Mr. Speaker, pursuant to House Resolution 1302, I call up the bill (H.R. 1808) to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes, and ask for its immediate consideration in…
Mr. Speaker, pursuant to House Resolution 1302, I call up the bill (H.R. 1808) to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes, and ask for its immediate consideration in the House.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 1808.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today, we take another step to advance historic gun violence prevention legislation. H.R. 1808, the Assault Weapons Ban Act of 2022, restores and updates the prior assault weapons ban that kept weapons of war out of our communities for a decade before Republicans opposed its renewal.
As we have learned all too well in recent years, assault weapons, especially when combined with high-capacity magazines, are the weapon of choice for mass shootings. These military-style weapons are designed to kill the most people in the shortest amount of time. Quite simply, there is no place for them in our streets.
In 1994, we banned these killing machines, and countless lives were saved. But that ban was allowed to lapse 10 years later. Since then, we have seen the predictable results: Mass shootings have increased exponentially in our public spaces. Schools, movie theaters, supermarkets, houses of worship, parades, you name it, have all become vulnerable to attack.
Uvalde, Parkland, Tree of Life Synagogue. How many more mass shootings must we endure? When will we learn?
Well, I hope we are starting to learn today. I hope we are starting to learn today indeed.
The Assault Weapons Ban Act would prohibit the sale, manufacture, transfer, or possession of semiautomatic assault weapons and large- capacity ammunition feeding devices. At the same time, it grandfathers existing semiautomatic assault weapons and contains numerous protections for law enforcement and responsible gun owners, including hunters, gun collectors, farmers, sports shooters, and those who use firearms for self-defense.
It is important to consider today's debate in the context of our other efforts to address the violence plaguing our communities.
Time and again, Democrats have advanced responsible gun safety legislation, only to face Republican opposition.
We have advanced legislation to conduct background checks for all gun sales, to close the Charleston loophole, to close the boyfriend loophole, and to keep guns away from those who are a danger to themselves or others.
We advanced my bill, the Protecting our Kids Act, and we sent the President the Bipartisan Safer Communities Act, which was signed into law and will save lives. These proposals were opposed by all but a few of our Republican colleagues.
Today, they have another chance to take the action needed to make our communities safer. Will they stand with us? Will they show that they have learned? Or will they stand with an industry that right now is promoting a weapon to civilians that is powerful enough to shoot through bulletproof vests?
Will our Republican colleagues choose to defend the weapons of choice for mass murderers and those who seek to target law enforcement? Or will they choose to defend Americans who simply want to go to school, to go shopping, to march in a parade, or to go to a movie theater without the fear of having a target on their back? It is an easy choice for me.
I thank Congressman Cicilline for his leadership on this important legislation, I urge all of my colleagues to join me in supporting it, and I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the distinguished Speaker of the House.
Mr. Speaker, I yield 4 minutes to the gentleman from Rhode Island (Mr. Cicilline), the sponsor of this bill and a member of the Judiciary Committee.
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Lofgren), a distinguished member of the Committee on the Judiciary.
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee), a member of the Committee on the Judiciary.
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Garcia), a member of the Committee on the Judiciary.
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Colorado (Mr. Neguse), a member of the Committee on the Judiciary.
Mr. Speaker, I yield 1 minute to the gentlewoman from Pennsylvania (Ms. Dean), a member of the Committee on the Judiciary.
Fact: Contrary to Mr. Roy, this bill takes away nobody's weapons because existing weapons are grandfathered in if he would only read the bill.
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Escobar), who is a member of the Judiciary Committee.
Mr. Speaker, contrary to Mr. Roy, I include in the Record a report from Third Way titled ``The Red State Murder Problem''.
[From Third Way, Mar.15, 2022]
The Red State Murder Problem
(By Kylie Murdock and Jim Kessler)
Every news outlet from FOX to CNN to The New York Times to
local newspapers has a story with attention-grabbing
headlines like ``US cities hit all-time murder records.'' Fox
News and Republicans have jumped on this and framed it as a
``Democrat'' problem. They blame it on Democrat's ``soft-on-
crime'' approach and have even referred to a New York
District Attorney's approach as ``hug-a-thug.'' Many news
stories outside of Fox have also purported that police reform
is responsible for this rise in murder and have pointed to
cities like New York and Los Angeles.
