shotguns seized from the cartels and leftist insurgents during an 18 month period ending Aug. 1.

ATF was able to trace 87--or more than half--of the weapons as having come from the United States. . . .

John Walters, Bennett's chief of staff, said "preliminary information" he received from ATF indicates that most of the U.S. weapons the agency had been able to trace were "sold legitimately" by U.S. dealers to South American clients and then were diverted into the hands of the cartel.

Thus, out of literally tons of arms seized--most of which are AK-47 machineguns smuggled from Cuba and other Communist countries, and Galils and Uzis stolen from or sold by members of the Colombian military and police--only 87 firearms came from U.S. dealers, and they were sold legitimately.

A Freedom of Information Act request for BATF records on the above traces reveals that many of the above firearms were sold directly to the Colombian government. For example, 23 of the firearms were Smith & Wesson Model 10 .38 cal. revolvers--hardly "assault rifles"--and almost all of these were sold directly by Smith & Wesson to Colombia, undoubtedly for police use. The Model 10 is a standard police service revolver in Colombia.

In addition, 11 of the firearms seized were Thompson .45 cal. submachineguns. Thompsons have not been manufactured since World War II. These guns were almost without doubt sold to the Colombian government, and could have been in that country for fifty years. Other items of apparent American military surplus include several Ithaca and Remington World War II production Model 1911 .45 cal. pistols.

Other firearms included a Remington XP-100 single shot pistol, Remington Model 70 bolt action hunting rifle, and other sporting arms.

Not one semiautomatic AK-47 type rifle is on the BATF trace list. Drug traffickers would have little use of a sporting version, semiautomatic only rifle made to the exacting requirements of the Bureau of Alcohol, Tobacco and Firearms, and costing perhaps $595.00 to $675.00 when purchased in the United States. (Since the import ban, these rifles sell at $1,000.00 to $1,500.00).

Full automatic AK-47 assault rifles are already easily available in Colombia through Communists or other underground sources either free or for as little as $100.00.

The BATF trace list includes a Colt M-16--compliments of the U.S. military--and less than five dozen Colt AR-15 rifles. Before Colt suspended sales of the AR-15 in 1989, its suggested retail (HBAR Model) was $869.95. Asking price is now $2,000.00. There are also a few Uzi, Ingram, and Interdynamic pistols. Each and every one of these models have been closely scrutinized and approved by BATF so as not to be easily convertible to full automatic. The list likewise includes a few Ruger Mini 14 rifles. These rifles are popular items used by private security forces in Colombia. They were legally exported from the United States, and may have been stolen from their legitimate Colombian owners.

In sum, a paltry 87 firearms seized over a period of a year and a half were traced to American manufacturers. These firearms were apparently legally sold in the United States and legally exported to the Colombian government itself or to private security or other authorized persons in Colombia. The diversion of this extremely small quantity of revolvers and semiautomatic firearms is insignificant compared to the tons of fully automatic firearms obtained by Colombian insurgents and criminals from corrupt Colombian government officials and military-police sources or from Communist and black market sources.

The Colombian government has chosen not to share with BATF any information concerning the enormous quantities of military firearms seized. The Freedom of Information Act request from which the above data was obtained also sought: "Records concerning M-16s, AK-47s, or other military firearms which have been seized by the Colombian government, or which may be possessed by or available to Colombian narcotics traffickers or terrorists from sources in Central or South America or elsewhere." BATF could produce no records on the subject and could only suggest, by letter dated Sept. 22, 1989, that "you should address your request to the Government of Colombia."

The violence in Colombia hardly began with the drug traffickers. "The background of violence and civil war makes Colombia unique among Latin American countries." There were 135,000 deaths from the period in Colombia lasting 1949-1958 known as "la violencia" (the Violence). R. Gott, Guerrilla Movements in Latin America 224 (1971). "The bulk of the assassinations and atrocities committed during the period of the violencia were the work of Liberals or Conservatives. . . ." Id. at 231. The Communist insurgencies since the 1960s sprang from this tradition. See id. at 241-304.

The Communists who have controlled large parts of the countryside for decades have never had any problem obtaining small arms. In a well executed operation a decade ago, the M-19 leftist guerrilla group tunnelled into an army arsenal and stole 4,883 weapons. See "Voices from a Bogota Jail," Washington Post, June 7, 1981, D5; "Arrests Raise Torture Issue in Colombia," Washington Post, Jan. 12, 1979, A31.

