NEW YORKERS AGAINST GUN VIOLENCE

Working to Reduce Gun-Related Violence Since 1993
 
For Immediate Release
March 28, 2006
 
US HOUSE CONSIDERS PRO-CRIMINAL BILL
HR 5005 WOULD PREVENT LAW ENFORCEMENT FROM USING BALLISTIC TRACE
EVIDENCE TO SOLVE CRIMES
 
NYAGV APPLAUDS MAYOR BLOOMBERG’S TESTIMONY TODAY AGAINST HR 5005
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New York, New York, New Yorkers Against Gun Violence (NYAGV), New York's leading state-wide grassroots gun violence prevention
organization calls on Congress to reject efforts by the gun lobby to limit law enforcement access to ballistic trace information.  HR 5005,
introduced by Mr. Smith of Texas would prohibit law enforcement from receiving complete ballistic trace data from the Bureau of Alcohol,
Tobacco and Firearms (ATF).
 
HR 5005 mimics language included in recent years in the ATF appropriations bill that restricts law enforcement access to crime
scene ballistic trace information.  The bill allows for access to the information only as it relates to a specific criminal case.  Police
Officers attempting to solve gun trafficking crimes need access to all trace information to be able to put together gun trafficking patterns. 
This bill keeps critical forensic information from law enforcement. Jackie Kuhls, NYAGV Executive Director said, “HR 5005 is a boon to gun
traffickers as it ties the hands of law enforcement and makes it exceedingly difficult to prosecute gun trafficking cases that rely
heavily on ballistic trace data.  We should give law enforcement all the tools they need to solve crime, it defies logic to deny them access to forensic data”.
 
The State of  New York is particularly affected by this legislation since the vast majority of crime guns used in  New York City come from
other states, and approximately 40% of crime guns in upstate New York come from other states.  The prosecution of gun traffickers is critical
in the effort to keep illegal guns off of New York’s streets.  Kuhls added, “Mayor Bloomberg has assumed a national leadership role by
facing down the gun lobby and working for laws and practices that will shut down illegal gun trafficking networks.  He does so once again
today by testifying in opposition to this harmful legislation”.
 
This bill does more than keep data from law enforcement.  It also prohibits the use of ballistic trace data in civil actions, another
pro-criminal component of the bill.  Many civil actions against the gun industry, such as New York City’s current lawsuit, seek to stop the
flow of guns into the illegal market by requiring the gun industry to take steps to stop supplying gun traffickers.   Ballistic trace data is
critical to these lawsuits and prohibiting its use simply ensures that gun manufacturers have very little incentive to keep guns out of
illegal hands.  Currently 1% of gun dealers are responsible for almost 60% of crime guns.  Manufacturers could stop supplying these dirty
dealers, and they do not.
 
Kuhls closed, “It is time for Congress to side with the American people and against criminals.  Make no mistake, HR 5005 is a pro-criminal bill
and law makers who support this legislation should be held accountable for taking 21st Century tools away from law enforcement and allowing
illegal guns to flow unabated in our streets.”
. 
Contact:    Jackie Kuhls    917-587-4108
New Yorkers Against Gun Violence 3W 29th St. Suite 1007 New York, NY
10001 212-679-2345
nyagv@nyagv.org    www.nyagv.org