by Matthew Donohue, USCM Intern
April 10, 2006

New York City Mayor Michael Bloomberg testified before a House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security March 28 urging it to reject proposed legislation on gun trafficking.

H.R. 5005, The Firearms Corrections and Improvement Act, would prohibit the disclosure of records of gun sales maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to local law enforcement agencies used to fight gun trafficking in an effort to preserve the privacy of gun owners and sellers.

In his testimony, Bloomberg strongly urged the Subcommittee, chaired by Rep. Howard Coble (NC), to reject the “God awful piece of legislation” that would, according to Bloomberg, cripple local police department’s ability to track illegally purchased guns used in violent crimes.

“The bill this Subcommittee is considering,” Bloomberg told the Subcommittee, “would explicitly impinge on our ability to fight illegal gun trafficking, and would result in the shooting deaths of innocent people.”

According to Bloomberg, 82 percent of guns used in crimes in New York City were purchased outside of New York state and 300 of the 540 homicides committed in New York last year used illegal guns.

The ATF used to share the information it compiled regarding gun trafficking with local law enforcement agencies, but in recent years amendments to appropriations bills have prohibited the ATF from sharing this information. The legislation being debated by the Subcommittee would make the prohibition of information sharing between the ATF and local police department’s permanent.

According to Bloomberg, the legislation would also significantly impede the investigation of gun trafficking across state borders and into cities by local law enforcement agencies.

Bloomberg also testified that he was submitting letters from mayors around the country who join him in opposing the legislation. Letters from Chicago Mayor Richard M. Daley, Boston Mayor Thomas M. Menino, Seattle Mayor Greg Nickels, and Philadelphia Mayor John Street, who also oppose the legislation, were entered into the record of the House hearing.

According to Bloomberg, the proposed legislation interferes with investigation practices of local law enforcement agencies. If H.R. 5005 passed, it would be a crime for a law enforcement officer to share ATF tracking information with members of other law enforcement agencies, Bloomberg testified.

As an example, Bloomberg mentioned that under the proposed legislation, if an NYPD Detective shared information regarding a gun dealer with a New Jersey State Trooper, the Detective could go to jail.

Bloomberg testified at the request of the Subcommittee’s Democratic minority. His testimony also put him at odds with the Republican majority and Bloomberg debated the bill with the Subcommittee’s majority members after his testimony.

Rep. Tom Feeney (FL) shared his concern, saying that, “Individual jurisdictions will try to effect national policy by suing licensed gun dealers that have not committed a crime that the ATF finds them responsible for, but that some judge, in some local jurisdiction, does.”

Bloomberg disagreed with Feeney’s assessment. “Why would Congress protect the irresponsible gun dealers who help criminals get guns?” Bloomberg asked the Congressman. “Why is it good public policy to make cities fight the war against gun violence with one hand tied behind their backs?”

The Subcommittee is expected to resume debating the bill some time after the two-week long Spring recess, which begins April 10.