The Florida Assault Weapons Commission's report on the use of "Assault Weapons" in Florida is available from: Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 The short version, the complete report without the appendices, is $11.50. The long version, the complete report with all appendices, is $63.87. Checks payable to the Department of State, Division of Licensing are accepted. For further info, contact April Howard at 904-488-6982. ---------------------------------------------------------------------- Subject: Florida Assault Weapons Commission - Exec Summary Part 1 TABLE OF CONTENTS ________________________________________________________________________________ Executive Summary i Formation Of Commission 1 Methodology 1 Written Materials 1 Survey 2 Hearings 2 Col. Martin L Fackler 3 Undersheriff David Hall 3 Assistant Commissioner Robert Cummings 3 Agent Mark Rominger 4 Officer Ray Freeman 4 Dennis Clarke 4 Formation Of Conclusions And Report 4 Findings And Recommendations 5 Enhanced Sentences 5 Recommendation No. 1 5 Instantaneous Record Check 6 Recommendation No. 2 6 Statistical Data On Firearms 7 Recommendation No. 3 7 Plea Bargaining 7 Recommendation No. 4 7 Reports Of Stolen Weapons 8 Recommendation No. 5 8 Select Fire Weapons 8 Recommendation No. 6 8 Criminal Defenses 9 Recommendation No. 7 9 Recognition 9 Conclusion 10 Sam F. Lynn 10 Jerome Bauman 10 Joseph Shutt 11 Richard Gardiner 11 Marion Hammer 11 Richard Worch 12 Howard Forman 12 W. G. Bankhead 12 S. L. Clements 12 Michael Saporito 13 Ronald Glickman 14 Roll Call Votes 15 Footnotes 18 A ppendix A 19 Assault Weapons Commission Members 19 Appendix B 20 *Blank Survey Forms 20 Appendix C 28 Compilation Of Survey Data 28 Appendix D 42 *Graphs Of Survey Data 42 Appendix E 53 List Of Attached Documents List Of Some Documents Considered But Not Appended 55 List Of Publications And Articles Considered 56 FLORIDA ASSAULT WEAPONS COMMISSION EXECUTIVE SUMMARY The 11 member Assault Weapons Commission was created by Chapter 89-3-6 of the Laws of the State Of Florida. The Commission was tasked with the responsibility of "making recommendations to combat the unlawful use of assault weapons in the state" and reporting to the Governor and the Legislature the types of weapons and firearms used in crime in Florida. The legislation provided that the Commission make its report by March 1, 1990. The Commission determined at the outset that it would avoid emotional arguments and concentrate on factual data capable of objective analysis. Assumptions made by the Commission were that agencies and witnesses would cooperate in giving full and accurate information to the Commission and that there would be a mechanism to report the Commission's findings and recommendations. Methodology of the Commission included review of materials submitted by the Department of State-Division of licensing, materials submitted by vario us members and others, holding hearings, seeking data from expert witnesses, conducting surveys and analyzing of all data gathered thereby. The survey generated such voluminous material that the Commission was prevented from analyzing the results and drawing meaningful conclusions with sufficient time to report by March 1, 1990. By unanimous vote of nine members present at a meeting held February 19, 1990, the Commission agreed to submit an interim report on March 1, 1990 which would include its findings and recommendations made through that date. The Commission met again March 8, 1990 and April 6, 1990. The Commission submits the following findings and recommendations as its report: FINDING NO 1. Of significant importance to the safety of residents and visitors in the State of Florida is the deterrence of criminals from committing their crimes while armed. RECOMMENDATION NO 1. (A) That Section 775.087 Florida Statutes be amended to provide a mandatory minimum sente nce of 20 years imprisonment upon conviction of any person who commits any of the crimes listed in that section and uses a semi-automatic centerfire firearm having inserted in the firearm at the time of the offense a detachable box magazine capable of holding more than the 25 rounds of ammunition, and who at the time is a convicted felon whose civil rights have not been restored. The Commission further recommends that upon conviction of any person who commits any of the acts listed in Section 775.087 while armed as set forth above, but who is not, at the time, a convicted felon, or whose civil rights have been restored that the mandatory minimum sentence be set at 15 years imprisonment. (B) That Section 775.087 FLorida Statutes be further amended to provide a mandatory minimum additional enhanced penalty of ten years imprisonment upon conviction of any person who, having previously been convicted of a felony and whose civil rights have not been restored, commits any of the crimes listed in that section and who at the time uses any firearm or destructive device, as currently defined in the Florida Statutes, resulting in injury or death to a human being. The Commission further recommends a mandatory minimum additional enhanced penalty of five years imprisonment be imposed upon conviction of a person who, is not a convicted felon, or whose civil rights have been restored, and who commits any of the crimes listed in Section 775.087 and who uses any firearm or destructive devices, as curre ntly defined in the Florida Statutes, resulting in injury or death to another human being. FINDING NO 2. There exists no mechanism by which persons who have been adjudicated as mentally incompetent, or who have been committed to mental institutions for treatment of mental illness that has resulted in an act which has placed themselves or others in danger, can be determined to be ineligible to receive a concealed weapons license. In addition, the instantaneous criminal record check mandated by Section 790.065 Florida Statutes does not provide for a check into whether a prospective purchaser is ineligible to purchase a firearm because he or she has been adjudicated mentally incompetent or committed to a mental institution for the treatment of such a mental illness. RECOMMENDATION NO 2. That a database of persons adjudicated as mentally incompetent, or who have been committed to mental institutions for treatment of mental illness that has resulted in an act which has placed them selves or others in danger, be established under the Department of Health and Rehabilitative Services accessible only by specifically authorized personnel of Florida Department of Law Enforcement solely for purposes of the instantaneous record check and the Division of Licensing for background check preparatory to the issuance of a concealed weapons license. FINDING NO 3 Current police agency weapons reporting classifications require only firearms classifications of "handgun", "rifle", "sho tgun" and "other unknown firearm". RECOMMENDATION NO 3. (A) That the classification of each weapon be expanded to include the type of action, caliber, model number, magazine capacity, whether used in crime and what type of crime, and whether confiscated, seized or merely described by witness, to facilitate such future review as may be desirable. (B) That each law enforcement agency in Florida be required to submit the above information to the Florida Department of Law Enforcement for inclu sion in its annual Crime in Florida publication. FINDING NO 4. Although the Commission did not pursue an inquiry into plea bargaining in depth, sufficient reference to the practice of plea bargaining away weapons offenses which required imposition of enhanced or mandatory sentence of imprisonment arose during the hearings and again during later discussions involving enhanced penalties to cause serious concern over the practice. RECOMMENDATION NO 4. The Commission expresses serious c oncern over the excessive use of plea bargaining in the disposition of mandatory and enhanced penalty weapons cases, and urges all States Attorneys to eliminate or curtail the practice. FINDING NO 5. The Commission determined that stolen weapons are more likely to be used in crime than legitimately purchased weapons and thus the use of stolen weapons poses a significantly greater threat to safety of the citizens of Florida. RECOMMENDATION NO 5. The Commission recommends that a mandat ory minimum one year sentence of incarceration be imposed upon anyone convicted of theft of a firearm, and that an owner of a firearm who timely reports the theft or loss of that firearm be immunized from civil liability resulting from such theft or loss. FINDING NO 6. "Select fire" weapons, which are described as a weapon having a switch which would allow the user to shoot the weapon in the fully automatic mode (multiple shots with a single pull of the trigger) or in semi automatic mode (one shot for each separate pull of the trigger), are governed by Federal Statutes and by Section 790.221 Florida Statutes. There are no reported instances of criminal use by the owner of a select fire weapon registered under provisions of federal law. unregistered select fire or fully automatic firearms have, on occasion, been used in criminal acts in this state. RECOMMENDATION NO 6. That the penalty for possession of a select fire weapon or machine gun, which is unregistered and not lawfully possessed under federal law, be increased to life imprisonment and that discharge of a select fire weapon or machine gun, which is unregistered and not lawfully possessed under federal law, during the commission of a crime be a capital offense.