There is a measure of truth to these stories. The US saw an
alarming 30% increase in murder in 2020. While 2021 data is
not yet complete, murder was on the rise again this past
year. Some ``blue'' cities, like Chicago, Baltimore, and
Philadelphia, have seen real and persistent increases in
homicides. These cities--along with others like Los Angeles,
New York, and Minneapolis--are also in places with wall-to-
wall media coverage and national media interest.
But there is a large piece of the homicide story that is
missing and calls into question the veracity of the right-
wing obsession over homicides in Democratic cities: murder
rates are far higher in Trump-voting red states than Biden-
voting blue states. And sometimes, murder rates are highest
in cities with Republican mayors.
For example, Jacksonville, a city with a Republican mayor,
had 128 more murders in 2020 than San Francisco, a city with
a Democrat mayor, despite their comparable populations. In
fact, the homicide rate in Speaker Nancy Pelosi's San
Francisco was half that of House Republican Leader Kevin
McCarthy's Bakersfield, a city with a Republican mayor that
overwhelmingly voted for Trump. Yet there is barely a
whisper, let alone an outcry, over the stunning levels of
murders in these and other places.
We collected 2019 and 2020 murder data from all 50 states.
(Comprehensive 2021 data is not yet available.) We pulled the
data from yearly crime reports released by state governments,
specifically the Departments of Justice and Safety. For
states that didn't issue state crime reports, we pulled data
from reputable local news sources. To allow for comparison,
we calculated the state's per capita murder rate, the number
of murders per 100,000 residents, and categorized states by
their presidential vote in the 2020 election, resulting in an
even 25-25 split.
We found that murder rates are, on average, 40% higher in
the 25 states Donald Trump won in the last presidential
election compared to those that voted for Joe Biden. In
addition, murder rates in many of these red states dwarf
those in blue states like New York, California, and
Massachusetts. And finally, many of the states with the worst
murder rates--like Mississippi, Kentucky, Alabama, South
Carolina, and Arkansas--are ones that few would describe as
urban. Only 2 of America's top 100 cities in population are
located in these high murder rate states. And not a single
one of the top 10 murder states registers in the top 15 for
population density.
Whether one does or does not blame Republican leaders for
high murder rates, it seems that Republican officeholders do
a better job of blaming Democrats for lethal crime than
actually reducing lethal crime.
If you're tuned in to the media, you'd think murder is
rocketing skyward in New York, California, Illinois. But
those states don't even crack the top ten.
In fact, the top per capita murder rate states in 2020 were
mostly those far from massive urban centers and Democratic
mayors and governors. Eight of the top ten worst murder rate
states voted for Trump in 2020. None of those eight has
supported a Democrat for president since 1996.
The chart below shows the top 10 murder rate states in
2020. Mississippi had the highest homicide rate at 20.50
murders per 100,000 residents, followed by Louisiana at
15.79, Kentucky at 14.32, Alabama at 14.2, and Missouri at
14. The national average was 6.5 per 100,000 residents, but
the top five states had rates more than twice that high.
These red states are not generating ``murder is out of
control'' national headlines. They seem to generate no
headlines at all. The rest of the top ten were filled out by
South Carolina, New Mexico, Georgia, Arkansas, and
Tennessee--all states rarely talked about in breathless media
reports about rampant crime in Democratic strongholds.
Notably, New Mexico and Georgia were the only Biden-voting
states in the top ten, and they ranked seventh and eighth,
respectively.
Five of the largest Biden-voting states by population, and
those often in the news when it comes to crime, had much
lower murder rates. New York at 4.11 per 100,000 residents,
California at 5.59, and New Jersey at 3.70 were each well
below the national average. Pennsylvania (7.22) and Illinois
(9.20) were higher than the national average. But
Mississippi's murder rate was nearly 400% higher than New
York's, more than 250% higher than California's, and about
120% higher than Illinois's. In fact, the five states with
the highest murder rates, all Trump-voting states, had rates
at least 240% higher than New York's murder rate and at least
150% higher than California's, the homes to some of the
largest cities featured prominently in the ``crime is out of
control'' narrative.