Communist sources outside Colombia, including both poor socialist states desperate for hard currency as well as various movements and groups, account for most M-16 and AK-47 automatic rifles in the hands of insurgents and drug traffickers. The U.S. abandoned one million M-16s in Vietnam, which has admitted to providing some M-16s to Communist guerrillas in El Salvador. P. Brogan and A. Zarca, Deadly Business 182-83 (1983). Nicaragua--either the Sandinistas or the contras--could also be a ready source for M-16s. Plenty of M-16s are available on the international market.

The easy flow of large quantities of arms between antagonists in Latin America is further exemplified in the following recent report of weapons being sent clandestinely from Nicaragua to El Salvador's guerilla organization, FMLN. The incident was reported in "Honduras Says it Seized Arms Bound for Salvadoran Rebels," Washington Post, Oct. 20, 1989, A35:

A preliminary search of the truck found 307 rocket-propelled grenades and an undetermined number of launchers; 74 automatic rifles, including AK-47s and M16s with an undetermined amount of ammunition; explosive detonators, radios and urban guerrilla training manuals with "FMLN" stamped on them, the sources said. . . .

Salvadoran and U.S. officials frequently have charged that the Sandinista government of Nicaragua supplies Salvadoran guerrillas with arms and ammunition, but efforts prove the charges conclusively have been disputed.

Over the years a number of arms shipments allegedly bound for the FMLN have been captured in Honduras. A large weapons shipment was seized in Comayagua, Honduras, in 1981. Another was discovered in late 1985 when a car packed with arms and ammunition had an accident on the Pan American Highway in Honduras, spilling the contents.

The most recent seizure came last summer, when about 60 AK-47s were discovered in a cache in a rural community about 50 miles north of Tegucigalpa. While the armed forces charged that the shipment came from Nicaragua and was bound for the FMLN, there was speculation it was destined for Honduras guerrillas.

The above was only one seizure out of many shipments which made it to their destinations. An indication of the large quantities of arms available from Cuban sources is set forth in the following inventory of arms found by U.S. forces in Grenada in 1983, from Sylvia and O'Donnell, Guns of Grenada 40 (1984):

Soviet AK-47 Assault Rifle                   1,626
Czech Model 52 Rifle                         1,120
SKS Rifle (Communist Bloc)                   4,074
Soviet Mosin Nagant Rifle                    2,432
Soviet M-1945 Submachine Gun                   180
Mortars and Machine Guns (crew served)          99     
Hand Grenades                                1,824

The fully automatic AK-47 assault rifle is perhaps the most widely available firearm in human history. As explained by Edward C. Ezell, The AK47 Story 11-12 (1986):

The AK47 assault rifle, and its many variants, has become the most widely distributed and best known military shoulder weapon of the post-World War II era.

Some people might argue that the United States Army's M16 rifle deserves that title. But it is the Kalashnikov that is seen nightly on the evening television news from Beirut, the Iranian desert, the jungles of El Salvador, or the mountains of Afghanistan. . . .

An estimated thirty million to fifty million Kalashnikov-type rifles and light machineguns have been manufactured since the introduction of this design in 1947. At least a dozen countries have manufactured or are manufacturing versions of this weapon. At least fifty-five nations and an untallied number of guerrilla and terrorist organizations use these guns daily.

Some of the largest producers of AK-47 assault rifles are poor states in desperate need of hard currency which actively supply the international arms market.

Dr. Ezell provides the following details: In addition to the Soviet Union, the People's Republic of China, the German Democratic Republic (East Germany), Poland, Romania, Bulgaria, North Korea, Hungary, and Yugoslavia have manufactured the AK47. The People's Republic of China, the German Democratic Republic, Poland, Romania, North Korea, Hungary, Yugoslavia, and Egypt have also manufactured the AKM-type assault rifle. (181)

There are no known accurate estimates of the number of Kalashnikov-type weapons produced to date by the Chinese. With a regular army establishment of more than three million people and reserve forces numbering between five and seven million, it probably would not be unreasonable to project a production total somewhere between ten and twenty million. This estimate seems especially reasonable in view of the Chinese material support of North Vietnam in the 1960s and 1970s, and subsequent sales and gifts of such weapons. The People's Republic of China is currently very active in the international marketplace with export sales of their light infantry weapons being carried out by the China North Industries Corporation (NORINCO). (186)