* *Commission member Gardiner specifically dissented from both recommendations. FINDING NO 7. Certain defenses such as "Voluntary intoxication" used to negate the "specific intent" element of Florida's Murder Statute, the "specific int ent" requirement itself, and the short length of sentences for conviction of lesser murder charges may create the perception that the taking of human life is not a serious crime in Florida. RECOMMENDATION NO 7. That the legislature request the Criminal Justice Committee to re examine "Specific intent" as an element of murder and other crimes and reevaluate the defense of voluntary intoxication as a negation of the "specific intent" requirement in such crimes. RECOGNITION The Commi ssion expressed its appreciation to Jim Smith, Secretary of State, for the invaluable assistance given by the Division of Licensing in fulfilling the administrative needs of the Commission. The Commission also wished to specifically recognize the superior performance of duties by Director John Russi, Executive Secretary Doris Paul, Administrative Assistant Celine Melton and Staff Assistant April Howard. CONCLUSION The Commission determined that the current record keeping requirements of law enforcement agencies substantially lessened the Commission's ability to determine the types of weapons used in crime in Florida. The Commission did not vote in favor or against a ban or other restrictions on possession or use of any firearms, but each of the members present at the meeting of april 6, 1990 stated their opinion concerning assault weapons and the Commission's work. A more detailed development of these issues is contained in the following report. FLORIDA A SSAULT WEAPONS COMMISSION REPORT MAY 18, 1990 I. FORMATION OF COMMISSION The Florida Assault Weapons Commission was established by Chapter 89-306 of the laws of the State Of Florida and consists of eleven members: two represent "pro-gun" organizations, two represent "anti-gun" organizations, two are members of the Senate, two are members of the House of Representatives, two are from law enforcement agencies and one is a citizen. The legislation tasked the Commission with making "recommendations to combat the unlawful use of assault weapons in the state" and with reporting to the Governor and Legislature the types of weapons and firearms used in crime in Florida. The report date is fixed at March 1, 1990. The names of the commissioners are set forth in appendix A. II. METHODOLOGY The history of the debate over the issue of firea rms is replete with emotional arguments and counter arguments, claims and counter claims and subjective evaluations. he Commission determined at its initial meeting, held January 8, 1990, that it would limit its inquiry to an analysis of as much objective data as could reasonably be collected within the time allotted for the completion of the Commission's tasks. In establishing the methods to be used, the Commission made four assumptions: (1) Information that would be provided to the Commissio n would be accurate, (2) Witnesses would testify truthfully, (3) Agencies would cooperate in furnishing data, and (4) A mechanism would be provided to report the Commission's findings. The Commission was assigned, for administrative purposes, to the Department of State, and ultimately to the Division of Licensing. WRITTEN MATERIALS The Division of Licensing gathered information from other states as sell as from local, state and federal law enforcement agencies whose responsibilities inv olved enforcement of laws regulating the sale, possession and use of firearms. That information was made available to each member of the Commission. During the course of the Commission's meetings written materials were presented to the Commission from a variety of sources and were made available to each Commission member notwithstanding the fact that some emotional material may have been included with such data. The Commission received other material from witnesses who appeared at a hearing held by the Commission on February 5, 1990. Other written material was alluded to by certain witnesses as being informative on certain aspects of the Commission's work and such information was obtained by the Division of Licensing and likewise distributed to each Commission member. SURVEY The Commission devised a survey to be sent to chiefs of police, sheriffs, The Florida Department of Law Enforcement and other state agencies, the heads of federal agencies such as the Drug Enforcement Agency, the Fed eral Bureau of Investigation, the Bureau of Alcohol, Tobacco and Firearms, United States Customs and other such agencies. While some references to firearms were contained in the Florida Department Of Law Enforcement publication "Crime In Florida 1988", those references were to the broad classification of "handguns, rifles, shotguns and other unknown firearms." To determine with greater specificity what types of weapons and firearms were used in crime, the Commission designed a survey to determin e what types of weapons were used in specified crimes as well as whether the weapon was seized or abandoned at the scene of the incident. The survey sought to exclude weapons which were found and turned in to the agencies as well as those instances in which residents determined to turn in a firearm which was not used in any illegal way. The specified crimes included murder, manslaughter, sex offenses, robbery, kidnapping, aggravated assault, simple assault and threats. The survey inquired about a specific list of weapons by make and model derived from a combination of the list from HB 89-573 introduced by Representative David Flagg during the 1989 session of the Florida legislature, the list of weapons which the President banned from importation in 1989, and the weapons listed on page 30 of the Florida Department Of Law Enforcement publication "Crime In Florida 1988". A copy of the survey form is contained in appendix B. The survey was sent to 415 law enforcement agencies; 126 agencies re sponded, of which 107 provided statistical information. The data produced by the survey is contained in appendix "C". Graphical depiction of some selected data is contained in appendix "D". HEARINGS The Commission believed that it would be beneficial for members to hear expert testimony on how various types of weapons operated, their similarities, their differences and the nature of the ammunition used in military weapons and in sporting weapons. It was agreed that it would be essential to the successful completion of the Commission's task for the Commission to agree on standard terminology in describing certain types of weapons. Equally as important, the Commission determined that it would also be beneficial for the members to hear from city, state and federal law enforcement agencies about their experiences with weapons in their jurisdiction. The Commission, through the Division of Licensing, invited a total of 415 law enforcement agencies including 67 sheriffs, 324 chiefs of pol ice, 10 state law enforcement chiefs, 10 federal agencies and 4 experts. All were requested to be prepared to cite statistical data concerning "assault weapons", weapons used in the commission of crimes and such other information that the Commission might request. Of those invited to attend only 6 persons appeared and spoke. The Commission heard the following persons whose transcribed testimony is appended to this report: COL. MARTIN L. FACKLER, USA. Col. Fackler is a surgeon with extensive e xpertise in military weaponry and ballistic wounds, and is currently director of the United States Army Wound Ballistics Lab. He described the purpose, function and ballistic affect of military munitions and provided the military definition of "assault weapon". Col. Fackler testified that such military ammunition was intentionally less powerful and thus less lethal than sporting ammunition. He explained that the purpose of such military ammunition is to inflict only a wound on the enemy causing ot her enemy soldiers to stop their participation in the battle when they go to the aid of their comrade. He explained that the military definition of assault weapon was a "select fire" weapon which he described as a weapon having a switch which would allow the user to shoot the weapon in the fully automatic mode (multiple shots with a single pull of the trigger) or in semi automatic mode (one shot for each separate pull of the trigger). DAVID HALL. Undersheriff of Lake County, Mr. Hall testified that Lake County did not have an assault weapon problem yet but that one event involving an AK 47 type rifle led him to believe that such a problem could develop in the future. When asked, Undersheriff Hall testified that it would be impossible to conduct a background check of an individual purchaser of "assault weapons" in the space of seven days, and that he would not feel comfortable with such a cursory check. He stated that a satisfactory background investigation would take several weeks. ROBERT CUMMINGS. Assistant Commissioner of the Florida Department of Law Enforcement, Mr. Cummings spoke in favor of banning all "assault weapons" and cited two incidents in which undercover agents were confronted with what were described as "assault weapons". Mr. Cummings played a tape recording of an undercover operation in which the police officer was confronted with a weapon Mr. Cummings described as an "Assault weapon". When asked what kind and caliber the "assault weapon" was, Mr. Cummin gs replied that the information had not been supplied by the reporting officers. The weapon was never identified to the Commission. MARK ROMINGER. Agent Rominger is a special agent with the Florida Department of Law Enforcement who further explained the operation of semi automatic weapons (one shot for each separate pull of the trigger), full automatic weapons (multiple shots for a single pull of the trigger), select fire weapons (having a switch to all or full automatic or semi automatic). Agent Rominger defined an "assault weapon" as a select fire weapon regulated by the Federal Government, and provided the Commission detailed information on the firearms described as "assault weapons" on a flyer distributed by a Commission member. OFFICER RAY FREEMAN. Officer Freeman told the Commission that he was under orders from his superiors to advise the Commission that he was not representing or speaking for the Metro-Dade Police Department by whom he was employed. Officer Freeman testified th at he was a firearms examiner and that he had testified numerous times as a firearms expert in criminal prosecutions and other cases. He testified that he had examined thousands of weapons in his capacity as a firearms examiner and that he had seen few true "assault weapons" which he described as select fire weapons. DENNIS