Beyond the top 10, we looked at the 2020 murder rates in
the 25 states that voted for Donald Trump and compared it
with the murder rates in the 25 states that voted for Joe
Biden. The 8.20 murders per 100,000 residents rate in Trump
states was 40% higher than the 5.78 murders per 100,000
residents in Biden states. These Biden-voting states include
the ``crime-is-out-of-control'' cities of Los Angeles, New
York City, Chicago, Detroit, Philadelphia, Portland,
Baltimore, and Minneapolis, among other large cities.
Among the 50 states, murder rates were often well above the
national average in many Republican-controlled states and
cities. Jacksonville with 176 homicides and a murder rate
(19.776) more than three times that of New York City (5.94)
has a Republican mayor. Tulsa (19.64) and Oklahoma City
(11.16) have Republican mayors in a Republican state and have
murder rates that dwarf that of Los Angeles (6.74).
Lexington's Republican mayor saw record homicides in 2020 and
2021, with a murder rate (10.61) nearly twice that of New
York City. Bakersfield (11.91) and Fresno (14.09) each have
Republican mayors and murder rates far higher than either San
Francisco or Los Angeles.
Of course, some cities controlled by Democrats have
alarming murder rates, like Chicago (28.49) and Houston
(17.32). But we hear about these and other Democrat-run
cities all the time. We aren't getting the whole picture.
In 2020, murder rates increased nearly everywhere. But they
increased more in Trump-voting states than Biden-voting
states, albeit slightly. The average increase in murder rate
across all Trump-voting states was 32.2% compared to 30.8% in
Biden-voting states.
Three out of the five states with the highest murder rates
in 2020--Mississippi, Missouri, and Alabama--didn't have
reliable 2019 data available, so they weren't included in
this analysis.
Three of the five states with the largest increase in
murder rate were Trump-voting Wyoming at 91.7%, South Dakota
at 69%, and Nebraska at 59.1%. These states are decidedly
rural and do not conform to the chaos-in-the-city meme that
has overtaken the crime debate. Biden-voting Wisconsin came
in at the number three spot at 63.2% and Minnesota came in
fifth at 58.1%. Out of the top ten states, six were Trump-
voting states--with the additional three being Kentucky, West
Virginia, and Kansas. The remaining states in the top ten
were Delaware and Washington. Only one of the top ten states
in murder rate increases, Delaware, was among the top twenty
in population density.
Again, California, New York, and Illinois aren't in the top
ten. California's murder rate increase was 31.1%, or about
the national average. Both New York (45.8%) and Illinois
(38.2%) were above the national average.
The current narrative around crime and murder is convenient
and wrong. Whether you're watching CNN or Fox News, or
getting news online or from a traditional newspaper, you
would think that the increase in murder is a phenomenon found
mostly in liberal cities. Many have tried attributing this
increase to Democratic policies, specifically police reform.
Republican lawmakers and ad makers have contributed to this
narrative through clever messaging and strategies.
But the data clearly paint a different story. The increase
in murders is not a liberal cities problem but a national
problem. Murder rates are actually higher in Republican,
Trump-voting states that haven't even flirted with ideas like
defund the police. Eight of the ten most lawless, high-murder
states are not only Trump-voting states, but GOP bastions for
the last quarter of a century. A more accurate conclusion
from the data is that Republicans do a far better job blaming
others for high murder rates than actually reducing high
murder rates.
We sought 2019 and 2020 murder data from all 50 states. Our
primary source was the annual crime reports released by state
governments, more specifically from their Departments of
Justice or Public Safety. We chose state data because we
found it's more comprehensive than FBI data which is often
compiled later. For example, ``the FBI estimated crime
statistics for Mississippi are based on data received from
113 of 251 law enforcement agencies in the state that year.''
