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To: info-firearms-politics@hsdndev.harvard.edu
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From: pstouffl@dsg.harvard.edu (Paul Stoufflet)
Newsgroups: info.firearms.politics
Subject: Re: mojo speaks...
Followup-To: info.firearms.politics
Date: Fri, 25 Feb 1994 12:10:38 +0000
Organization: Decision Systems Group
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In article <holdwick_marc-230294191653@mac-am-14.cig.mot.com>,
holdwick_marc@macmail1.cig.mot.com (Marc Holdwick) wrote:

> 
> Would someone tell me what the rules governing the ATF's tracing of a
> firearm are?  Can they trace anything, anytime, for any reason?  Or do they
> need a good reason (a warrant or crime commited) before they can trace?
> 

Mark asks how valid the Cox study is, as it uses BATF traces to infer that
"assault weapons" are disproportionately involved in criminal activity.
Following is testimony by James J Baker before congress regarding that
very study.

For those of you who automatically think Baker is lying, as he is
affiliated with the NRA, look only at the tables from the BATF.
They show that the most common reason for these traces is "miscellaneous",
excluding crimes.

BEGIN ARTICLE ------

         ANALYSIS OF THE COX ATLANTA JOURNAL CONSTITUTION

              21 MAY 1989 ARTICLE ON ASSAULT WEAPONS

             APPENDIX TO TESTIMONY OF JAMES J. BAKER
                     DIRECTOR-FEDERAL AFFAIRS
                    NATIONAL RIFLE ASSOCIATION
                 INSTITUTE FOR LEGISLATIVE ACTION

                            BEFORE THE
         SELECT COMMITTEE ON NARCOTICS ABUSE AND CONTROL
                  U.S. HOUSE OF REPRESENTATIVES

           THE RELATIVE LACK OF CRIMINAL MISUSE OF
        SEMIAUTOMATIC RIFLES WITHIN THE UNITED STATES

    This hearing primarily concerns the sources of supply of
small arms to Colombian antigovernment forces and drug
traffickers.  As noted, the major sources are purchases or theft
from the Colombian military and police, and transfer from
Communist countries and movements.  However, questions have been
raised whether semiautomatic, military style rifles are
disproportionately misused by drug traffickers and other
criminals in the United States itself.  As the following
demonstrates, such rifles are the least likely type of firearms
to be misused criminally.

             ATF RECORDS REVEAL THAT SEMIAUTOMATIC RIFLES
          ARE RARELY TRACED IN RELATION TO CRIMINAL MISUSE

    Records of firearms traces conducted by the Bureau of
Alcohol, Tobacco and Firearms contain little or no information of
use in connecting specific firearms with specific types of crime.
Such records generated in recent months are particularly
unreliable in this respect, because BATF has been conducting
massive numbers of "forward traces" of semiautomatic firearms to
determine ownership, and not due to any criminal misuse.  In
fact, ATF itself, rather than local police, requests the majority
of traces, and the leading reason given for the majority of
traces is "miscellaneous" and not some specific crime.

    The following analysis is based on ATF records disclosed
under the Freedom of Information Act.  The request was for the
same records disclosed to the Cox newspapers resulting in
publication of its article on "assault type guns."
ATF stated about that study:

      In providing Cox Newspapers access to ATF's trace requests,
we provided only normally disclosable information limited to the
type of weapon, manufacturer, model, magazine capacity, serial
number and type of crime. We do not necessarily agree with the
conclusions of Cox Newspapers and need to express that all
firearms trace requests submitted by law enforcement agencies are
not crime guns and that the 42,000 traces examined are but a
small percentage of all firearms recovered by law enforcement
during the period.

    According to the Cox article, the firearms traced by ATF most
frequently are handguns.  In order of the number traced, they
are:  the Raven .25 cal.  pistol; Smith & Wesson Model 60 .38
cal. revolver; Smith & Wesson Model 36 .38 cal. revolver;
Jennings .22 cal. rimfire pistol; and the TEC-9 9mm pistol.