CLARKE. Mr. Clarke is President of The Citizens Commission On Human Rights, an organization which has conducted an investigation into the connection between the use of psych iatrically prescribed drugs and the infliction of multiple deaths and injuries as the result of a single criminal event. Mr. Clarke testified that in each of the well known incidents in which persons inflicted multiple injuries and death in a single criminal event each person had a past history of mental illness and, at the time of the incident, was on a psychiatrically prescribed drug which had as one of its side effects violent anti social behavior. Mr. Clarke included in his summary Patrick Purd y who injured 30 and killed 5 persons at a school in Stockton, California; Laurie Dann who entered a school in Illinois and killed 1 child and injured 5 more children; Joseph Wesbecker who entered a Kentucky engraving plant and killed 8 people and wounded 12 more; and John Hinkley who wounded President Reagan, and others. Mr. Clarke submitted a voluminous report which set forth at length the history of each of the notorious persons included in such incidents. FORMATION OF CONCLUSIONS AND REPORT The Commission determined that a discussion of the issues on which there were clear ideological differences between the various members was a political hinderance tot he successful resolution of issues upon which there appeared to be some agreement. The Commission elected to first dispose of issues upon which there appeared to be agreement and then proceed to divisive issues. While recognizing that the final report of the Commission might be perceived as indefinite, the Commission nevertheless determined initially that it would include in the final report both a majority report and a minority report on those issues which have potential for significant impact upon the interests of the people of the State Of Florida. The nature of the action taken at the April 6, 1990 meeting rendered it unnecessary and impractical however to issue two reports, and the Commission will issue one report. The Commission determined that it would append most materials to the final report to afford all who ar e interested in the subject the opportunity to review the materials and assess the validity of the Commission's conclusions. III. FINDINGS AND RECOMMENDATIONS A. ENHANCED SENTENCES During the course of the hearing, several witnesses stressed the significance of deterrence to crime and its desirability over apprehension of a criminal after the fact. While it is of some consolation to the victim that the criminal has been apprehended, it is probably axiomatic to s tate that in all probability the victim would have preferred that the crime had never taken place. Some Commission members noted, based upon their law enforcement experiences, that lengthy mandatory sentences tend to deter most criminals from committing crimes which result in those sentences. While the Commission is mindful that such sentences generally may not deter a person who is emotionally distraught from committing crimes in the heat of passion, the Commission nonetheless considered the likel ihood that such sentences would deter those who plan their crimes from committing those crimes whole armed with a firearm. RECOMMENDATION NO 1. The Commission recommends that Section 775.087(2) be amended as follows: (2) Any person who is convicted of: Any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, aircraft piracy, battery on a law enforcement officer or fire-fi ghter actually engaged in the lawful performance of his or her duties, sale, manufacture, cultivation, delivery, purchase or possession with intent to distribute any controlled substance as defined in the Florida Statute or under Federal Statute and, (a) who uses a firearm as defined in section 790.001(6) or destructive device as defined in section 790.001(4), resulting in injury or death to a human being shall be sentenced to a mandatory minimum term of imprisonment as follows: (i) if the defendant is a convicted felon whose civil rights have not been restored, to a term of 10 calendar years, (ii) if the defendant is not a convicted felon, or is a convicted felon whose civil rights have been restored, to a term of 5 calendar years. (b) who uses a semi-automatic firearm having, inserted in such semi-automatic firearm, a detachable box magazine capable of holding more than 25 rounds of ammunition or a machine gun as defined in section 790.001 shall be s entenced to a minimum term of imprisonment as follows: (i) if the defendant is a convicted felon whose civil rights have not been restored, to a term of 20 calendar years, (ii) if the defendant is not a convicted felon, or is a convicted felon whose civil rights have been restored, to a term of 15 years. B. INSTANTANEOUS RECORD CHECK Section 790.065 mandates, as of October 1, 1990, an instantaneous criminal record check as a condition of purchasing a firearm in t he State of Florida. The section does not provide for any screening of purchasers who may have been adjudicated mentally incompetent or committed to a mental institution for treatment of certain mental illnesses. Nor is there a mechanism for the determination of ineligibility of an applicant for a concealed weapon license based upon the same ground. While the Commission made no determination of the weight, if any, to be accorded Mr. Clarke's report, it was in agreement that such testimony pointed out the necessity to consider the question of the effect of having persons with dangerous mental conditions in possession of firearms. RECOMMENDATION NO 2. That a database of persons adjudicated mentally incompetent or who have been committed to a mental institution for treatment of a mental illness that has resulted in an act which has placed themselves or others in danger be established under the Department of Health and Rehabilitative Services accessible only by specifically authorized pe rsonnel of Florida Department of Law Enforcement or the Division of Licensing solely for the purposes of the instantaneous record check and the background check preparatory to the issuance of a concealed weapons license. C. STATISTICAL DATA ON FIREARMS The Commission determined that a change in the way weapons offenses were reported to the Florida Department Of Law Enforcement would enhance the ability of the Legislature and Office of the Governor as well as any interested citizens to determin e what types of weapons are used in crime in Florida. At present, law enforcement agencies are required to report firearms in the classification of "handgun, rifle, shotgun or other unknown firearm". More specific reporting would provide future weapons commission the ability to more accurately determine what types of weapons are being used by criminals. The Commission also agreed that if the recommended changes are implemented that the legislature should consider forming a commission, similarly con stituted, two years after such implementation to review such data as may by then be compiled. RECOMMENDATION NO 3. (A) That the classification of each weapon be expanded to include the type of action, caliber, model number, magazine capacity, whether used in crime and what type of crime, and whether confiscated, seized or merely described by witness, to facilitate such future review as may be desirable. (B) That each law enforcement agency in Florida be required to submit the above infor mation to the Florida Department Of Law Enforcement for inclusion in its annual crime in Florida publication. D. PLEA BARGAINING On several occasions during discussions of mandatory and enhanced penalties, Commission members, some of whom are presently or were formerly involved in law enforcement as prosecutors or police officers, voiced concern over the effect the practice of plea bargaining away mandatory and enhanced penalty offenses had on the deterrent effect of such provisions. While the Commission was mindful that this topic was then understudy by the Legislature, and notwithstanding the fact that the Commission did not study plea bargaining in depth, there was sufficient concern over the adverse impact plea bargaining had on the effectiveness of mandatory minimum sentences to cause the Commission to express that concern. RECOMMENDATION NO 4. The Commission expresses serious concern over the excessive use of plea bargaining in the disposition of mandatory and enhanced p enalty weapons cases, and urges all States Attorneys to eliminate or curtail the practice. E. REPORTS OF STOLEN WEAPONS Evidence suggests that stolen weapons are more likely to be used in the commission of a crime than legitimately purchased weapons. Other evidence indicates that most criminals obtain firearms by theft or other illegal means. Deterrence of the theft of firearms is important to the safety of the People of Florida. Additionally a database of stolen weapons would vitally assist law enforcement officers and prosecutors in the apprehension and conviction of those who steal firearms. To establish a comprehensive database there should be an inducement for victims of firearms thefts or losses to report such incidents. While the commission considered requiring the trace of every firearm used in the commission of a crime, it was determined that requiring traces was not likely to produce any benefit to either law enforcement or the People of Florida. RECOMMENDATION NO 5. The Commission recommends that a mandatory minimum one year sentence of incarceration be imposed upon anyone convicted of theft of a firearm, and that an owner of a firearm who timely reports the theft or loss of that firearm be immunized from civil liability resulting from such theft or loss. Additionally the commission recommends the creation of a comprehensive database of stolen weapons to facilitate the prosecution of those who steal firearms. F. SELECT FIRE WEAPONS "Select fire" weapo ns, which are described as a weapon having a switch which would allow the user to shoot the weapon in the fully automatic mode (multiple shots with a single pull of the trigger) or in semi automatic mode (one shot for each separate pull of the trigger, are governed by Federal Statutes and by Section 790.221 Florida Statute. There are no reported instances of criminal use by the owner of a select fire weapon registered under provisions of federal law. Unregistered select fire or fully automatic firea rms have been used in some reported criminal acts in this state. The Commission had no data to determine the policy of the United States Attorneys in the prosecution of cases involving unregistered select fire weapons. Although it was argued that establishing a non-lethal act as a capital offense might have constitutional implications, the Commission rejected the argument and determined that the deterrent effect of such penalty and the danger inherent in the discharge of such weapons during the com mission of a crime warranted such punishment. RECOMMENDATION NO 6. That the penalty for possession of a select fire weapon or machine gun, which is unregistered and not lawfully possessed under federal law, be increased to life imprisonment and that discharge of a select fire weapon or machine gun, which is unregistered and not lawfully possessed under federal law, during the commission of a crime be a capital offense.