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Vol. 73, No. 3, March 2000 |
Legislative Watch
Operation Ceasefire
Operation Ceasefire and Senate Bill 301 provide new weapons
in the fight against gun violence in Wisconsin.
by Brian Burke
Wisconsin has just taken an important step forward in the
fight against gun violence. Since the beginning of this year,
a unique task force of federal, state, and Milwaukee-area law
enforcement officials has been cracking down hard on gun-toting
criminals. Known as Operation Ceasefire, the effort already has
produced a surge in gun-related arrests in the Milwaukee area.
Operation Ceasefire will channel the worst offenders, those
with a prior record for violence or drugs, directly into federal
courts where they face tough mandatory sentences. Gun offenders
not targeted for federal prosecution will be tried in a new speedy
trial gun court presided over by a Milwaukee County Circuit Court
judge.
Key to making Operation Ceasefire work is state funding for
six new Milwaukee County prosecutors. Two are cross-designated
as special assistant U.S. attorneys so they can try cases in
both state and federal courts. This ability of local prosecutors
to move cases into federal court is not new, but Operation Ceasefire's
infusion of resources will enable greater use of this option.
Operation Ceasefire also features a public education campaign
to spread the word about the severe penalties for illegal use
or possession of a firearm. State and local dollars will fund
the first wave of radio and television ads, public service announcements,
and billboards. In the future, community leaders will look to
businesses, organizations, and private citizens to supplement
existing resources by investing in safer streets and neighborhoods.
Cities with similar initiatives have witnessed a dramatic
reduction in violent crime. In Richmond, Va., for example, the
number of homicides involving firearms dropped by 36 percent,
from 122 in 1997 to 78 the following year.
Operation Ceasefire's additional resources will be especially
helpful with difficult cases, such as the prosecution of straw
purchasers, who buy guns on behalf of felons and others who cannot
pass background checks.
A recent report by the federal Bureau of Alcohol, Tobacco
and Firearms shatters the myth that guns used in crimes usually
are stolen or transported across state lines. According to the
report, many criminals get their guns from local dealers who
sell to straw purchasers.
Unfortunately, cases against straw purchasers are difficult
to prosecute in Wisconsin. Under current law, the assistant district
attorney must convincingly demonstrate that the defendant, at
the time of purchase, intended to transfer the firearm to a third
party. Proving intent, of course, is a difficult burden.
I have proposed legislation to require that all handgun sales
be channeled through licensed dealers. Under Senate
Bill 301, all private handgun sales must comply with the
same background checks and waiting periods now required of sales
by licensed dealers.
Not only does this close a gaping loophole in the system of
background checks, it strengthens the prosecutor's hand against
straw purchasers. Instead of having to prove the intent of the
straw purchaser, the prosecution merely needs to show that a
sale took place without going through a licensed dealer.
I was pleased to secure state funding for Operation Ceasefire
with bipartisan support in the Wisconsin Legislature. So far,
my proposal to regulate private sales also has attracted bipartisan
support. As might be expected, it also has stirred zealous opposition
from gun advocates.
Sen. Brian Burke, Georgetown
1981, has served in the state Senate since 1988. He is the Senate
author of Operation Ceasefire. Burke previously served as a Milwaukee
County assistant district attorney. |
Pro-gun forces would prefer to simply jack up the penalties
for straw purchasers. This is fine, as far as it goes, but does
nothing to solve the fundamental evidentiary problem. By making
handgun transactions outside the regulated system illegal, we
strengthen our ability to hold straw purchasers accountable.
The need is urgent. Firearm use claims the life of one person
every 17 hours in Wisconsin. In Milwaukee County, firearms have
been the number one cause of injury-related deaths since the
mid-1980s. Handguns are used in roughly 80 percent of all slayings
committed in the county.
Operation Ceasefire provides a much-needed boost in resources
to turn the tide on these grim statistics. Tightening the law
on straw purchases will give law enforcement officials one more
tool to improve the chances that Operation Ceasefire's additional
arrests turn into convictions.
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