Harry Tuttle
October 10, 2004, 12:05 AM
Gun control group says feds not enforcing laws
Report claims access easy for criminals, especially in California
http://www.dailyreviewonline.com/Stories/0,1413,88~10975~2451510,00.html#
By Josh Richman
STAFF WRITER
Thursday, October 07, 2004 - California ranks dead last among states in per capita number of prosecutions of certain federal gun crimes, according to a gun control group's new report.
But federal officials say the report by Americans for Gun Safety Foundation compares apples to oranges and misrepresents a successful program.
The foundation claims its data show an "enforcement gap" making it too easy for criminals to arm themselves.
"The Justice Department has promised to crack down on the supply of guns to criminals," said foundation executive director Casey Anderson in a news release accompanying the report. "Instead, it has focused on prosecuting criminals only after they get their hands on guns and, in many cases, only after they have used a gun to commit another serious crime."
But Luke Macaulay, spokesman for the U.S. Attorney's office in San Francisco, notes that the nation has seen a 68 percent increase in federal gun prosecutions overall from 2000 to 2003, and stiff federal sentencing rules have resulted in more than two-thirds of these offenders getting three years or more in prison. In Northern California, "we've got more than 400 active gun cases right now, and we're devoting a lot of resources to this," he said.
The foundation studied government data on firearm prosecutions and violent crimes for fiscal years 2000 through 2003, the first three years of the Bush admnistration's "Project Safe Neighborhoods" gun enforcement initiative.
During those years, California's federal prosecutors filed 1,181 cases against felons who possessed firearms or who committed a violent felony with a firearm. That gave the Golden State the eighth-highest number of such prosecutions in the country, but ranked it 50th per capita.
Also, the report claims, only 78 of 13,463 people -- about 0.6 percent -- who lied on their background checks when trying to buy guns were prosecuted in California. Only three corrupt-dealer prosecutions were filed, despite violations found in 34 percent of inspections by the Bureau of Alcohol, Tobacco, Firearms and Explosives. And only 14 prosecutions were brought in California for stolen firearms, even though the state had an estimated 38,200 guns stolen during this period.
Marti McKee, spokeswoman for the ATF in San Francisco, said she has doubts about how the foundation came up with its figures on bogus background-check claims. But even if 13,463 people did lie on the forms, that's
13,463 people who were caught lying and didn't get guns as a result.
"The National Instant Check System is working great -- these sales didn't go through," she said.
Investigating and prosecuting people who were caught lying and didn't get guns has to take a back seat to focusing on those who already have and are using guns illegally, McKee added.
As for corrupt-dealer cases, she said, the vast majority of violations found during the ATF's dealer inspections are administrative in nature, and are met with administrative penalties up to and including license revocation.
Report claims access easy for criminals, especially in California
http://www.dailyreviewonline.com/Stories/0,1413,88~10975~2451510,00.html#
By Josh Richman
STAFF WRITER
Thursday, October 07, 2004 - California ranks dead last among states in per capita number of prosecutions of certain federal gun crimes, according to a gun control group's new report.
But federal officials say the report by Americans for Gun Safety Foundation compares apples to oranges and misrepresents a successful program.
The foundation claims its data show an "enforcement gap" making it too easy for criminals to arm themselves.
"The Justice Department has promised to crack down on the supply of guns to criminals," said foundation executive director Casey Anderson in a news release accompanying the report. "Instead, it has focused on prosecuting criminals only after they get their hands on guns and, in many cases, only after they have used a gun to commit another serious crime."
But Luke Macaulay, spokesman for the U.S. Attorney's office in San Francisco, notes that the nation has seen a 68 percent increase in federal gun prosecutions overall from 2000 to 2003, and stiff federal sentencing rules have resulted in more than two-thirds of these offenders getting three years or more in prison. In Northern California, "we've got more than 400 active gun cases right now, and we're devoting a lot of resources to this," he said.
The foundation studied government data on firearm prosecutions and violent crimes for fiscal years 2000 through 2003, the first three years of the Bush admnistration's "Project Safe Neighborhoods" gun enforcement initiative.
During those years, California's federal prosecutors filed 1,181 cases against felons who possessed firearms or who committed a violent felony with a firearm. That gave the Golden State the eighth-highest number of such prosecutions in the country, but ranked it 50th per capita.
Also, the report claims, only 78 of 13,463 people -- about 0.6 percent -- who lied on their background checks when trying to buy guns were prosecuted in California. Only three corrupt-dealer prosecutions were filed, despite violations found in 34 percent of inspections by the Bureau of Alcohol, Tobacco, Firearms and Explosives. And only 14 prosecutions were brought in California for stolen firearms, even though the state had an estimated 38,200 guns stolen during this period.
Marti McKee, spokeswoman for the ATF in San Francisco, said she has doubts about how the foundation came up with its figures on bogus background-check claims. But even if 13,463 people did lie on the forms, that's
13,463 people who were caught lying and didn't get guns as a result.
"The National Instant Check System is working great -- these sales didn't go through," she said.
Investigating and prosecuting people who were caught lying and didn't get guns has to take a back seat to focusing on those who already have and are using guns illegally, McKee added.
As for corrupt-dealer cases, she said, the vast majority of violations found during the ATF's dealer inspections are administrative in nature, and are met with administrative penalties up to and including license revocation.