* *Commission member Gardiner specifically dissented from both reco mmendations. G. CRIMINAL DEFENSES Many violations of Florida's criminal law require proof of a specific intent that a specific result occur. Some states have replaced premeditation and specific intent with a more general intent to commit the act which constitutes the crime. Most of those states have eliminated voluntary intoxication as a defense. The victim of an act that has resulted in death is no less dead nor is the act less onerous because the actor was voluntarily intoxicated on alco hol or drugs. In Florida, defenses such as "Voluntary intoxication" used to negate the "specific intent" element of Florida's Murder Statute, the "specific intent" requirement itself, and the short length of sentences for conviction of lesser murder charges may create the perception that the taking of human life is not viewed as a serious crime in Florida. Such perception may lessen the deterrent value of the punishment for such crimes. RECOMMENDATION NO 7. That the legislature request the Criminal Justice Committee to re examine "Specific intent" as an element of murder and other crimes and reevaluate the defense of voluntary intoxication as a negation of the "specific intent" requirement in such crimes. RECOGNITION Throughout the Commission's work the personnel assigned by Secretary of State Jim Smith, within his Division of Licensing to provide the logistical support for the Commission rendered superior service in every aspect of their duties. Their attention to detail, o rganization and professional demeanor significantly contributed to the Commission's ability to function. The Commission expresses its appreciation to the Secretary of State, and the Division of Licensing for their invaluable assistance in fulfilling the administrative needs of the Commission. The Commission also wished to specifically recognize the superior performance of those duties by Director John Russi, Executive Secretary Doris Paul, administrative assistant Celine Melton and Staff Assistant A pril Howard who were personally involved in the conduct of every meeting. IV. CONCLUSION The Commission determined that the current record keeping requirements of law enforcement agencies substantially lessened the Commission's ability to determine the types of weapons used in crime in Florida and to determine which, if any weapons were "assault weapons". Data received from the survey together with the fact that almost all invited law enforcement officers pre sented no evidence of illegal weapons use in their communities at the hearings did not establish that "assault weapons" were a threat to the people of Florida. The Commission did not vote in favor or against a ban or other restriction on use or possession of any firearms, but each of the members present at the meeting April 6, 1990 stated his or her opinion concerning assault weapons and the Commission's work. In addition, each commission member was invited to submit a written statement to suppleme nt his or her statement made at the meeting. As requested, the comments of each Commission member present at that meeting, together with any supplemental written submissions, follow this conclusion in the order given. CHIEF SAM F. LYNN Chief Lynn reiterated his concern over the inexpensive 9mm weapons available which hold the larger clips. He expressed concern that the number of murders involving this type of weapon is increasing and the youth are carrying these weapons. He stated that t hese are the new "Saturday night specials" in Florida. JEROME BAUMAN Mr. Bauman said that he was not in favor of banning all weapons. He believes that certain weapons are predominantly used for illegal purposes and have little reasons for being in the hands of private citizens. He feels that "assault weapons" should be defined in accordance with the usage of such term by the general population and the media and that the legislature intended to find an appropriate definition for those weap ons in lieu of the strict limited definition of assault weapons as select fire weapons as used by the NRA and weapons experts. He feels that it is up to the Commission to define these weapons and find means to get them off the street and out of the hands of criminals and street gangs. He does not believe that the prior emphasis on after-the-fact punishment, no matter how severe, will ever work unless accompanied by some means of reducing the number of such paramilitary weapons in the hands of the general population. JOSEPH SHUTT Mr. Shutt stated that he is an advocate for control of semi-automatic assault style rifles, shotguns and pistols. He would like to see the Commission adopt the definition of assault weapons as defined by the national Attorney General. He stated that if the Commission failed to do so he would be disappointed. RICHARD GARDINER Mr. Gardiner stated that the evidence gathered by the Commission does not indicate that certain firearms are more dangerous tha n others. He stated that the Tec 9 is a 9mm firearm that is essentially the same as a 38 caliber; many of the firearms discussed are essentially the same but look different. He stated that the focus on firearms is wrong and that the focus should be on the use of firearms. He stated that the evidence shows that only .03% of the firearms used in crimes in Florida fall in the list discussed and that, therefore, a ban of any type of firearm would be infringing on the rights of 99.97% of the purchasers of those firearms. He feels that the Commission should be pleased with the results achieved by making the recommendations to the Legislature. He stated that the Commission has achieved what the legislature wanted it to achieve. MARION HAMMER Ms. Hammer stated that there is no unanimous consensus of the Commission on the issue of a ban of any type of weapon. She believes that the expert testimony and data collected indicate that there is no problem with assault weapons in Florida. She st ated that people are quick to ban something they have no interest in and that taking a firearm away from a law abiding citizen will not take care of the crime problem in Florida. She believes that the only way to deter criminals is to impose stricter penalties. The fear of harsh penalties no longer exists in Florida. She further stated that when the fear factor exists again, the young criminals will quit using these weapons. They know they will not be punished because our justice system has gone s our. She stated that if there is a ban on these weapons that the criminals will get them anyway. Fully automatic weapons have been banned for 55 years but are still in the hands of criminals, which shows that banning weapons does not get rid of them. She recommends an increase in the penalties for using weapons, building more prisons, increasing the number of judges and providing more law enforcement. SHERIFF RICHARD WORCH Sheriff Worch stated that the Commission was charged by the Legislatu re to gather information and make recommendations. He stated that the Commission has concluded that the data is lacking and he expressed concern about law enforcement agencies' lack of response to the survey. He stated that before any decision can be made, supporting data should be obtained to make a determination whether a problem exists. He supports the recommendation that law enforcement be required to report weapons information so that, within a year or so, a reasonable decision can be made based on statistical data. SENATOR HOWARD FORMAN Senator Forman stated that officer Greer was gunned down by a Tec 9. He stated that a lot more information is needed on assault weapons. He feels that the use of assault weapons is on the rise and expressed concern that a lot of innocent people are being hurt. He stated that assault weapons were designed to hurt a lot of people very quickly. He does not feel the Commission has gone far enough and stated that he intends to pursue the issue. SENATOR W. G. BANKHEAD Senator Bankhead stated that the principle problem encountered by the Commission was the inability to define assault weapons. He stated that the Commission has been unable to distinguish between good semi-automatic weapons and bad ones; without specific criteria a distinction cannot be made. He feels that the Commission has made substantial recommendations that he has brought to bill drafting to be introduced in the Legislature. He went to FDLE's firing range and fi red 10 or 12 different types of guns; it appears the only difference between the semi-automatics is the appearance of the handle. He feels that the Commission did not fail in their mission but that they developed a good report. REPRESENTATIVE S. L. CLEMENTS Representation Clements stated that the Commission learned that the information needed on weapons is not available but the Commission has done an excellent job of recommending a method of obtaining this data in the future. He feels that in one or two years the data will be available which will allow specific recommendations to be made. He stated that