There are no reported estimates of the number of East German Kalashnikov- type weapons manufactured to date, but a reasonable guess would be between 1.5 and 2.0 million. the Germans have made substantial export sales of these weapons. (186)

The Polish small arms factories have also manufactured the AKM for domestic and export consumption. . . . An estimated 1.5 to 2.0 million Polish Kalashnikovs have been manufactured to date. (189)

During the past decade the Romanians and their neighbors the Bulgarians have been very active in the international arms market. The Kalashnikov assault rifles have been among their most popular products, and it is estimated that between them the arms factories of the two nations have made one million of these weapons. (190)

It is difficult to estimate the number of Kalashnikov weapons produced by the Yugoslavian arms factory Zavodi Crvena Zastava, but it is probably in the half-a-million to one million range. Many of these weapons have been exported. (193)

It has been estimated that the [North] Korean small arms factories identified by the numbers 61 and 65 combined have been producing Kalashnikov weapons at an annual rate of about 150,000 units. It is not clear just how many years this rate has been in effect; if it has been in effect for the past twenty years that would mean that the Koreans have manufactured in excess of three million guns. This may be the reason for the recent proliferation of North Korean assault rifles in the international arms trade. (195).

With thirty to fifty million full automatic AK-47 assault rifles manufactured in the world today, it is ludicrous to focus on a minute number of semiautomatic rifles designed for target shooting which are available in the United States. "Assault rifles" refer to selective fire weapons which shoot fully automatically, and are thereby machineguns. By contrast, the term excludes semiautomatic rifles, which fire only one shot per trigger pull. Assault rifles such as the M-16 and AK-47 are machineguns. However, the AR-15 and the AK-47 type semiautomatic rifles are not assault rifles or machineguns. This terminology is made clear in Harold E. Johnson, Small Arms Identification and Operations Guide--Eurasian Communist Countries (Department of Defense Intelligence Document, Foreign Science and Technology Center, 1980) as follows:

Assault rifles are short, compact, selective-fire weapons that fire a cartridge intermediate in power between submachinegun and rifle cartridges. Assault rifles have mild recoil characteristics and, because of this, are capable of delivering effective full automatic fire at ranges up to 300 meters.

The Soviet designed Kalashnikov AK-47 assault rifle, a gas-operated, selective fire, box magazine-fed weapon, was the major infantry arm for most Eurasian Communist Countries.

In 1981, the U.S. Army Foreign Science and Technology Center sent Mr. Johnson, author of the above, to Colombia to identify the origins of some 300 to 400 fully automatic m/961 G3 rifles, 40 to 50 submachineguns, and about 750 hand grenades which Colombian authorities had seized from M-19 leftist guerrillas. Mr. Johnson determined from the markings and overall design that these machineguns and grenades were manufactured in Portugal. The Portuguese colonialists had used and abandoned them in Angola when they were defeated by nationalist insurgents. The ordnance was then obtained by the Cubans, who were involved in the Angolan civil war. Obviously, these machineguns and grenades were taken by the Cubans from Angola and given to insurgents in Colombia.

None of the above firearms and events are remotely connected with the semiautomatic sporting rifles available on the commercial market in the United States. These rifles are not "assault rifles," and while cosmetically similar, have been designed according to BATF's exacting standards so that they are not easy to covert to full automatic. In 1963, BATF determined that the Colt AR-15 Sporter is not a machinegun. From the passage of the Gun Control Act of 1968, which imposed the sporting criteria for firearm imports (18 U.S.C. Sec. 925 (d)(3)), until 1989, BATF approved semiautomatic AK-47, HK 91, and similar rifles to be sporting rifles suitable for importation.

Colombia itself is a primary example of why gun control laws do not work. These laws apply only to law-abiding citizens. One can legally purchase firearms only with permission of the police. Many in the police and military are in league with corrupt politicians and drug traffickers. Everyone in Colombia is armed except the law-abiding citizens who cannot afford the police bribes or do not have the right connections. Civil liberties are suspended. Ironically, the Colombian government now is asking the United States more stringently to restrict acquisition of firearms by U.S. citizens, as if a tiny trickle of such arms to Colombia has any effect.

