Greg Nickels, Mayor  SEATTLE POLICE DEPARTMENT R. Gil Kerlikowske, Chief of Police

February 8, 2007 (3:30-5:30 pm)

Testimony by Chief R. Gil Kerlikowske to Senate
Labor, Commerce, Research and Development Committee
on Senate Bill 5197 to Close the Gun Show Loophole

Good afternoon

I want to thank the committee for inviting me to speak today. I am here in support of Senate Bill 5197 to close the gun show loophole. I have some very brief remarks and will be happy to answer questions.

We know in law enforcement across the country and in Washington that background checks for purchasers of firearms work. The 1994 Brady Act mandates criminal history checks on persons applying to purchase firearms from federally licensed firearms dealers. From 1994 to 2004, 1, 228,000 convicted felons and other ineligible persons tried to purchase firearms from dealers but were prevented from doing so because of the required background check. In 2006 over 255,000 background checks were completed resulting in 2,441 denials in Washington State. It makes sense to level the playing field at gun shows. The same background check that applies to a dealer should apply when the transaction takes place at a gun show.

I am certain the question will be asked whether or not this proposed legislation will reduce gun crime and the answer is that as with almost all legislation it is meant to fix a particular problem. Just as 18 other states have fixed the problem by requiring background checks at gun shows. Two weeks ago the Arizona Republic reported that "combat-style rifles are pouring into Mexico", the report went on to say that "many are bought at shows in the USA." When I asked Sen. John McCain about this last week he reminded the chiefs and sheriffs in the meeting that he supported closing the loophole in Arizona and Colorado. And, of course, one of the guns used in the slayings at Columbine came from a gun show.

Another point that is raised is to provide specifics on the number of guns used in crimes that come from gun shows. Dealers are required to carefully document gun sales and to check a purchaser's background. A nonlicensee at a gun show has no such requirement and thus, if a felon or other prohibited individual wants to avoid the background check they merely buy the gun at a show. I think it always helpful in government to reread "Catch 22" every four or five years, and then of course the answer becomes clear. If there is no record of the sale and no background check then there is little evidence of the number of sales that were denied or of the number of crime guns that come from gun shows. This legislation will fix that.

In Washington State it is easy for convicted felons and other prohibited persons to illegally obtain guns. Over one-third of the illegal guns that SPD recovers each year are taken from persons who cannot lawfully possess them. In other words, SPD already enforces existing laws and still gun crime has increased significantly in Seattle in the last two years. Closing the gun show loophole will take away one easy avenue for convicted felons to get their guns.

I do want to comment on the completely bogus argument that scarce law enforcement resources will be diverted to gun shows. Law enforcement officers would no more have to be dispatched to gun shows to monitor attendees than they would have to be dispatched to a gun store to monitor sales.

As the committee is aware, the Washington Association of Sheriffs and Police Chiefs has endorsed closing the gun show loophole by passing unanimously resolutions in 2005 and 2006. I think the fact that the Association has signed in today in support of this legislation and the resolutions speak clearly for law enforcement in our state.

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