37 states had crime reports for the years 2019 and 2020:
Alaska, Arkansas, Arizona, California, Colorado, Connecticut,
Delaware, Florida, Iowa, Idaho, Illinois, Kansas, Kentucky,
Massachusetts, Maine, Michigan, Minnesota, Montana, North
Carolina, North Dakota, Nebraska, New Hampshire, New Jersey,
Nevada, New York, Oklahoma, Pennsylvania, Rhode Island, South
Carolina, South Dakota, Tennessee, Texas, Utah, Virginia,
Washington, Wisconsin, and Wyoming. For the remaining states
we pulled data from published public sources: Alabama--US
News, Georgia--US News, Hawaii--The Center Square, Indiana--
Hartford City News
Times, Louisiana--US News, Maryland--Ocean City Today,
Mississippi--US News, Missouri--US News, New Mexico--US News,
Ohio--Axios, Oregon--KOIN, Vermont--WCAX, West Virginia--The
Center Square. In seven states, the public sources only
provided murder per capita rates, so using the rates and
census population data, we estimated the number of murders in
that state. Data and sources are attached above.
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Florida (Ms. Wasserman Schultz).
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Illinois (Mr. Schneider).
Mr. Speaker, I include in the Record a letter of endorsement of the assault weapons ban from the Major Cities Chiefs Association, a professional organization of law enforcement executives representing the largest cities in the United States.
Major Cities Chiefs Association,
July 20, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Hon. Jim Jordan,
Ranking Member, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Chairman Nadler and Ranking Member Jordan: I write on
behalf of the Major Cities Chiefs Association (MCCA), a
professional organization of law enforcement executives
representing the largest cities in the United States and
Canada. Thank you for including H.R. 1808, the Assault
Weapons Ban of 2022, in today's markup. The MCCA was proud to
endorse this legislation when it was introduced earlier this
Congress.
The MCCA has long advocated for sensible firearms and gun
safety policies. In 2018, the Association adopted a Firearms
Violence Policy that consists of several common-sense
reforms, including banning assault weapons and high-capacity
magazines. Many law enforcement officials have closely
studied assault weapons and firearms with high-capacity
magazines and determined they have no reasonable sporting or
hunting purpose.
Assault weapons and high-capacity magazines also represent
a significant threat to law enforcement officers responding
to violent crimes. For example, the suspect who murdered NYPD
Officers Jason Rivera and Wilbert Mora in January 2022 used a
firearm with a high-capacity magazine that allowed his gun to
hold 40 additional rounds. Earlier this month, Detroit PD
Officer Loren Michael Courts was killed by a suspect with an
AK-47-style pistol that would have been banned under H.R.
1808.
The MCCA encourages all Members of the Committee to support
the Assault Weapons Ban of 2022 and report it favorably
during today's markup.
Sincerely,
Jeri Williams,
Chief, Phoenix Police Department,
President, Major Cities Chiefs Association.
Mr. Speaker, I include in the Record a report from the Violence Policy Center entitled, ``Target: Law Enforcement, Assault Weapons in the News.''
Section One
Introduction: Background on Assault Weapons and Federal Attempts at
Their Regulation
Assault weapons. Semiautomatic assault weapons are civilian
versions of automatic military assault rifles like the AK-47
and the M-16. The civilian guns look the same as their
military brethren because they are identical functionally,
except for one feature: military assault rifles are machine
guns. A machine gun fires continuously as long as its trigger
is held back--until it runs out of ammunition. Civilian
assault rifles, in contrast, are semi-automatic weapons. The
trigger of a semiautomatic weapon must be pulled back
separately for each round fired. Because federal law has
banned the sale of new machine guns to civilians since 1986
and heavily regulates sales to civilians of older model
machine guns, there is virtually no civilian market for
military assault weapons. Nonetheless, civilian semiautomatic
assault weapons have proven every bit as deadly as their
military counterparts.
Regulation of assault weapons. The regulation of
semiautomatic assault weapons has been a contentious subject
for more than two decades.
In the 1980s foreign manufacturers (principally China)
began dumping semiautomatic versions of the Soviet-designed
AK-47 military assault rifle--a ubiquitous staple of the
world-wide small arms trade--onto the U.S. civilian firearms
market. Colt Industries, a domestic manufacturer, was also
marketing the AR-15, a semiautomatic version of its M-16
machine gun, the standard U.S. military infantry rifle. The
gun industry introduced these semiautomatic versions of
military assault weapons in order to create and exploit new
civilian markets. More particularly, the industry found in
assault weapons a product to compensate for a slump in
handgun sales. Importers and manufacturers rushed copycats
and new models to market. By the end of the decade, a roster
of semiautomatic assault weapons had become household words,
boosted into daily language as much by their glamorization in
entertainment media as by their deadly toll on America's
streets. These guns included, among others, assault pistols
like the MAC-10, MAC-11, and TEC-9, the Ruger Mini-14 rifle,
and several versions of the Israeli Military Industries UZI.