he is against a ban on these weapons, he feels that harsher penalties should be imposed on the use of these weapons in the commission of crimes rather than taking the weapons away from collectors and those who use them for target practice. He recommends pursuing legislation that will solve some of the problems identified by the Commission and do what is right for all people in Flor ida. MICHAEL SAPORITO The general thrust of the Commission has been to determine whether a problem exists with respect to certain weapons in Florida, and if so, to identify that problem and make appropriate recommendations for its solution. This task was complicated by the fact that it necessarily involved a resolution of the potential conflict between the right to Keep and Bear Arms guaranteed by Article i Section 8 of the Florida Constitution and the interests of the State in protecting its citizens. While there has been precedent for enacting legislation which has the effect of limiting the exercise of a constitutionally guaranteed right, such legislation should not be enacted unless there is a compelling need to do so which is clearly demonstrated by objective facts. Any such legislation should embody the least intrusive action necessary to achieve the required result. In attempting to determine whether a problem exists with a specific firearm in Florida, the Commission fash ioned a survey to be sent to all Sheriffs and Chiefs of Police in the state and all Federal Agencies whose normal duties might include contact with firearms in Florida. At the same time the Commission scheduled hearings and invited the same people to relate their experiences with illegal use of firearms in their individual jurisdictions. Potentially, the results from the hearings could be used to test the results of the survey. Of the 415 surveys sent out, only 126 were returned and 107 provided d ata showing a total of 90 such weapons being reported seized or abandoned 3 by 23 jurisdictions over a period of four years.4 This average of approximately 22 weapons per year (or 1 per jurisdiction per year) does not show a compelling need for regulatory legislation or the imposition of limitations on an otherwise constitutionally guaranteed right. This conclusion is reinforced by the fact that of the 415 heads of Florida law enforcement invited, only 3 people representing 2 agencies attended and spoke. Had there been a significant problem involving illegal use of firearms in their jurisdictions the invited law enforcement officers would have attended the hearings and said so. Some organizations have advocated enactment of restrictive legislation to prevent a problem which "might" occur. Such action would be analogous to incarcerating certain members of our society because they "might" commit crimes. We would not condone the latter and should not accept the former. Lastly, it shoul d be recognized that while both the Federal and State Constitutions contain checks and balances between the various branches of the government, only the Bill of Rights contains checks and balances between the government and the people. All of those rights are essential for the preservation of a political system in which the government is subject to the will of the people, and not vice versa. The dilution of any one constitutional right is the dissolution of all, ultimately resulting in a political sy stem in which the people are subject to the will of the government. The consequence of a loss of those rights has been amply demonstrated in history from the infamous Inquisition to the notorious Nazi Concentration Camps to the tragic Tienamen Square events. Actions which limit these rights should therefore not be lightly taken. The implementation of recommendation 3 would provide more reliable data and facilitate the work of some future commission in re examining this question and making appr opriate findings and responsible recommendations. REPRESENTATIVE RONALD GLICKMAN Representative Glickman was absent. Respectfully submitted on behalf of the Commission, By Michael Saporito, Chairman FLORIDA ASSAULT WEAPONS COMMISSION ROLL CALL VOTES APRIL 6, 1990 Motion by Representative Clements to send a letter to Florida Department of Law Enforcement requesting a change in their crime reporting forms to include specified information. Second Sheriff Worch. Yes No Absent W. B. Bankhead Ronald Glickman S. L. Clements Marion Hammer Richard Gardiner Richard Worch FLORIDA ASSAULT WEAPONS COMMISSION ROLL CALL VOTES APRIL 6, 1990 Motion by Representative Clements to send a letter to Florida Department of Law Enforcement requesting a change in their crime reporting forms to include specified information. Second Sheriff Worch. Yes No Absent W. B. Bankhead Ronald Glickman S. L. Clements Marion Hammer Richard Gardiner Richard Worch Howard C. Forman Jerome A. Bauman Joseph T. Shutt Sam F. Lynn Motion carried. Motion by Senator Bankhead, as amended, to recommend that law enforcement agencies be given the option to 1) destroy confiscated firearms; 2) trade them for weapons or equipment needed by the agency; or 3) auction them off to authorized and licensed dealers. Second by Mr. Gardiner. Yes No Absent W. B. Bankhead S. L. Clements Ronald Glickman Marion Hammer Howard C. Forman Richard Gardiner Jerome Bauman Richard Worch Joseph T. Shutt Sam F. Lynn Motion failed. Motion by Senator Forman to recommend that possession of an unregistered machine gun be a life felony. Second by Marion Hammer. Yes No Absent W. B. Bankhead Jerome Bauman Ronald Glickman Howard C. Forman S. L. Clements Marion Hammer Richard Gardiner Sam F. Lynn Joseph T. Shutt Richard Worch Motion carried. Motion by Senator Forman, as amended, to recommend that discharge of an unregistered machine gun during the commission of a crime be a capital offense. Second by Jerome Bauman. Yes No Absent W. B. Bankhead Richard Gardiner Ronald Glickman Jerome Bauman S. L. Clements Howard C. Forman Marion Hammer Sam F. Lynn Joseph T. Shutt Richard Worch Motion carried. Motion by Richard Gardiner to recommend that the Legislature ask the Criminal Justice Committee to study the specific intent crimes and reconsider the defense of voluntary intoxication. Second by W. B. Bankhead. Yes No Absent W. B. Bankhead Ronald Glickman Jerome Bauman S. L. Clements Howard C. Forman Richard Gardiner Marion Hammer Sam F. Lynn Joseph T. Shutt Richard Worch Motion carried. Motion by Senator Bankhead to recommend the suggestion by the Chair that the study conducted of the feasibility of a private penal system for non violent offenders who would manufacture and sell pro ducts to offset the costs of the institution, and that would reward hard workers with gain time and extra privileges as well as accumulate a portion of the profit on manufactured and sold products to be given to the inmate upon release. Second by Jerome Bauman. There was no vote on this motion at the Chair's suggestion that, while it might make room in other facilities for inmates with enhanced sentences, it was clearly beyond the scope of the Commission's task. FOOTNOTES 1. The return of surveys was as follows: No experience with "assault weapons" last 4 years 39 No "assault weapons" listed in returned surveys 43 Data unusable 2 unable to provide requested information 17 reported experience with 90 "assault weapons" last 4 years 25 Total surveys returned 126 Total firearms reported 90 Average number firearms/yr (rounded) 23 Average number of firearms/yr/jurisdiction reporting such firearms 0.92 Ten additional surveys were received after the surveys were tabulated. The change in the above data was as follows: No experience with "assault weapons" last 4 years 41 No "assault weapons" li sted in returned surveys 45 Data unusable 3 unable to provide requested information 18 reported experience with 140 "assault weapons" last 4 years 29 Total surveys returned 136 Total firearms reported 140 Average number firearms/yr (rounded) 35 Average number firearms/yr/jurisdiction reporting such firearms 1.21 Commission member Sam F. Lynn's City of St. Petersburg reported more TEC 9 pistols than all other jurisdictions combined. 2. Wright and Rossi, "armed and Considered Dangerous: A Survey of Felons and Their Firearm", Aldine De Gruyter, New York, 1986. 3. This classification was believed to provide the most accurate information based upon examination of the firearms in police possession by a knowledgeable officer. 4. See note 1 supra APPENDIX A ASSAULT WEAPONS COMMISSION MEMBERS Honorable W.G. Bankhead Honorable Howard C. Forman Senator, District 9 Senator, District 32 P.O. Box 41624 4000 Hollywood blvd. Jacksonville, FL 32203-1624 Hollywood, FL 33 021-6744 Honorable S.L. Clements Honorable Ronald Glickman Representative, District 62 Representative, District 66 P.O. Box 2370 4302 Henderson Blvd. Brandon, FL 22509-2370 Tampa, FL 33629 Ms. Marion Hammer Mr. Joseph Shutt P.O. Box 6565 2760 Banyan Road A-4 Tallahassee, FL 32314 B oca Raton, FL 33432 Mr. Richard E. Gardiner Mr. Jerome Bauman Director 7820 Peters Road State and Local Affairs Suite E-103 NRA Institute for Legislative Plantation, FL 33324 1600 Rhode Island Avenue, N.W. Washington D.C. 20036 Honorable Richard Worch, Jr. Chief Sam F. Lynn Sheriff, Charlotte County 1300 1st Avenue, Nort h 25500 Airport Road St. Petersburg, FL 33705 Punta Gorda, FL 33950 Michael R. Saporito P.O. Box 4300 Winter Park, FL 32793 APPENDIX C ASSAULT WEAPONS/CRIME SURVEY IN FLORIDA FOR YEARS 1986, 1987, 1988, 1989 COMPILED FEBRUARY 1990 Compiled for the Florida Assault Weapons Commission Assault Weapons Survey Number of Surveys Sent Out 324 - Chief of Police 67 - Sheriff 10 - State Law Enforcement Agencies 14 - Federal law Enforcement Agencies 415 - Total Number of Surveys Received 97 - Chief of Police 16 - Sheriff 7 - State Law Enforcement Agencies 6 - Federal Law Enforcement Agencies 126 - Total Number of Surveys Received With Statistical Information 49 - Chief of Police 10 - Sheriff 4 - State Law Enforcement Agencies 3 - Federal Law Enforcement Agencies 66 - Total Number of Surveys Received Without Statistical Information 48 - Chief of Police 6 - Sheriff 3 - State Law Enforcement Agencies 3 - Federal Law Enforcement Agencies 