Total traces by type of firearm are as follows:
    Firearm                No. traced             % of traces

    Revolver                 13,983                   33%
    Pistol                   12,424                   29%
    Shotgun                   5,493                   13%
    Rifle                     5,305                   12%
    "Assault
    weapon"                   4,249                   10%
    "All others"                738                    2%
    Derringer                   581                    1%
    Total                    42,818

    The Cox article states that it reviewed traces of 42,758
firearms covering the period Jan. 1, 1988 through March 27, 1989.
Atlanta Journal Constitution, May 21, 1989, A1 et seq.
Throughout, the article alleges that the firearms were traced "to
crimes," when in fact no crime was specified for the majority of
traces.

    The Cox article used the term "assault weapon" or "assault
gun," apparently because the data so totally fails to suggest any
disproportionate use of "assault rifles," and to distort the
statistics by including certain pistols and shotguns.

    ATF records disclosed under the Freedom of Information Act
include listings of specific firearms traces, showing the
requesting agency and the reason for the trace. The raw data
reveals that "miscellaneous"--rather than a specific crime--is
the most frequent reason for the trace; that ATF rather than
local law enforcement is the most frequent requester; and that
most "miscellaneous" traces are initiated by ATF.  The reason
appears to be that ATF has been "forward tracing" large numbers
of semiautomatic firearms just to determine who purchased them
and not in relation to any crime.  Numerous licensed importers,
manufacturers, and dealers have revealed to NRA that ATF
inspectors have inspected and copied all records on purchasers of
semiautomatic firearms allegedly to develop an "end user
profile."  Whether this program is a fishing expedition or a
quasi-registration system, the "miscellaneous" traces are not
suggestive of criminal misuse.

    ATF has confirmed the existence of its "forward tracing"
program, but refuses to disclose records about the program under
the Freedom of Information Act.  Indeed, ATF refused the same
inspection rights to ATF data to NRA as it accorded to Cox
newspapers based on the following:  "Your request to review the
same material examined by personnel from the Atlanta Journal is
denied.  Personnel from the Atlanta Journal had access to ATF
forms because they were acting on behalf of ATF at the time of
their review. . . ."  This contradicts ATF's statement above that
"we provided only normally disclosable information" to Cox.

    A group of ATF records which exhibits the Cox-ATF mutual
influence or agreement consists of listings of traces of "bad
guns"--selected semiautomatic pistols, rifles, and shotguns of
incomparable designs and tremendously different sporting uses,
but with the common feature that Senator Metzenbaum does not like
them.  These are the "assault guns" discussed in the Cox article
which were traced during 1988 and the first quarter of 1989.

    The leading firearms traced were not rifles at all, but were
respectively the M10/M11 pistol (773 traced) and the TEC-9 pistol
(767 traced).  By contrast, there were only 689 traces of the
"AR-15/M-16"--which would include both AR-15 target rifles sold
at sporting goods stores, and M-16 machineguns stolen from the
U.S. military.

    There was not a single trace of the Steyr AUG, one of the
rifles banned from importation based on the allegation that
"assault rifles" were being disproportionately misused in crime.
Further, ATF records give no comparison data with ordinary
revolvers, pistols, rifles, and shotguns, either in terms of
quantities produced or number of traces.

    Most revealing is the reasons for the traces.  For all of the
"bad guns" combined--handguns and long guns together--the
following are the trace categories:
Reason for trace        Number traced       Percentage of traces

Miscellaneous              2,137                    43%
Property related             663                    13%
Gun Control Act              525                    11%
Narcotics                  1,078                    22%
Homicide                     348                     7%
Assaults                     176                     4%
Robbery                       60                     1%
Arson                          8                     0.2%
Sex crimes                     3                     0.1%
Total                      4,916

    As is clear, 43% of the traces were for "miscellaneous"
reasons.  These could have included "forward traces" just to
check on purchasers, without any suggestion of wrongdoing, as
well as lost, found, and abandoned guns.  For instance, local
police may wish to determine the owner of a found or unclaimed
firearm.

