HOPING FOR GUN DATA
Mayors, lawmen look for repeal of ban on release

Wednesday, January 14, 2009
By MICHAELANGELO CONTE
JOURNAL STAFF WRITER

For years, big city mayors, police chiefs and prosecutors in Hudson County and elsewhere have pushed to get the federal government to release data that would go a long way in explaining how the illegal guns confiscated in their regions got there.

But a law, known as the Tiahrt Amendment, prevents the release of this information.

Now with the election of a new Democratic president and Democrats in firm control of Congress, local officials are once again hopeful they can get Tiahrt repealed and the information blackout lifted.

Hudson County Prosecutor Edward DeFazio, Jersey City Mayor Jerramiah Healy, and Jersey City Police Chief Tom Comey said yesterday they expect the next Congress to repeal the law.

They have strong backing from New Jersey Sen. Robert Menendez, who with U.S. Rep. Steve Rothman, D-Fair Lawn, sponsored legislation in the past to strike down Tiahrt.

Menendez said Tiahrt amounts to "blindfolding" law enforcement agents.

"We know New Jerseyans are dying as a result of gun crimes perpetrated with guns brought here from other states with lax gun laws," Menendez said.

"Mayor Healy experiences this problem on the ground level and fully understands how important it is to take the blindfold off, and we're working together on the local and national levels to get it done," he added.

The office of U.S. Rep. Todd Tiahrt, a Kansas Republican, said yesterday the amendment protects the lives of law enforcement officers and the integrity of investigations. Trace data is always available to law enforcement officials and prosecutors conducting criminal investigations, his office said in an e-mail.

The Fraternal Order of Police has also opposed repealing the law.

New Jersey officials acknowledge the Bureau of Alcohol, Tobacco, Firearms and Explosives provides trace data to law enforcement for specific investigations. But the law bars the ATF from providing general trace data so they can track down major dealers, discern patterns, and attack the problem intelligently, these officials said.

About 85 percent of guns used in crimes in Jersey City and Newark are from other states, and 60 percent of guns used in crimes are traceable to just 1 percent of dealers, officials said. About 90 percent of gun crimes in Hudson County involve illegally obtained firearms and of the county's 36 homicides in 2008, 16 involved guns, DeFazio said.

National Rifle Association spokeswoman Rachel Parsons said last night her organization will fight any repeal attempt, but noted it's too early to know what to expect from the new administration or Congress.

"Law enforcement has access to the information in a bona fide investigation and there is no need for that information to be abused by politicians, special interest groups and the media," Parsons said. "The problem is politicians and special interest groups want access to the information so they can sue law abiding firearms manufacturers and retailers."

DeFazio disagreed.

"My only interest is in the public safety and if gun dealers are involved with organized 'straw' purchases, they should be held account," said DeFazio, referring to the practice of using third parties to purchase guns for illegal purposes. "The vast majority of law enforcement organizations are against Tiahrt."