No comprehensive statistics were available about the misuse
of the hundreds of thousands of assault weapons pouring onto
the Nation's streets. But by 1988 police departments and
other law enforcement agencies were often on the receiving
end of assault weapons firepower. Many of them demanded that
the federal government take action to stringently control or
ban semiautomatic assault weapons. In February 1988, for
example, Prince George's County (Maryland) Police Chief
Michael J. Flaherty stated, ``The real issue is the safety of
our officers.'' Holding up a TEC-9 assault pistol, he added,
``It's not used for hunting, and it's not used for sporting
events. In my opinion, they should not be sold in the United
States.''
In 1989 the federal government took a modest regulatory
step. At the urging of William J. Bennett, the director of
the Office of National Drug Control Policy under President
George H. W. Bush, the Bureau of Alcohol, Tobacco and
Firearms (ATF) barred the import of a handful of specific
models, including AK-type and UZI assault rifles. The move
was based on a federal statute that effectively limits the
import of firearms to those that are ``generally recognized
as particularly suitable for or readily adaptable to sporting
purposes.'' This ``sporting purposes'' test does not apply to
domestically manufactured firearms, however. Law enforcement
officials quickly complained that the putative ban did not
reach many of the most dangerous weapons they faced,
including semiautomatic assault pistols made in the United
States (e.g., the MAC-10, MAC-11, and TEC-9, among others).
Although the Bush Administration claimed to have been
conducting a wide review with the goal of further regulation,
strong opposition by the National Rifle Association (NRA) and
the firearms industry squelched any further regulatory moves
by the Administration. Within a year, Bennett announced
himself opposed to any further regulation, declaring his
opposition at a February 1990 Senate hearing, stating, ``I
don't know a damn thing about guns!''
In 1994, President William J. Clinton signed the 1994
federal assault weapons ``ban.'' The law defined assault
weapons in two different ways--by a list of specific firearm
types, and by a generic description. Thus, the law
specifically named 19 types of guns (e.g., ``Norinco,
Mitchell and Poly Technologies Avtomat Kalashnikovs'') as
assault weapons covered by the putative ``ban.'' It also
generally defined as assault weapons semiautomatic firearms
that could accept a detachable magazine and had any two of a
list of specified design characteristics (e.g., bayonet
mount, folding stock). The 1994 law was deeply flawed. At the
outset it exempted millions of semiautomatic assault weapons
by ``grandfathering'' all such firearms legally owned as of
the date of enactment. For these guns, it was as if the law
had never been passed. They continued to be bought and sold,
many at gun shows where no questions are asked of prospective
buyers in nominally ``private'' sales. Moreover, some of the
design characteristics by which new production or imports
were to be defined as banned assault weapons were simply a
laundry list of superficial cosmetic features that had
nothing to do with the weapons' most deadly functional
features. The gun industry quickly and easily evaded the 1994
law by making slight, cosmetic changes to the supposedly
banned firearms. Gun manufacturers and importers soon openly
boasted of the ease with which they could circumvent the ban.
By the time the 1994 law expired (sunset) in 2004, there were
actually many more types and models of assault weapons
legally on the civilian market than before the law was
passed.
In April 1998 the Clinton Administration attempted to
staunch the flow of cosmetically redesigned foreign assault
weapons by strictly interpreting the ``sporting purposes''
test for imports. The action--taken independent of the 1994
law and intended to close the cosmetic redesign loophole for
imports--was reported to have blocked 58 types of assault
weapons, including in one swoop importation permits pending
at the time for as many as 1.6 million guns. Since this
administrative determination and action has never been
rescinded, it should have survived the expiration of the
broader 1994 assault weapons ban. However, there is
substantial evidence--including extensive gun industry
advertising--which compels the conclusion that the George W.
Bush Administration either ignored or effectively gutted
through administrative artifice the 1998 Clinton import
controls. This evidence includes the following facts.