    "Property related" traces, 13% of the total, would include
stolen firearms which have been recovered.  Local police may be
seeking the rightful owners in order to establish proof of
burglary and similar crimes as well as to return the property.

    "Gun Control Act" traces, amounting to 11% of the total,
would include every suspected technical violation under the Act.
A hobbyist who sold one too many collector's items at a gun show,
a licensee whose entire inventory is seized because of a
recordkeeping violation, or a person who gave a firearm to a
relative who lived in a different state are only some of the
innocuous reasons which would prompt traces under the Gun Control
Act.

    "Narcotics" related traces (22% of the total traces) are
difficult to interpret.  Situations involving such traces could
be everything from a first time offender in possession of a small
amount of marijuana for personal use who happened to have a
firearm in a home where he was arrested, to a major crack or
heroin trafficker who is a grave danger to society.  Even so, the
dangerous trafficker is far more likely to prefer a pistol or
revolver of the same type that the police use, than such sporting
rifles such as an AR-15 or a Mini 14.

    The "Homicide" category demonstrates the lack of value of the
trace data.  Rifles of all kinds are used in only 4% of all
homicides, and military-style semiautomatic rifles have been
linked to at most 1% of homicides.  Of the 348 "bad guns" traced
in connection with homicides, the ATF summary fails to
distinguish rifles from pistols, or to give comparison data with
pistols and revolvers of all kinds.

    The firearms traced in the Robbery, Arson, and Sex Crimes
categories are practically negligible, especially when compared
with the numbers of pistols and revolvers of the types used by
police.

    To the extent the Cox/ATF data reveal anything regarding
military-style semi-automatic rifles, it is that they are rarely
involved in police traces of crime guns. Using data prepared by
Smithsonian Institution's Edward C. Ezell regarding the number of
various makes and models owned by Americans, police have
requested traces on fewer than one-tenth of one percent of such
rifles now owned.  For example, during the 15-month period, only
105 of 126,000 AK-type semi-automatic rifles were traced in
relation to the investigation of violent crimes--just nine one-
hundredths of one percent, or roughly one of every 2,000 AK-type
semi-automatics owned by Americans.

    In sum, contrary to the Cox article, very little can be
concluded from ATF tracing data, except that ATF itself conducts
most traces for "miscellaneous" reasons, such as checking on
ordinary citizens who enjoy target shooting with semiautomatic
firearms.  The overwhelming majority of traces are conducted for
reasons unrelated to violent crime, and the overwhelming majority
of firearms used in crime are not traced.


              ACTUAL CRIME DATA DEMONSTRATES THAT
      SEMIAUTOMATIC RIFLES ARE RARELY USED IN CRIME

    The Cox study found that about 10% of the guns traced were
"assault weapons" based on the definition used by the Bush
Administration for the import ban and the list in the Metzenbaum
bill for domestic firearms, with the number rather higher (a) in
Los Angeles and South Florida, and (b) for "narcotics" and
"organized crime" traces.

    The study reported a 46% increase in crime use for these guns
between 1987 and 1988, and that the increase was continuing into
1989.  If true, that criminal misuse is rising far slower than
availability, for ATF affidavits suggest that the importation of
such rifles increased 900% in the last two years, while traces
less than doubled.

    ATF is asked to trace only a fraction of the guns used in
crime.  ATF traced about 35,000 guns, although there were over
ten times that many gun-related crimes reported. Clearance rates
are not that low, and in fact violent crimes represent only a
minority of bases for guns traced.  Cox thus found less than 500
so-called "assault weapons" traced in connection with violent
crimes, only one tenth of one percent of about 360,000 gun-
related violent crimes.

    Even if most traces were for real crimes, there are so few
traces that nothing can be learned from looking at the guns
traced.  There are about 180,000 gun-related aggravated assaults
reported to police annually, half of which were cleared by
arrests, but only 1842 assault-related firearms were traced in
the 15 month period. Thus, there was a gun traced for only one
percent of aggravated assaults.  No one can claim the ability to
project involvement of a particular type of firearm in crime
based on 1% reporting.  Moreover, the 1% is an exaggeration,
since it would involve all guns seized from someone arrested for
an assault for which traces were requested, not necessarily just
the firearm used in the assault.