Leftist insurgency and drug wars in Colombia are in step with that country's earlier history in the period known as la violencia. Tons of machineguns are readily available to Colombians from Communist sources and from corrupt military and police personnel. If it determines that it would serve the national interest, the U.S. State Department could prohibit any exportation of firearms to Colombia. However, violation of the Second Amendment rights of the target shooters and other law-abiding citizens of the United States by banning semiautomatic rifles in our country would not reduce violence in Colombia in the slightest respect. Appendix to Testimony of James Jay Baker

THE RELATIVE LACK OF CRIMINAL MISUSE OF SEMIAUTOMATIC RIFLES WITHIN THE UNITED STATES

This hearing primarily concerns the sources of supply of small arms to Colombian antigovernment forces and drug traffickers. As noted, the major sources are purchases or theft from the Colombian military and police, and transfer from Communist countries and movements. However, questions have been raised whether semiautomatic, military style rifles are disproportionatley misused by drug traffickers and other criminals in the United States itself. As the following demonstrates, such rifles are the least likely type of firearms to be misused criminally.

ATF RECORDS REVEAL THAT SEMIAUTOMATIC RIFLES ARE RARELY TRACED IN RELATION TO CRIMINAL MISUSE

Records of firearms traces conducted by the Bureau of Alcohol, Tobacco and Firearms contain little or no information of use in connecting specific firearms with specific types of crime. Such records generated in recent months are particularly unreliable in this respect, because BATF has been conducting massive numbers of "forward traces" of semiautomatic firearms to determine ownership, and not due to any criminal misuse. In fact, ATF itself, rather than local police, requests the majority of traces, and the leading reason given for the majority of traces is "miscellaneous" and not some specific crime.

The following analysis is based on ATF records disclosed under the Freedom of Information Act. The request was for the same records disclosed to the Cox newspapers resulting in publication of its article on "assault type guns." ATF stated about that study:

In providing Cox Newspapers access to ATF's trace requests, we provided only normally disclosable information limited to the type of weapon, manufacturer, model, magazine capacity, serial number and type of crime. We do not necessarily agree with the conclusions of Cox Newspapers and need toexpress that all firearms trace requests submitted by law enforcement agencies are not crime guns and that the 42,000 traces examined are but a small percentage of all firearms recovered by law enforcement during the period.

According to the Cox article, the firearms traced by ATF most frequently are handguns. In order of the number traced, they are: the Raven .25 cal. pistol; Smith & Wesson Model 60 .38 cal. revolver; Smith & Wesson Model 36 .38 cal. revolver; Jennings .22 cal. rimfire pistol; and the TEC-9 9mm pistol.

Total traces by type of firearm are as follows:
Firearm                No. traced             % of traces
Revolver                 13,983                   33%
Pistol                   12,424                   29%
Shotgun                   5,493                   13%
Rifle                     5,305                   12%           
"Assault
weapon"                   4,249                   10%
"All others"                738                    2%
Derringer                   581                    1%
42,818

The Cox article states that it reviewed traces of 42,758 firearms covering the period Jan. 1, 1988 through March 27, 1989. Atlanta Journal Constitution, May 21, 1989, A1 et seq. Throughout, the article alleges that the firearms were traced "to crimes," when in fact no crime was specified for the majority of traces.

The Cox article used the term "assault weapon" or "assault gun," apparently because the data so totally fails to suggest any disproportionate use of "assault rifles," and to distort the statistics by including certain pistols and shotguns.

ATF records disclosed under the Freedom of Information Act include listings of specific firearms traces, showing the requesting agency and the reason for the trace. The raw data reveals that "miscellaneous"--rather than a specific crime--is the most frequent reason for the trace; that ATF rather than local law enforcement is the most frequent requester; and that most "miscellaneous" traces are initiated by ATF. The reason appears to be that ATF has been "forward tracing" large numbers of semiautomatic firearms just to determine who purchased them and not in relation to any crime. Numerous licensed importers, manufacturers, and dealers have revealed to NRA that ATF inspectors have inspected and copied all records on purchasers of semiautomatic firearms allegedly to develop an "end user profile." Whether this program is a fishing expedition or a quasi-registration system, the "miscellaneous" traces are not suggestive of criminal misuse.

ATF has confirmed the existence of its "forward tracing" program, but refuses to disclose records about the program under the Freedom of Information Act. Indeed, ATF refused the same inspection rights to ATF data to NRA as it accorded to Cox newspapers based on the following: "Your request to review the same material examined by personnel from the Atlanta Journal is denied. Personnel from the Atlanta Journal had access to ATF forms because they were acting on behalf of ATF at the time of their review. . . ." This contradicts TF's statement above that "we provided only normally disclosable information" to Cox.