60 - Total Telephoned - Will Not Respond 3 - Chief of Police 2 - Sheriff 1 - Federal Law Enforcemen t Agencies 6 - Total ASSAULT WEAPONS SURVEY Survey Received With Statistical Information State Law Enforcement Agencies Department of Business Regulation Department of Natural Resources Florida Department of Law Enforcement Florida Highway Patrol Federal Law Enforcement Agencies U.S. Coast Guards U.S. Marshals Service U.S. Secret Service Sheriff Charlotte County Escamb ia County Flagler County Jefferson County Manatee County Okeechobee County Osceola County Polk County St. Johns County Sarasota County Chief of Police Altamonte Springs Apopka Atlantis Auburndale Belleair Belleair Beach Boca Raton Bradenton Cocoa Beach Coconut Creek Coral Gables Coral Springs Deland Fort Pierce Fort Walton ASSAULT WEAPONS SURVEY Survey Received With Statistical Information Chief of Police (Continued) Fruitland Park High Springs Holly Hill Indian Shores Inverness Lake Parke Shores Lake Placid Lake Worth Lantana Lauderdale By The Sea Longboat Key Metro Dade Miramar North Miami North Palm Beach Oakland Park Ocala Ocoee Okaloosa Palm Beach Palm Springs Panama City Panama City Beach Pensacola Port Orange Port St. Lucie Quincy Stuart Tampa USF Valparaiso Vero Beach West Miami Winter Springs ASSAULT WEAPONS SURVEY Survey Received Without Statistical Information State Law Enforcement Agencies Florida Department of Agriculture & Consumer Services Florida Department of Lottery Florida Game & Fresh Water Fish Commission Federal Law Enforcement Agencies Federal Bureau of Investigation (Jacksonville) Federal Bureau of Investigati on (Miami) Fish & Wildlife Service Sheriff Indian River County Levy County Palm Beach County Pinellas County Suwannee County Taylor County Chief of Police Bay Harbor Islands Bradenton Beach Brooksbille Cassellberry Cedar Grove Clearwater Delray Beach Edgewater Fort Lauderdale Frostproof Green Cove Springs Gulf Breeze Highland Beach Howey-In-The-Hills Indian Harbor Jupiter Jupiter Island Lakeland Magnonia Park Marian na Medley ASSAULT WEAPONS SURVEY Survey Received Without Statistical Information Chief of Police (Continued) Melbourne Melbourne Beach Melbourne Village Miami Beach Miami Shores Milton Mount Dora North Port Okeechobee Orlando Oviedo Palm Bay Pierson Plant City Pompano Beach Port St. Joe Punta Gorda Saint Augustine Sanibel Sebastian Sebring Sewall's Point Trenton West Palm Beach Wilton Manors Windermere Winter Park WEAPONS LISTED IN "ASSAULT WEAPONS" BILLS SEIZED OR ABANDONED IN FLORIDA 1986 - 1989 TYPE OF WEAPON 1986 1987 1988 1989 TOTAL UZI 1 0 0 1 2 TEC 9 1 1 6 7 15 TEC 22 0 0 0 2 2 MAC 10 2 2 0 2 6 MAC 11 1 2 0 0 3 RUGER MINI 14 3 1 4 0 8 COLT AR 15 0 1 1 5 7 BERETTA AR 70 0 0 0 0 0 FN FAL 0 0 0 0 0 FN FNC 0 0 0 0 0 STYER AUG 0 0 0 1 1 HK MOD 91 0 0 0 0 0 HK MOD 93 0 0 0 0 0 HK MOD 94 0 0 0 0 0 SKS 0 0 0 1 1 SIG 551 SP 0 0 0 0 0 SIG 550 SP 0 0 0 0 0 STERLING MK6 0 0 0 0 0 STERLING C4 0 0 0 0 0 ARMALITE AR 180 0 0 0 0 0 CALICO M 900 0 0 0 0 0 AUTO ORDNANCE THOMPSON 0 0 0 0 0 UNIVERSAL ENFORCER 0 0 1 0 1 STREET SWEEPER 1 0 0 0 1 STRIKER 12 39 0 0 0 39 AK 47 (ALL MODELS) 0 0 1 0 1 TYPE 84 (ALL MODELS) 0 0 0 0 0 TYPE 86 (ALL MODELS) 0 0 0 0 0 TYPE 56 (ALL MODELS) 0 1 0 0 1 VALMET M76 0 0 0 0 0 VALMET M78 0 0 0 0 0 M76 COUNT ER SNIPER 0 0 0 0 0 GALIL 0 0 0 0 0 L1AIA 0 0 0 0 0 SAR 48 0 0 0 0 0 ALGIMEC 0 0 0 0 0 AR180 0 0 0 0 0 AUSTRALIAN SAR 0 0 0 0 0 BER ETTA BM59 0 0 0 0 0 CIS SR88 0 0 0 0 0 GS3A 0 0 0 0 0 K1 0 0 0 0 0 K2 0 0 0 0 0 M14S 1 0 0 0 1 MAS223 0 0 0 0 0 AK22 0 0 0 0 0 AP74 0 0 0 0 0 GALIL 22 0 0 0 0 0 M16/22 0 1 1 0 2 TYPE OF WEAPON (CONT) 1986 1987 1988 1989 TOTAL UNIQUE F11 0 0 0 0 0 ERMA EM 22 0 0 0 0 0 VALMET HUNTER 0 0 0 0 0 TOTALS 49 9 14 18 90 SOURCE: SURVEY OF 415 LAW ENFORCEMENT AGENCIES, 126 RESPONSES, 106 WITH DATA. CONDUCTED BY THE FLORIDA ASSAULT WEAPONS COMMISSION FEBRUARY 1990 NOTE: SEE FOOTNOTE 1 OF REPORT FOR EFFECT OF LATE RETURNS. APPENDIX E ATTACHMENTS 1.+ "Stockton - The Fact s" by Martin L. Fackler, M.D. 2.* "Wounding Effects Of The AK-47 Rifle Used by Patrick Purdy in the Stockton Schoolyard Shooting of January 17, 1989", by Fackler, M.L., Malinowski, J.A., Hoxie, S.W., Jason, A. 3.+ Letter of H.P. White Laboratory, Inc. dated January 26, 1990. 4.+ "The Armed Criminal in America" by James D. Wright featured in United States Department of Justice publication, "Research in Brief" November 1986. 5.+ Letter of Florida Department of Law Enfor cement dated January 31, 1990. 6.+ Letter of Florida Department of Law Enforcement dated February 14, 1990. 7.* "Switzerland Without An Army" by R.A.I. Mundy featured in "Small Arms in International Security" reproduced with written permission of the copyright holder, February 1990. 8.* "The Cuban Connection: Guns by the Ton" by Edward C. Ezell featured in "Small Arms In International Security" reproduced with written permission of the copyright holder, November 1989. 9.* "American Laws Enforcement Officers Survey for 1989" conducted by the National Association of Chiefs of Police reproduced with permission. 10.+ Flyer Supporting DeConcini Bill S.747. 11.@ Photograph of Ruger Mini 14 with standard wood stock and with accessory stock, magazine, bipod and flashlight. 12.@ Photograph of Remington pump shotgun with standard wood stock forearm and vent rib barrel, and with accessory stock, forearm, plain barrel, barrel extension and flashligh t. 13.+ Analysis of survey returns prepared by Commission member, Marion P. Hammer. 14.+ Letter to Commissioner, Tim Moore, Florida Department of Law Enforcement, dated April 18, 1990. 15.+ Sign-in Sheet - Hearings conducted by Florida Assault Weapons Commission, February 5, 1990. ATTACHMENTS (Continued) 16.+ Letter of James T. Moore of May 14, 1990. 17.+ Minutes of Commission Meetings. 18.+ Transcribed Testimony of Colonel Martin Fackler, Mr. Roy Freeman, Mr. Bob Cummings, Mr. Mack Rominger, Undersheriff David Hall and Dennis H. Clarke. Notes * Will be uploaded when permission is received from copyright holder. + Will be uploaded as seperate files when completed. OTHER DOCUMENTS CONSIDERED BY THE COMMISSION BUT NOT APPENDED 1. Chapter 89-306 Laws of Florida. 2. Chapter 790 Florida Statutes. 3. Transcribed Testimony, James Baker before U.S. Senate Judiciary Committee. 4. Florida Departme nt of Law Enforcement Report on Military Style Assault Weapons. 5. Hr 1190/S. 386 Stark/Metzenbaum Bill 6. California Assault Weapons Bills. 7. Colorado Assault Weapons proposal. 8. Michigan Legislation concerning Assault Weapons. 9. Summary of report by Metro Dade Crime Lab, 1988. 10. "Draft Report on Systems for Identifying Felons who attempt to purchase firearms", Federal Register Vol. 54, No. 121, June 26, 1989, P26902. 11. Florida Supreme Court Opinion "Rin zler vs. Carson" case 41,065 reported at 262 So 2nd 661. 12. "Law enforcement officers killed and assaulted 1988 Annual Report" prepared by Florida Department of Law Enforcement. 13. Cox newspaper report on gun tracing. 14. NOTE: Numerous submissions consisting of newspaper accounts, secondhand accounts, video tapes and other such data was submitted. Because of their marginal value, they are not separately listed. OTHER PUBLICATIONS CO NSIDERED BY THE COMMISSION BUT NOT APPENDED "Armed and Considered Dangerous", James D. Wright and Peter H. Rossi, Aldine deGruyter, Hawthorne, NY, 1986. "Crime Control Through the Private Use of Armed Force", Gary Kleck, "Social Problems" Vol. 35, No. 1, University of California Press, Berkeley, CA 1988. "Crime in Florida 1988 Annual Report", Florida Department of Law Enforcement, Tallahassee, Florida, 1989. "To Keep and Bear Their Private Arms: The Adoption of the Second Amendment 1787- 1791", Stephen P. Halbrook, 10 Northern Kentucky Law Rev. 13 1982. "To Preserve Liberty - A Look at the Right to Keep and Bear Arms", Richard E. Gardiner, 10 Northern Kentucky Law Rev. 63, 1982. "Assault Weapons and Accessories in America". A joint project of The Educational Fund to End Handgun Violence and New Right Watch. Washington, DC, 1989. "Nationwide Off-Duty Weapon Policy and Experience Survey, A pilot study", J.R. Mainport, "Police Marksman", December 1989, p.22. "Report and Recommendation of the A.T.F. Working Group on the Importability of Certain Semiautomatic Rifles", Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Washington, DC, 1989. "Summary of Psychiatric History of Selected Murders and Mass Murders", Joseph Wesbecker, Patrick Purdy... John Hinckley... et al,Citizens Commission on Human Rights, Los Angeles, CA, 1989. Subject: Florida A.W. Commission - Exec Summary Part 2 STOCKTON -- THE FACTS by Martin L. Fackler, MD Madman shoots 35 in Stockton schoolyard; 30 of those hit survive. That would have been the appropriate headline. Why did the media dwell almost exclusively on the five that did not survive? A military type AK-47 rifle was used. Full-metal-jacketed military type bullets were used. That 86% of those children recovered from their wounds comes as no surprise to those who understand this particular bullet's wounding potential . Those familiar with the international laws governing warfare recognize that the military full-metal-jacketed bullet is specifically designed to limit tissue disruption -- to wound rather than to kill. Purportedly mandated for "humanitarian" reasons by the Hague Peace Conference of 1899, this type of bullet actually proves to be more effective for most warfare. It removes not only the one hit from the ranks of the combatants, but also those needed to care for him. Full-metal-jacketed bullets are prohibited for hunting; they are too likely to wound rather than kill. Most full-metal-jacketed AK-47 bullets do not deform significantly on striking the body, unless they strike bone. They characteristically travel point-forward until they penetrate 9 to 10 inches of tissue (if a bullet yaws, turning sideways during its tissue path, it causes increased disruption). This means that most AK-47 shots will pass through the body causing no greater damage that produced by handgun bullets. The limi ted tissue disruption produced by this weapon in the Stockton schoolyard is consistent with well documented data from Vietnam (the Wound Data and Munitions Effectiveness Team collected approximately 700 cases of AK-47 hits), as well as with controlled research studies from various wound ballistics laboratories. To put the 17 January 1989 Stockton incident in context, it must be compared with past shootings: 1. Only four of the eleven shot at the ESL Co. in Sunnyvale, CA, on 16 February 1988, survived. The weapon was a 12 gauge shotgun. 