SOME GUN LAWS WORK, BUT ONE-A-MONTH WON'T

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, January 26, 1993                   TAG: 9301260478
SECTION: EDITORIAL                    PAGE: A9   EDITION: METRO 
SOURCE: A. VICTOR THOMAS
DATELINE:                                 LENGTH: Medium
SOME GUN LAWS WORK, BUT ONE-A-MONTH WON'T
CRIME and the illegal use of firearms has been a top priority for me since I first served in the legislature nearly 20 years ago.
In 1974, I introduced legislation to make the use of a firearm in the commission of a felony a separate and distinct crime. After three years of hard work, the assembly enacted my legislation to provide a mandatory jail term for any person convicted of using a firearm in such an illegal manner. That law, the first of its kind in Virginia, is still on the books and has served as a model for other states.
Four years ago, Virginia led the nation by enacting an instant criminal-record check for persons who purchase any firearms. That law was designed to keep firearms out of the hands of felons, and it has succeeded. During the past several years, that measure has been closely studied by other states and has served as the model for national legislation introduced in Congress. During the past presidential campaign, both then-President Bush and then-Gov. Clinton endorsed it.
I mention these measures because they demonstrate Virginia's commitment to sound, well-reasoned legislation to control the illegal use of firearms, while minimizing the impact on law-abiding citizens. The right to bear arms is a fundamental right accorded protection by the federal Bill of Rights and the Virginia Constitution. I believe the measures we have enacted have achieved the careful balance between tough crime control and respect for constitutional rights.
The success of these measures is clear from the problem we now face. Unable to purchase weapons by other means, criminals now take advantage of Virginia's relatively simple and lax requirements for obtaining driver's licenses. Criminals use false identification or "strawmen" to purchase guns in quantity and then carry them across state lines or sell them on the street.
The solution to that problem is to shore up the weaknesses in the driver's-license system and to give State Police and federal firearms agents the tools to track and punish those who fraudulently obtain firearms.
Several bills have been introduced which truly address the issue at hand.
The first priority is to enact one of the measures that require proof of identity and place of address before a driver's license can be issued.
Second, we should enact House Bill 1505, which requires a gun dealer to notify the State Police of the number of handguns a prospective purchaser intends to buy, rent or receive. This instant notification, and the instant police-record check currently in place, will occur before the transaction is completed.
These bills will give the police a tool enabling them to catch gunrunning criminals, thereby sending a message to the buyers of illegal handguns.
The third proposal is to code first-time driver's licenses so that when the criminal-record check is made at the point of sale, State Police can be aware that the licensee is using a new license. The Division of Motor Vehicles can easily implement those who fit a gunrunner profile.
The fourth proposal which should be considered is House Bill 1399. This bill provides that a first-time driver's-license holder may not purchase a handgun until 30 days after issuance of the driver's license. This prevents criminals from subverting the system.
As you may know, legislation has also been proposed to limit the number of guns that a person may purchase in a given month. While at first glance this measure seems attractive and straightforward, I learned long ago that such simplistic measures have little real effect on the problem and often end up doing more harm than good.
For example, 16 years ago the state of South Carolina passed a one-gun-purchase-a-month law. To date, that is the only state to pass such a law. According to a study conducted in 1989 and 1990 by the Federal Bureau of Alcohol, Tobacco and Firarms in cooperation with the Boston Police Department, South Carolina ranked as the third-highest source state for handguns confiscated by Boston authorities. In 1991 the FBI report, "Crime in the United States," ranked South Carolina fifth-highest in the nation for violent crime while Virginia ranked 35th.
Therefore, I am not convinced the passage of a one-gun-a-month law will address the problem. I do feel, however, this will limit the rights of law-abiding citizens wishing to purchase guns legally.
The legislation we enact must address the issue, and give our law-enforcement officers the tools they need to apprehend gunrunners and put them behind bars. I feel the measures I have discussed are both effective in addressing the problem and fair to law-abiding Virginians.

A. Victor Thomas , a Roanoke Democrat, is a member of the Virginia House of Delegates.

by Bhavesh Jinadra by CNB