A group of ATF records which exhibits the Cox-ATF mutual influence or agreement consists of listings of traces of "bad guns"--selected semiautomatic pistols, rifles, and shotguns of incomparable designs and tremendously different sporting uses, but with the common feature that Senator Metzenbaum does not like them. These are the "assault guns" discussed in the Cox article which were traced during 1988 and the first quarter of 1989.

The leading firearms traced were not rifles at all, but were respectively the M10/M11 pistol (773 traced) and the TEC-9 pistol (767 traced). By contrast, there were only 689 traces of the "AR-15/M-16"--which would include both AR-15 target rifles sold at sporting goods stores, and M-16 machineguns stolen from the U.S. military.

There was not a single trace of the Steyr AUG, one of the rifles banned from importation based on the allegation that "assault rifles" were being disproportionately misused in crime. Further, ATF records give no comparison data with ordinary revolvers, pistols, rifles, and shotguns, either in terms of quantities produced or number of traces.

Most revealing is the reasons for the traces. For all of the "bad guns" combined--handguns and long guns together--the following are the trace categories:

Reason for trace        Number traced       Percentage of traces
Miscellaneous              2,137                    43%
Property related             663                    13%
Gun Control Act              525                    11%
Narcotics                  1,078                    22%
Homicide                     348                     7%
Assaults                     176                     4%
Robbery                       60                     1%
Arson                          8                     0.2%
Sex crimes                     3                     0.1%
Total                      4,916

As is clear, 43% of the traces were for "miscellaneous" reasons. These could have included "forward traces" just to check on purchasers, without any suggestion of wrongdoing, as well as lost, found, and abandoned guns. For instance, local police may wish to determine the owner of a found or unclaimed firearm.

"Property related" traces, 13% of the total, would include stolen firearms which have been recovered. Local police may be seeking the rightful owners in order to establish proof of burglary and similar crimes as well as to return the property.

"Gun Control Act" traces, amounting to 11% of the total, would include every suspected technical violation under the Act. A hobbyist who sold one too many collector's items at a gun show, a licensee whose entire inventory is seized because of a recordkeeping violation, or a person who gave a firearm to a relative who lived in a different state are only some of the innocuous reasons which would prompt traces under the Gun Control Act.

"Narcotics" related traces (22% of the total traces) are difficult to interpret. Situations involving such traces could be everything from a first time offender in possession of a small amount of marijuana for personal use who happened to have a firearm in a home where he was arrested, to a major crack or heroin trafficker who is a grave danger to society. Even so, the dangerous trafficker is far more likely to prefer a pistol or revolver of the same type that the police use, than such sporting rifles such as an AR-15 or a Mini 14.

The "Homicide" category demonstrates the lack of value of the trace data. Rifles of all kinds are used in only 4% of all homicides, and military-style semiautomatic rifles have been linked to at most 1% of homicides. Of the 348 "bad guns" traced in connection with homicides, the ATF summary fails to distinguish rifles from pistols, or to give comparison data with pistols and revolvers of all kinds.

The firearms traced in the Robbery, Arson, and Sex Crimes categories are practically negligible, especially when compared with the numbers of pistols and revolvers of the types used by police.

To the extent the Cox/ATF data reveal anything regarding military-style semi-automatic rifles, it is that they are rarely involved in police traces of crime guns. Using data prepared by Smithsonian Institution's Edward C. Ezell regarding the number of various makes and models owned by Americans, police have requested traces on fewer than one-tenth of one percent of such rifles now owned. For example, during the 15-month period, only 105 of 126,000 AK-type semi-automatic rifles were traced in relation to the investigation of violent crimes--just nine one-hundredths of one percent, or roughly one of every 2,000 AK-type semi-automatics owned by Americans.

In sum, contrary to the Cox article, very little can be concluded from ATF tracing data, except that ATF itself conducts most traces for "miscellaneous" reasons, such as checking on ordinary citizens who enjoy target shooting with semiautomatic firearms. The overwhelming majority of traces are conducted for reasons unrelated to violent crime, and the overwhelming majority of firearms used in crime are not traced.

ACTUAL CRIME DATA DEMONSTRATES THAT SEMIAUTOMATIC RIFLES ARE RARELY USED IN CRIME

The Cox study found that about 10% of the guns traced were "assault weapons" based on the definition used by the Bush Administration for the import ban and the list in the Metzenbaum bill for domestic firearms, with the number rather higher (a) in Los Angeles and South Florida, and (b) for "narcotics" and "organized crime" traces.