There are numerous companies that appear to be importing
AK-47 and other assault weapons of the type clearly
prohibited by the import ban. The Russian American Armory
Company offers the Saiga rifle, an AK-47 variant that was one
of the guns specifically excluded from import under the 1998
Clinton rule. The Fabrique Nationale Herstal PS90 assault
rifle, a favorite of Mexican drug cartels, is manufactured in
Belgium and imported by the company's U.S. subsidiary, FN
USA, according to the company's catalogs and promotional
materials.
There seems to have been a substantial increase in the past
few years of assault weapons made primarily from imported
parts that skirt the import ban by incorporating a small,
minimum number of US-made parts into imported assault weapons
(27 C.F.R. Sec. 478.39 prohibits the assembly of a
semiautomatic rifle or any shotgun using more than 10
enumerated parts that are imported if the assembled firearm
is prohibited from importation under 18 USC 925(d)(3)).
ATF has further weakened the prohibition on imported
assault weapons by placing certain extremely problematic
assault rifles on the ``curios or relics'' list. Inclusion on
the ``curios or relics'' list makes a shotgun or rifle
automatically eligible for importation (18 USC
Sec. 925(e)(1)). The most problematic of these are certain
SKS assault rifles manufactured in Yugoslavia and Albania.
The SKS type assault rifle is the ``rifle most commonly
encountered by law enforcement'' according to ATF and is
frequently used to kill police officers. The Clinton
Administration specifically banned SKSs from China and Russia
from import through trade agreements because they are so
frequently involved in crime.
There are examples of firearms being imported that seem to
clearly fall outside of the ``sporting purposes'' test
articulated in 925(d)(3). For example, J&G Sales advertises
``Romanian AK Pistol[s]'' along with Romanian and Hungarian
AK-47 assault rifles.
For all practical purposes, it thus appears that the
federal government has abandoned all attempts to regulate
commerce in assault weapons into and within the United
States. As a result, an unknown but certainly substantial
number of foreign assault weapons poured into the United
States during the Bush Administration and continue to under
the Obama Administration. This is in addition to the enormous
number of firearms exempted from, or manufactured in easy
evasion of, the 1994 law. The only meaningful attempts at
regulating this flood of killing machines exist at the state
level. One outstanding example is California's assault
weapons ban, which has been hammered into an effective ban
after the now-predictable gun industry attempts to evade the
intent of the original law. Even California's law, however,
is undermined by the lack of a strong and effective federal
ban, allowing for out-of-state assault weapons to be
illegally trafficked into the state.
The current study. This study is a snapshot of the effect
of America's laissez-faire policy toward assault weapons.
Based on reports of assault weapons in the news over a two-
year span, it makes clear that assault weapons are frequently
used in crime and confiscated from criminals. Moreover, it
demonstrates that the number of incidents in which law
enforcement officers are reported to have been confronted
with assault weapons rose dramatically in the two-year period
monitored.
Section Two
Sources for This Analysis
The dearth of data. Firearms enjoy the dubious distinction
of being the only consumer product not subject to federal
public health and safety regulation. Moreover, there is no
national database tracking deaths and injuries from specific
types and models of firearms. And only the most rudimentary,
summary information is collected at any level about criminal
use of firearms. As a result, public policy analysts,
legislators, and public health and safety administrators must
make do with crude data and anecdotal analysis. This is
neither an accident nor a product of inattention. It is the
deliberate result of a coldly calculated long-term policy of
strangling information about guns and their public health
effects designed by the National Rifle Association and its
major client, the gun industry, and implemented by an all-
too-pliant Congress. The firearms industry and gun lobby know
that if as much data were available to the public about death
and injury resulting from firearms as is available about, for
example tires, toys, or Tacoma pick-up trucks, the gun lobby
would lose the public debate.
The Tiahrt Amendment. A blatant and crucial example of this
iron curtain surrounding information about the carnage and
criminality caused by firearms is a federal spending
prohibition known as the ``Tiahrt Amendment.''
For the past six fiscal years (2004 through 2010),
legislation making appropriations for ATF has contained
language severely restricting release of information about
guns traced to crime scenes contained in the agency's
Firearms Tracing System database. This restriction has become
known as the ``Tiahrt Amendment,'' after its principal
sponsor, Representative Todd Tiahrt of Kansas.
