"Lame Duck" Congress May Address
"Ballistic Fingerprinting", Lawsuit
Preemption & Arming Pilots
With Congress currently poised to adjourn for the year, there are so
many critical issues left unaddressed that lawmakers will need to
reconvene for a special "lame duck" session following the November 5
elections. During this session, there are several firearm-related
proposals that may be considered.
Of course, NRA has been promoting the
passage of two particular measures for quite some time...
- a prohibition on
reckless lawsuits designed to bankrupt law-abiding gun manufacturers,
and
- the establishment of an effective armed pilots program
...and we will
work to ensure these measures are addressed.
Recently, however, the issue of "ballistic fingerprinting" has been
receiving a great deal of attention. This attention will possibly lead
to action on legislative proposals that would either encourage studying
the feasibility of a "ballistic fingerprinting" scheme, or would simply
mandate such a scheme be implemented, regardless of whether it has any
potential of being an effective crime-solving tool.
NRA, of course, has always welcomed any technology that obstructs
criminals and is not used to infringe upon the rights of law-abiding
citizens. For that reason, NRA has been on record as supporting H.R.
3491, The Ballistic Imaging Evaluation and Study Act of 2001, and its
Senate counterpart S. 2581, since their introduction more than six
months ago. But we cannot support a "ballistic fingerprinting"
proposition (H.R. 408 & S. 3096) that its sponsor says would set up a
"national gun database."
"Ballistic fingerprinting" is a misleading phrase, because human
fingerprints, DNA, or other biometric data can't be altered. But
markings on fired cartridge cases and bullets do change for a variety of
reasons.
Furthermore, there's serious debate within the law enforcement
community whether such "ballistic fingerprinting" is reliable. Police
criminalists and forensic scientists have studied such a system and
called it "impractical." (California Department of Justice,
Bureau of Forensic Services). In fact, an
October 10 article on Newsday.com by
William J. Vizzard - a retired agent with the Bureau of Alcohol, Tobacco &
Firearms (BATF) who now serves as the chair of the Division of Criminal
Justice at California State University-Sacramento - spells out many of the
flaws with "ballistic fingerprinting." Vizzard points out problems such
as
- the substantial cost of such a system,
- limits as to how many firearms
would actually be included in the database, and
- legal questions
regarding the evidential chain of custody for samples.
And considering
most criminals obtain their firearms through illegal channels, such as
by theft, tracing firearms back to the last legal owners would likely
result in a dead end for any investigation.
An article by researcher Steven Milloy, posted today to
FOXNews.com,
also points out the problems with ballistic "fingerprinting." Milloy
addresses the study conducted by the California Department of Justice,
Bureau of Forensic Services, pointing out the numerous flaws with
"ballistic fingerprinting" exposed by the study. But Milloy notes,
"Shockingly, the California experts were silenced by California's
pro-gun control Attorney General Bill Lockyer (D). One panel member
said he was gagged by the AG's office, not only about the study, but
about the entire topic."
The many problems with ballistic "fingerprinting" that have been
exposed by the California study, coupled with the transitory nature of
these so-called "fingerprints," led NRA EVP Wayne LaPierre and
NRA-ILA
Executive Director Chris Cox to comment in a joint release on the
subject, "[I]t defies reason why a criminal or terrorist intent on
violence would not avail himself of a firearm never subjected to
'fingerprinting,' altered into anonymity, or imported from another
country."
The release went on to point out that, "[F]or lawful gun owners, this
["ballistic fingerprinting"] scheme is national gun registration, and
certain to produce confusion, misidentification and wrongful suspicion.
That's why 'ballistic fingerprinting' of handguns in Maryland and New
York, the only states that require it, hasn't solved a single gun
crime."
"Maryland and New York taxpayers," LaPierre and Cox continued, "might
rightfully ask whether the millions of dollars required to create and
maintain such a system could be better spent on vital law enforcement
needs. Before squandering billions of dollars to deploy such a system
nationwide, American taxpayers-despite national alarm in the wake of
tragedy-should ask that question, too."
For more information on ballistic "fingerprinting," please visit
NRAILA.org, where you can find the complete joint release from Wayne
LaPierre and Chris Cox. You can also find a Fact Sheet called
"Ballistic Fingerprinting" -- The Maryland Example by going to the
section called
Research, then selecting
"Registration & Licensing."
In addition to the issue of ballistic "fingerprinting," reckless
lawsuit preemption legislation - which would block politically-motivated
lawsuits that attempt to hold law-abiding gun makers liable for the
criminal misuse of their products - still needs to move through both
chambers of Congress. The House version, H.R. 2037, has 231 co-sponsors
and has been passed by two committees. Its next stop should be the
House floor for full consideration. The Senate version, S. 2268, now
has 44 co-sponsors. The number of co-sponsors for each bill shows solid
support, but time is rapidly running out for lawmakers to pass these
critical reforms. Please call both your U.S. Senators and your U.S.
Representative and urge them to promote the passage of reckless lawsuit
preemption legislation.
Also, the U.S. Senate still needs to act on H.R. 5005 - the legislation
that would create a Homeland Security Department and which contains the
Smith amendment. The Smith amendment seeks to establish an armed pilots
program that would allow qualified commercial pilots to be able to have
access to firearms as a last line of defense against terrorist
hijackers. Please continue to contact your U.S. Senators and urge them
to keep the Smith amendment intact, and to do everything possible to
ensure any armed pilots program passed includes every pilot interested
in participating in the program.
To contact your U.S. Representative, call (202) 225-3121, and to reach
your U.S. Senators, call (202) 224-3121. Just ask to speak with your
particular lawmaker. Those on the Internet can also use our "Write Your
Representatives" tool at www.NRAILA.org.
Related Stories...
More About Federal Issues
NSSF - Firearms Industry Urges Study of Ballistic Imaging (Oct 2002)
Support for Armed Pilots Remains High - Opposition Waning (July 2002)
Magaw & Mineta Say "NO" to Armed Pilots (May 2002)
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