The study reported a 46% increase in crime use for these guns between 1987 and 1988, and that the increase was continuing into 1989. If true, that criminal misuse is rising far slower than availability, for ATF affidavits suggest that the importation of such rifles increased 900% in the last two years, while traces less than doubled.

ATF is asked to trace only a fraction of the guns used in crime. ATF traced about 35,000 guns, although there were over ten times that many gun-related crimes reported. Clearance rates are not that low, and in fact violent crimes represent only a minority of bases for guns traced. Cox thus found less than 500 so-called "assault weapons" traced in connection with violent crimes, only one tenth of one percent of about 360,000 gun-related violent crimes.

Even if most traces were for real crimes, there are so few traces that nothing can be learned from looking at the guns traced. There are about 180,000 gun-related aggravated assaults reported to police annually, half of which were cleared by arrests, but only 1842 assault-related firearms were traced in the 15 month period. Thus, there was a gun traced for only one percent of aggravated assaults. No one can claim the ability to project involvement of a particular type of firearm in crime based on 1% reporting. Moreover, the 1% is an exaggeration, since it would involve all guns seized from someone arrested for an assault for which traces were requested, not necessarily just the firearm used in the assault.

Cox claims that only 500,000 such guns are privately owned, based on defining imports as "assault weapons" if on the list of guns temporarily banned from importation and domestic if named in the Metzenbaum bill. But ATF has estimated 2-3 million, and Edward C. Ezell of the Smithsonian Institution estimates about 3-4 million. If Los Angeles' tendency to trace military lookalikes is typical of law enforcement nationally, and if Los Angeles has 19% lookalikes compared to 10% nationally, then military lookalikes account for about 1 1/2% of "crime guns." If the ATF/Ezell figures are roughly accurate, then military-style semi-autos also account for about 1 1/2% of firearms owned by Americans and are not disproportionately used in crime. It is significant that Los Angeles was the place where Cox found the highest involvement in trace guns to be the so-called "assault weapons," since Los Angeles is also the place where the police looked into guns seized to get a percentage rather than just to guns traced. So-called "assault weapons" account for 3% of crime guns, according to the Los Angeles police, so their accounting for 19% of the guns traced simply demonstrates that police are more apt to trace so-called "assault weapons." Testimony of Detective Jimmy L. Trahin, Firearms/Ballistics Unit, to Subcommittee on Constitution, Senate Judiciary Committee, May 5, 1989. Trahin noted over 4,000 crime guns in Los Angeles, while Cox noted only 2,740 guns traced in the entire state of California. Clearly, the Cox percentage is based primarily on the fact that so-called "assault guns" are more apt to be traced than any others--and by a substantial margin. Indeed, if Los Angeles' 3% leads to 18% of traced guns, then it is possible that the national finding of roughly 10% of trace guns suggests nationally only about 1 1/2% of crime guns.

The data suggest rifle use in crime is diminishing. In Florida, for example, between 1987 and 1988, rifle use in homicide fell from 3.9% of homicides to 2.6%, according to the Florida Department of Law Enforcement. In Washington, D.C., where drug trafficking was blamed for a 67% increase in the homicide rate between 1987 and 1988, only one homicide involved a rifle of any kind. In Chicago, 1988 saw more murderers using baseball bats than rifles. The Columbus Police Department has reported on the firearms seized during a period of roughly one year (April 29, 1988, to April 21, 1989) during "crack" raids. The 179 firearms seized--which did not include a single semiautomatic centerfire rifle--were in the following proportions:

Revolvers                               51%
Semiautomatic pistols                   30%
Shotguns - long barreled, not semiauto   9%
Shotguns - sawed off                     4%
Shotguns - semiauto                      1%
Rifles - .22 caliber, not semiauto       2%
Rifles - .22 caliber semiauto          0.6%
Rifles - center fire, not semiauto     0.6%

Clearly, rifles of all kinds are the least desirable weapon of criminals, and semiautomatic centerfire rifles are misused far less than ordinary .22 caliber rimfire rifles.

Nationally, according to FBI reports, firearms of all kinds accounted for just 4% of the homicides in 1987 and 1988. This represents a drop from the early 1980s, when over 1000 rifle related homicides annually were reported to the FBI. In the years 1986-88, fewer than 800 rifle-related homicides each year were reported to the FBI. The rifle-related homicide rate has dropped 30% during the 1980s, despite dramatic increases in the number of so-called "assault rifles."

 
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