    Cox claims that only 500,000 such guns are privately owned,
based on defining imports as "assault weapons" if on the list of
guns temporarily banned from importation and domestic if named in
the Metzenbaum bill.  But ATF has estimated 2-3 million, and
Edward C. Ezell of the Smithsonian Institution estimates about 3-
4 million.  If Los Angeles' tendency to trace military lookalikes
is typical of law enforcement nationally, and if Los Angeles has
19% lookalikes compared to 10% nationally, then military
lookalikes account for about 1 1/2% of "crime guns."  If the
ATF/Ezell figures are roughly accurate, then military-style semi-
autos also account for about 1 1/2% of firearms owned by
Americans and are not disproportionately used in crime.
It is significant that Los Angeles was the place where Cox found
the highest involvement in trace guns to be the so-called
"assault weapons," since Los Angeles is also the place where the
police looked into guns seized to get a percentage rather than
just to guns traced.  So-called "assault weapons" account for 3%
of crime guns, according to the Los Angeles police, so their
accounting for 19% of the guns traced simply demonstrates that
police are more apt to trace so-called "assault weapons."
Testimony of Detective Jimmy L.  Trahin, Firearms/Ballistics
Unit, to Subcommittee on Constitution, Senate Judiciary
Committee, May 5, 1989.  Trahin noted over 4,000 crime guns in
Los Angeles, while Cox noted only 2,740 guns traced in the entire
state of California.  Clearly, the Cox percentage is based
primarily on the fact that so-called "assault guns" are more apt
to be traced than any others--and by a substantial margin.
Indeed, if Los Angeles' 3% leads to 18% of traced guns, then it
is possible that the national finding of roughly 10% of trace
guns suggests nationally only about 1 1/2% of crime guns.

     The data suggest rifle use in crime is diminishing.  In
Florida, for example, between 1987 and 1988, rifle use in
homicide fell from 3.9% of homicides to 2.6%, according to the
Florida Department of Law Enforcement.  In Washington, D.C.,
where drug trafficking was blamed for a 67% increase in the
homicide rate between 1987 and 1988, only one homicide involved a
rifle of any kind.  In Chicago, 1988 saw more murderers using
baseball bats than rifles.  The Columbus Police Department has
reported on the firearms seized during a period of roughly one
year (April 29, 1988, to April 21, 1989) during "crack" raids.
The 179 firearms seized--which did not include a single
semiautomatic centerfire rifle--were in the following
proportions:

    Revolvers                               51%
    Semiautomatic pistols                   30%
    Shotguns - long barreled, not semiauto   9%
    Shotguns - sawed off                     4%
    Shotguns - semiauto                      1%
    Rifles - .22 caliber, not semiauto       2%
    Rifles - .22 caliber semiauto          0.6%
    Rifles - center fire, not semiauto     0.6%

    Clearly, rifles of all kinds are the least desirable weapon
of criminals, and semiautomatic centerfire rifles are misused far
less than ordinary .22 caliber rimfire rifles.

    Nationally, according to FBI reports, firearms of all kinds
accounted for just 4% of the homicides in 1987 and 1988.  This
represents a drop from the early 1980s,  when over 1000 rifle
related homicides annually were reported to the FBI.  In the
years 1986-88, fewer than 800 rifle-related homicides each year
were reported to the FBI.  The rifle-related homicide rate has
dropped 30% during the 1980s, despite dramatic increases in the
number of so-called "assault rifles." criminal misuse is rising
far slower than availability, for ATF affidavits suggest that the
importation of such rifles increased 900% in the last two years,
while traces less than doubled.

    ATF is asked to trace only a fraction of the guns used in
crime.  ATF traced about 35,000 guns, although there were over
ten times that many gun-related crimes reported.

END ARTICLE

-- 
Paul Stoufflet
Decision Systems Group
Brigham and Women's Hospital
75 Francis Street
Boston, MA  02115
internet: pstouffl@dsg.harvard.edu
work: (617) 732-7746