2. Only eleven of the thirty-two shot in the MacDonalds (24 July 1984, San Ysidro, CA) survived. Of the three weapons used, the deadliest weapon by far was a pump-action 12 gauge shotgun. The overwhelming majority of the media coverage of the Stockton shooting has consisted of misstatements, exaggerations and inappropriate comparisons. It is ironic, in this country where firearms have played such a prominent historic role, that the general kn owledge of weapon effects has become so distorted. Cinema and TV accounts of shootings constantly distort and exaggerate bullet effect. When shot, people do not get knocked backwards by the bullet; nor do they become instantly incapacitated, as usually depicted. False expectations resulting from these misleading performances have confused crime scene investigators, law enforcement and military trainers, and our courts of law. Exaggerations of weapon effects in the post Vietnam era even affect ed wound treatment adversely. It is just within the past year, that these errors in military treatment doctrine have been corrected ("Emergency War Surgery - NATO Handbook", Washington, DC, GPO, 1988). Television accounts showing assault rifles exploding watermelons, newspaper descriptions comparing their effects to "a grenade exploding in the abdomen," and describing organs being destroyed and bones pulverized by apparently magic "shock waves" from these "high-velocity" bullets must cause the t hinking individual to ask: If these rifles really cause such effects, how is it possible that thirty children (actually 29 children and one teacher) hit in that Stockton schoolyard survived? The effects of the media frenzy have been to produce at least a four-fold increase in the number of AK-47's in California. This immense demand has drawn stocks of these weapons from all over the USA and abroad. If producers of these weapons had advertised their effects as portrayed by the media, they would be liable to prosecution under our truth in advertising laws. When the same misinformation is presented by the "free press" it is apparently perfectly legal. These are the facts. Why have you not seen them in the reports of this incident? Ask the media. Ask them also about accountability and responsibility. Corrections have been offered, in writing, to the "New York Times", the "San Francisco Examiner", and the "Oakland Tribune", with no response. Phone conversations with media sources m ade clear their preference for the more dramatic misconceptions and exaggerations over verified scientific facts. Everyone with a political axe to grind that can be even remotely related to the Stockton schoolyard shooting is coming out of the woodwork for their share of the free publicity ride on the media-produced emotional frenzy roller- coaster. It's really sad, if not downright disrespectful, to see the deaths of those children used to produce the lynch-mob/three-ring-circus atmosphere ext ant recently in the California State Legislature. The lack of any comprehensive data on gunshot wounds (incidence related to weapon type, bullet type, outcome, etc.) has long been a serious handicap in considering how to approach the gun problem. The situation has now been compounded by unprecedented media zeal. Zeal mixed with misinformation is a prescription for disaster. The exaggerations used to whip up their emotional frenzy have, at the same time, deprived the public of the established facts about weapon effects. Gunshot wounds pose a serious problem. Any sensible solution demands sober consideration of valid data on wound frequency, severity, circumstances, and treatment. Considering the many thousands of shootings in our urban areas each year, competent collection of these data on a national basis could, in a short time, define the problem realistically and objectively. Both sides of the gun control argument should replace confrontation with cooperation by jointly sponso ring a National Gunshot Wound Study. Valid, objective data might then replace uninformed exaggeration and hysteria as a guide to action. The assault rifle fiasco brings to light a far more basic problem: Who is to protect the public from a zealous media whose "cause" takes them beyond bias to falsehood and fabrication? FACTS Martin L. Fackler, MD, FACS 1. Military full-metal-jacketed bullets, such as those used on the Stockton schoolyard, are des igned to limit tissue disruption -- to wound rather than kill. In warfare, this bullet is effective: it removes not only those hit from the ranks of the combatants, but also others needed to care for them. These bullets are prohibited for hunting because they lack killing power. Bullet type, not weapon type, is the critical factor in determining the amount of body tissue disrupted. 2. Most full-metal-jacketed AK-47 bullets do not deform unless they strike bone. They travel point-forward throu gh 9 to 10 inches of tissue before they yaw (turn sideways, and strike more tissue). Thus, these bullets generally cause no greater damage than handgun bullets. The results from the Stockton schoolyard (35 hit, 30 survivors) are consistent with data from Vietnam (700 cases of AK-47 hits were studied in detail), as well as with studies from wound ballistics laboratories. 3. To put the 17 January 1989 Stockton shooting in context: A. Only four of the eleven shot by Richard Farley at the ESL Co. in Sunnyvale, CA, on 16 February 1988, survived. The weapon was a 12 gauge shotgun. B. Only seven of the twenty-one shot by Christian Dornier on 12 July 1989, in Luxiol, France, survived. The weapon was a 12 gauge shotgun. C. Twelve of the twenty shot by Joseph Wesbecker on 14 September 1989, in Louisville, KY, survived. The weapon was an AK-47 rifle (which he had boug ht in May or June 1989). D. Thirty of the thirty-five shot by Patrick Purdy in Stockton survived. The weapon was an AK-47 rifle. SHOTGUN -- 33% survived RIFLE -- 76% survived 4. The overwhelming majority of the Stockton shooting media coverage has consisted of misstatements and exaggerations. Television reports showing assault rifles exploding watermelons, newspaper descriptions comparing their effects to "a grenade exploding in th e abdomen", and describing organs being destroyed and bones pulverized by apparently magic "shock waves" from these "high-velocity" bullets must cause the thinking individual to ask: if these rifles cause such effects, how is it possible that 30 out of the 35 hit on the Stockton schoolyard survived? 5. The result of the media created frenzy, in California, has been more than a four-fold increase the number of AK-47s, AR-15s, etc. despite the tripling of their price. 6. Good sense demands that any action be supported by historical precedent. "No matter how one approaches the figures, one is forced to the rather startling conclusion that the use of firearms in crime was very much less when there were no controls of any sort... Half a century of strict controls on pistols has ended, perversely, with a far greater use of this class of weapon in crime than ever before." Greenwood, C. "firearms Control", London, Routledge & Kegan Paul, 1972 p.243. N ot only have the many thousands of gun laws in the USA failed to have the desired effect, they have been counterproductive. 7. Near total noncompliance has resulted from "assault rifle" laws passed in California. Recent reports from Denver also indicate massive noncompliance. Our law enforcement judicial system can ill afford the weakening resulting from such wholesale noncompliance. 8. The first step in any rational approach is defining a problem's magnitude and scope. Is the total number of deaths caused by firearms (the often cited 30,000 per year), including suicides (over one-half of the total), felons killed while committing a crime, terrorist hostage takers killed by police, killings in self-defense, hunting accidents, etc. an appropriate focus? Or are we primarily interested in the criminal use of firearms? Whatever the scope decided upon, both sides must confine their figures to it alone in order to avoid the distortions and inconsistencies ("comparing apples and oranges") t hat have been conspicuous in previous "gun" debates. 9. Lack of any comprehensive, reliable data on gunshot wounds (incidence related to weapon type, bullet type, treatment, outcome, etc.) is a serious handicap. Media distortions have created an emotional frenzy and, at the same time, deprived the public of the established facts about bullet effects. Sensible problem solving requires sober consideration of valid data. Competent collection of data from urban shootings could define the problem r ealistically and objectively. Instead of wasting millions of dollars fighting each other, both sides of the gun control dispute should jointly sponsor an ongoing National Gunshot Wound Study. Valid, objective data might then replace uninformed exaggeration, bias, and hysteria as a guide to action. WOUNDING EFFECTS OF THE AK-47 RIFLE USED BY PATRICK PURDY IN THE STOCKTON SCHOOLYARD SHOOTING OF 17 JANUARY 1989 by Fackler, M.L., Malinowski, J. A., Hoxie, S.W., Jason, A. ABSTRACT The limited disruption produced in tissue simulant by the rifle and bullets used in the Stockton schoolyard shooting is entirely consistent with the autopsy reports of the five children who died from their wounds. It is also entirely consistent with well documented battlefield studies and with previous tissue simulant studies from many laboratories It is inconsistent with many exaggerated accounts of "assault rifle" wounding effects described by the media in the aftermath of this incident. This information should be documented for the historical record. However, the critical reason for correcting the misconceptions produced by the media reaction to this incident is to prevent injurious