WHEREAS, firearms related-violent crime is steadily increasing in the United States both in the yearly death toll and number of shooting incidents (see full 2007 PDF); and

WHEREAS, for the year 2006, 50 of the 55 law enforcement officers feloniously killed in the line of duty were with firearms; and

WHEREAS, the reduction of gun violence and efforts to reduce the criminal sale and misuse of firearms has been and continues to be a major initiative of the IACP; and

WHEREAS, gun shows are a known source of firearms recovered in illegal gun trafficking investigations; and

WHEREAS, the intended purpose of the United States Congress in passing the Gun Control Act is clearly delineated in the preamble of this Act, which states as follows, to provide support to Federal, State, and local law enforcement officials in their fight against crime and violence; and

WHEREAS, Congress enacted a requirement under federal law requiring criminal and other background checks on all persons purchasing firearms from federal licensed dealers in order to minimize access to firearms by prohibited persons; and

WHEREAS, the congressional intent in formulating federal legislation to address firearms-related violent crime was twofold: (1) provide law enforcement a tool for arresting criminals and other prohibited persons who possess and utilize firearms and, (2) decrease the availability and accessibility of firearms from legal and illegal sources to prevent criminals and other prohibited persons from obtaining firearms; and

WHEREAS, there are more than 4,000 gun shows annually in the United States, and WHEREAS, a government study found that anywhere between 25% to 50% of the vendors selling firearms at most gun shows do not have licenses and are not required by law to conduct background checks, and 

WHEREAS, 91 percent of background checks take less than five minutes and 95 percent are completed within two hours, now, therefore, be it

RESOLVED that a requirement of a criminal background check be conducted for all firearm sales or transfers at all gun shows, whether the sellers are licensed or unlicensed to ensure that prohibited purchasers cannot obtain firearms; and, be it

FURTHER RESOLVED that the IACP recommends that federal legislation be expanded, as part of the current federal firearms licensing and background provisions, to require any person selling a firearm(s) at a Gun Show to have a National Criminal Instant Check System (NICS) background check and that federal forms and records be completed either through the auspices of a licensed firearm dealer or for the seller to apply for and receive a temporary gun show permit to sell a firearm(s) at such an event (as defined above); which will require the completion of all federal forms, records, as well as a background check of the sale; and, be it

FURTHER RESOLVED, that a temporary transfer permit shall clearly state: This is not a license to engage in the business of selling firearms and is limited to a specific dated event, and, be it

FURTHER RESOLVED, that for anyone receiving a temporary permit to sell firearms at a Gun Show that within 48 hours of the completion of the event that the permittee shall forward all forms, records, and background approvals for firearm(s) sales to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Tracing Center for inclusion in the Out-of-Business Records in order that they will be available for law enforcement investigative purposes. 3 IACP, The Police Chief, May 2006, Line-of-Duty Deaths Increase in 2006. Alexandria, VA. 4 BATF, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers 5 Department of Treasury/Bureau of Alcohol, Tobacco, and Firearms, Gun Shows: Brady Checks and Crime Gun Traces, January 1999. 6 Id. at 19. 7 Department of Justice, National Instant Criminal Background Check System (NICS): 2001/2002 Operational Report, May 2003. 8 United States General Accounting Office, Gun Control: Implementation of the National Instant Background check System

WHEREAS, the membership of the IACP passed a resolution in 1992 declaring that there are no legitimate sporting or hunting purposes recognized for certain semi-automatic, military-style guns and calling for a ban on such weapons; and

WHEREAS, in 1994 Congress passed the Violent Crime Control and Law Enforcement Act, which included provisions making it a federal crime for an individual to possess or transfer assault weapons manufactured after that date; and

WHEREAS, this ban will expire on September 30, 2004 unless Congress specifically acts to reauthorize it; and

WHEREAS, if the ban were to expire, all of the guns banned under the law could go back into immediate production; and

WHEREAS, the IACP supports efforts to eliminate the staggering proliferation of these weapons that police face each day; therefore be it

RESOLVED, that the IACP strongly supports legislation to reauthorize the existing ban on assault weapons; and be it

FURTHER RESOLVED, that the IACP also supports any technical amendments designed to correct oversights in the original law that weaken the effects of the prohibition on assault weapons.

WHEREAS, the reduction of firearms-related crime has been and continues to be a major goal of the IACP; and

WHEREAS, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has created the National Integrated Ballistic Information Network (NIBIN) program as a partnership with state and local law enforcement agencies; and

WHEREAS, through NIBIN, ATF provides comprehensive support to state and local forensic laboratories, including ballistic imaging and comparison, maintenance and upgrades, a communications network, and user training; and

WHEREAS, as their part of the partnership, NIBIN partner agencies provide personnel to enter crime gun evidence and evaluate potential “hits”; and

WHEREAS, use of ballistic imaging and comparison equipment allows state and local forensic laboratories to conduct an initial comparison of thousands of pieces of crime gun evidence in seconds, and this capability alerts firearms examiners to potential links between crimes not otherwise known to be related; and

WHEREAS, the NIBIN network enables agencies to pool their evidence and to work together more effectively against criminals operating in multiple jurisdictions; and

WHEREAS, NIBIN partner agencies not able to make maximum use of the system have given lack of available funding and personnel in forensic laboratories as a primary reason; now, therefore, be it

RESOLVED, that the IACP recommend the NIBIN program, and make this recommendation known to its members and other law enforcement organizations; and be it

FURTHER RESOLVED, that the IACP present Congress with our recommendation that ATF’s resources be maintained at sufficient levels to provide the vital federal support for this program; and be it

FURTHER RESOLVED, that the IACP present state and local authorities with our recommendations that state and local law enforcement resources be increased, enabling participating agencies to gain the maximum benefit from the NIBIN program; and be it

FURTHER RESOLVED, that the IACP present Congress with our recommendation that additional funding sources be found at the federal level to assist state and local law enforcement agencies in maintaining sufficient staffing at forensic laboratories nationwide; and be it

FURTHER RESOLVED, that the Governing Body of the IACP present copies of this resolution to all IACP members and ATF.