For many years, crime gun tracing data was publicly
available under the provisions of the Freedom of Information
Act (FOIA). It was an imperfect but extraordinarily useful
surrogate for a badly needed, but nonexistent, national
firearms and public health database and tracking system.
Crime gun tracing data was routinely used by city officials
and law enforcement agencies to determine the sources of
illegally trafficked firearms and to identify corrupt gun
dealers and the types of guns most often traced to crime. The
``Tiahrt Amendment'' cut off even this basic data. It
prohibits ATF from releasing any data contained in the
database, except in a limited fashion to individual law
enforcement agencies. There is also a prohibition on use of
the data in civil litigation.
Proponents of the ``Tiahrt'' restrictions claim that the
release of tracing data could interfere with ongoing law
enforcement investigations. However, prior to implementation
of the ``Tiahrt Amendment'' exemptions to the FOIA enabled
ATF to withhold any information that could interfere with law
enforcement investigations. The FOIA explicitly protects from
disclosure any information that would interfere with
enforcement or reveal confidential information. Moreover, ATF
compilations of tracing data (e.g., top 10 crime guns) bore
no conceivable relation to the compromise of any
investigation. The ``Tiahrt Amendment'' simply represents an
unwarranted and cynical restriction on public access to
information, enacted in the interest of protecting the gun
industry and acquiesced to by a Congress frightened by the
Mr. Speaker, I yield 1 minute to the distinguished gentleman from New York (Mr. Higgins).
MR. HIGGINS of New York. Mr. Speaker, no technology advances more quickly in our society than the technology of killing. Every day, weapons of mass destruction are being made and manipulated to kill more people more quickly.
In Buffalo, New York, May 14, one shooter, a racist shooter, went into a supermarket on Jefferson Avenue and shot 13 people, killing 10 of them. The shooting started and was completed in 2 minutes and 3 seconds; one shooter.
I often heard it said that the best way to stop a bad guy with a gun is a good guy with a gun. There was a good guy with a gun in the store that day that was working security; a retired 30-year-veteran of the Buffalo Police Department. But he was helpless because he was outgunned by the bad guy with the gun who had an assault rifle.
I thank Mr. Cicilline for his leadership on this issue, for his thoughtful approach to this, and I urge my colleagues to support this legislation.
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from California (Ms. Chu).
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Texas (Mr. Green).
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Nevada (Ms. Titus).
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Connecticut (Ms. DeLauro), the Chairman of the Appropriations Committee.
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Virginia (Mr. Connolly).
Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer), the distinguished majority leader of the House.
Mr. Speaker, I yield myself such time as I may consume.
The previous speaker on the Republican side said that citizens must be able to meet the government with equal arms. The United States Government has hydrogen bombs. Does he think that every citizen ought to have a hydrogen bomb?
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Rhode Island (Mr. Langevin).
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Illinois (Ms. Schakowsky).
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Ohio (Ms. Kaptur).
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Tennessee (Mr. Cohen), a member of the Judiciary Committee.
Mr. Speaker, how much time remains on each side?
Mr. Speaker, I am prepared to close, and I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time to close.
Mr. Speaker, it is no surprise that assault weapons are the weapon of choice for mass shooters and those who target law enforcement. They are designed for ruthless efficiency, killing the most people in the shortest amount of time.
The gentleman from Ohio is right, I did say in the committee, ``Spare us the BS.'' I meant the Republican BS about the Constitution, about the Second Amendment.
The Second Amendment is designed not to allow people to fight the government.
Do they want to take up arms against American troops? Is that what they say?
That is what they say. You saw what that did with the insurrection we had recently, and that was a mild case.
No, the Second Amendment is designed to allow for a well-regulated militia, which is to say in our day the National Guard.
The assault weapons ban would take the weapons of war off our streets and save countless lives, and that is why it is supported by all associations of police, the American Federation of Teachers, the American College of Physicians, the American Public Health Association, the National Alliance to End Sexual Violence, the National Organization of Black Law Enforcement Executives, the Major Cities Chiefs Association. They know what they are doing.
The assault weapons ban would take these weapons of war off our streets. It would prevent more of the Uvaldes, more of the Parklands, more of the Tree of Life synagogues.
Mr. Speaker, I urge all Members to support this important legislation, and I yield back the balance of my time.