distortion of gunshot wound treatment. KEY WORDS -- wound ballistics, military rifle bullets, assault rifle, ballistic injury, wound treatment. Wounding effects -- AK-47 Rifle -- 2 On 17 January 1989 Patrick Purdy used a semi-automatic AK-47 Chines e military type rifle (Norinco, serial #MS010963) to fire 104 shots into a schoolyard filled with children in Stockton, California. All of the bullets that he fired were 124 grain full-metal-jacketed military type loaded in 7.62 X 39 mm cartridges, made by the Federal Cartridge Company, Anoka, Minnesota (documented in the Stockton Criminalistics Laboratory by identification of the empty cartridge cases recovered from the crime scene). Thirty-five of the individuals in the school yard were injured by Purdy's bullets. Thirty of the thirty-five wounded were treated in eight hospitals and survived their wounds. Five died on the schoolyard. The media seized on the Stockton incident with sensationalistic zeal. Distortions, exaggerations and uninformed assumptions were presented as fact. Corrections of factual errors were, in most cases, ignored. The public and medical personnel called upon to treat shooting victims have consequently been deprived of the established facts about the true effects of "assault rifles". These failings have made this paper necessary. For any chance of a rational solution, the gunshot wound problem must be approached with verified facts and competently collected data. Wounding effects -- AK-47 Rifle --3 METHODS Eight shots were fired from a distance of 3 meters into 25X25X50 cm blocks of 10% ordnance gelatin placed end to end at 4 degrees C gelatin tempera ture. This gelatin has been shown to reproduce the projectile deformation and penetration depth seen in living animal muscle (1). Sufficient gelatin blocks were placed end-to-end to capture the entire projectile path. The rifle was fired from a fixed rest. Five shots were fired using the Federal 124 grain full-metal-jacketed ammunition found in Purdy's possession. This was identical to the ammunition shot on the Stockton schoolyard. One shot each was also fired using a Winchest er-Western full-metal-jacketed bullet, a full-metal-jacketed bullet of Chinese manufacture (Norinco), and a Winchester-Western 123 grain soft-point bullet. All of these bullet types were found in Purdy's possession. Velocity was recorded and tissue disruption measured as described in the wound profile methodology (1). Autopsy reports on the five children who died of their wounds were reviewed, and hospitals were the survivors were treated were contacted for follow-up informa tion. Wounding effects -- AK-47 -- 4 RESULTS Numerical results of the shots are listed in Table 1. Figure one shows the five Federal full-metal-jacketed bullets recovered from the gelatin blocks. The last bullet on the right is listed as number five in Table 1. It passed out the side of the gelatin block (at 66 cm penetration depth) and struck the wall of the shooting range. These Federal bullets have a copper jacket and a lead co re; they all deformed slightly in the gelatin (bases flattened to approximately 5 X 9.5 mm -- see Fig. 1). The bases of these Federal full-metal-jacketed bullets were unusual; they had a conical depression about 4 mm deep in the lead core. A similar depression has been seen in only one bullet previously shot in our laboratory -- the 7.62 X 54 R, used in Russian and Chinese light machine guns and sniper rifles. The Winchester-Western full-metal-jacketed bullet (No. 7, Table 1) per formed identically to the Federal bullets. The Norinco full-metal- jacketed bullet did not deform at all, as expected, because its largely steel core is much more resistant to compression than lead, as shown second from the left in Figure two. The maximum temporary cavity diameters estimated from the radial cracks in the gelatin (1) were all between 14 and 16 cm in diameter, and their location was at a penetration depth 6 - 12 cm deep to the location where the bullet yaw began (see Fig. 3). Wounding effects -- AK-47 Rifle -- 5 The Winchester-Western soft-point bullet deformed by flattening its tip and expanding its diameter to 15 X 16.5 mm. It also lost 22 percent of its weight through bullet fragmentation (see lower right, Figure two), and its temporary cavity began after only a few cm of penetration, where bullet expansion occurred. Summary of autopsy findings: 1. In each child the bullet path passed through a vital structure. In one case it was the head, another the heart, another the liver, another the lungs, and the last, the aorta and spinal cord. 2. On two occasions a second shot was reported to have passed through a hand, and in one case, through a foot. In one of the hand perforations, it is unequivocal that it was a second shot rather than the same shot perforating two body parts. In this case, the bullet had passed through the sternum, the heart, and then through a vertebral body; the bullet was fou nd just under the skin of the back. This was the only bullet retained in the body on any of the autopsies. 3. The weights of the children were 20, 18, 26, 19, and 25 kg. 4. The largest tissue disruption in any of the organs was approximately 3.81 cm, in the right lobe of the liver. 5. There was no damage to any organ not hit directly by a bullet. Wounding effects -- AK-47 Rifle -- 6 DISCUSSION All of the full-metal-jacketed bullet s followed the basic pattern described previously (2) and shown in the wound profile (Fig. 3). The Federal full- metal-jacketed bullets used by Purdy are of flat base design and shorter in length than the military rounds (compare Figs 1 and 2). Their mean penetration distance before significant yaw (13.7 cm) is considerably shorter than that of the Ak-47 military round as shown on the wound profile (25 cm) and that seen in shot number 7 (20 cm). That 86% of the wounded survived is not surprising to those who are familiar with the relatively mild wounding characteristics of the Ak-47 military round (3). The Russian/Chinese military full-metal-jacketed AK-47 bullets, with steel cores, do not deform on striking the body, unless they hit bone. These AK-47 bullets characteristically travel point-forward until they penetrate 25 cm of tissue. Only when this type bullet yaws, turning sideways during its tissue path, does it cause significantly increased disruption (Fig. 3). Therefore, many AK-47 shots will pass through the body causing no greater damage than that produced by nonexpanding handgun bullets. The limited tissue disruption produced by this weapon in the Stockton schoolyard is consistent with well documented data from Vietnam (the Wound Data and Munitions Effectiveness Team collected approximately 700 cases of Ak-47 hits), as well as with controlled Wounding effects -- AK-47 Rifle -- 7 research studies from wound ballistics labora tories (2-4). Our study shows the Federal full-metal-jacketed bullets used by Purdy yaw (increase the angle between the bullet long axis and the bullet path) at a shallower penetration depth than the standard Russian/Chinese military ammunition. Ordinarily, this action should make these bullets more disruptive. However, the children shot were small (18-26 kg), obviously increasing the chances for a bullet to pass through the body before yawing to a significant degree, and un doubtedly contributing to the high survival rate. The slight flattening seen in the lead-core Federal bullets does not add significantly to the wound size. The magnitude of the tissue disruption reported from the fatal shots inflicted by the AK-47 bullets fired by Purdy was, in fact, no greater than that produced by many common handgun bullets. Much of the media coverage generated by the Stockton shooting has contained misstatements and exaggerations. The myth of "shock waves" resounding from these "high velocity" bullets "pulverizing bones and exploding organs" (even if they were not hit by the bullet) "like a bomb" going off in the body was repeated by the media, in certain cases even after they were furnished solid evidence disproving these absurdities (5). None of the autopsies showed damage beyond the projectile path. One "expert" was quoted as stating that the death rate from "assault weapons ... approaches 50 percent" (6). Another, reporting on the effects of "high speed" bullets, stated "Most of those hit in an Wounding effects -- AK-47 -- 8 extremity will end up with amputations. If you're hit in the trunk, it becomes a lethal injury ..." (7). On the Stockton schoolyard, the death rate was 14 percent and none died later; none required extremity amputation. Extensive war wound experience (Wound Data and Munitions Effectiveness Team information on 1400 cases of rifle wounds from the Vietnam conflict) and laboratory studies with the AK-47 are consistent with the Stockton injuries (2-4). The first author of this paper has treated many nonlethal trunk wounds from a variety of "assault rifles". In his experience, extremity wounds from these weapons requiring amputation are extremely rare. The "assault rifle" shoots a bullet that is intermediate in power between the regular infantry rifle and a handgun. Trunk wounds are lethal when they hit vital structures, as supported by the autopsy findings from Stockton. Pertinent to the material reviewed for this paper, the Chief of Police of the City of San Jose, Joseph D. McNamara, stated, "One bullet hitting a child in Stockton, took out his entire stomach." (8). Our review of the autopsy reports shows that only one of the children killed by Mr. Purdy in the Stockton schoolyard had damage to the stomach. It states, "STOMACH: There is a perforating wound of the antrum due to passage of the bullet. The stomach is otherwise normal . There is no spillage of gastric contents." An unsuspecting public and medical community might accept Chief McNamara's highly exaggerated description as fact. Wounding effect -- AK-47 Rifle -- 9 The exaggerated assault rifle effects presented by the media have had the pernicious effect of causing an unprecedented demand for "assault rifles". Estimates from sales figures indicate that the number of these weapons in California has greatly increased since the Stockton shooting