WHEREAS, the Bureau of Alcohol, Tobacco and Firearms (ATF) and the National Shooting Sports Foundation (NSSF) have launched a national campaign named “Don’t Lie for the Other Guy”; and

WHEREAS, this program is designed to deter the illegal “strawman” purchase of firearms, where people buy guns with the intent to give it to a person who has been prohibited by state or federal law from possessing a firearms; and

WHEREAS, it is aimed at educating and training firearm retailers to better identify potential “straw purchasers” and to educate the public on the consequences of purchasing a firearm for someone who legally cannot; and

WHEREAS, support and implementation of this program will help reduce these illegal transactions; now, therefore, be it

RESOLVED, that the Governing Body of the IACP support this joint initiative and distribute the supporting materials to its members.

WHEREAS, since 1993, firearms-related injuries and deaths have been declining steadily; and

WHEREAS, yet they continue to remain the second leading cause of injury death in the United States, accounting for approximately 31,000 deaths and 64,500 non-fatal injuries treated in hospitals in 1998; and

WHEREAS, the majority of fatal and non-fatal firearm-related injuries result from interpersonal violence and intentional self-inflicted gunshot wounds; and

WHEREAS, it was estimated in 1994 that the treatment of gunshot injuries in the United States was estimated at $2.3 billion in lifetime medical costs, of which the federal government paid $1.1 billion; and

WHEREAS, local law enforcement budgetary costs for investigations of firearm-related crimes is a significant portion of an agency’s overall budget; and WHEREAS, the reduction of firearms-related crime has been and continues to be a major goal of the International Association of Chief of Police (IACP); and

WHEREAS, an essential mission of the IACP is to inform and recommend to law enforcement executives methods of operation that have been successful; now, therefore, be it

RESOLVED, that the IACP recommends that firearms enforcement remain a central part of every police agency’s overall strategy for reducing violent crime in their community; and be it

FURTHER RESOLVED, that the IACP recommends joint firearms enforcement programs involving local, state and federal agencies, such as Project Exile, the Boston Gun Project/Operation Ceasefire, and Project Safe Neighborhoods, which have shown significant reductions in firearms related violent crime during the last decade; and be it

FURTHER RESOLVED, that the IACP will make known this recommendation to its members and other law enforcement organizations, such as but not limited to the National Organization of Black Law Enforcement Executives, National Sheriffs’ Association, National District Attorneys Association, Police Executive Research Forum, and the Police Foundation, whose partnerships are essential to the success of these endeavors; and be it

FURTHER RESOLVED, that the IACP will continue to lobby legislative bodies to support and fund such projects, as well as provide informational literature and training materials for departments to initiate such programs in order to ensure that the decline in firearm related fatalities and injuries will continue in the United States.

WHEREAS, the “Brady Act,” our nationwide mandated background check for firearms, has been law for several years; and

WHEREAS, most states have succeeded in updating equipment that makes instant checks possible; and

WHEREAS, conservative estimates show that well over a hundred thousand prohibited individuals have been refused when attempting to purchase a firearm; and

WHEREAS, the Bureau of Alcohol, Tobacco and Firearms (ATF) reports that their resources allow prosecutions against only the most serious and potentially dangerous violators; and

WHEREAS, it is a federal felony with a potential sentence of 10 years in federal prison for a prohibited person who attempts to purchase a firearm; and

WHEREAS, many states have existing laws that provide for prosecution of prohibited individuals; and

WHEREAS, we believe that prosecuting more of these prohibited individuals for violations of the Gun Control Act and state laws will have an immediate, substantial impact on reducing gun crimes in the United States; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) present Congress and appropriate state and local authorities with our recommendations that state and local law enforcement, ATF and the Department of Justice’s (DOJ) resources be increased to enable greater prosecution of individuals violating these statutes; and be it

FURTHER RESOLVED, that Congress and appropriate state and local authorities are requested to allocate the funds to enable federal and state courts, state and local law enforcement, ATF and the Department of Justice to carry out this mission within 3 years; and be it

FURTHER RESOLVED, that the Governing Body of the IACP present copies of this resolution to all IACP members, ATF and the Department of Justice.

WHEREAS, gun-related violent crime is one of this nation’s primary concerns, and the deaths of our citizens, especially our children, harms families, communities, society, and erodes the value and quality of life and depletes our precious human and economic resources; and

WHEREAS, firearms make it easier to commit violent crime, because a firearm reduces the need for the criminal to risk a physical confrontation with the victim. By reducing the supply of crime guns to convicted felons, violent criminals, gang members, and domestic and youthful offenders, it will reduce the overall violent crime rate as well as the armed violent crime rate; and

WHEREAS, law enforcement agencies across the country are becoming increasingly aware of the capabilities and potential of the ATF National Tracing Center’s crime gun trafficking information system, named project E-LEAD, and the strategic enforcement value of analyzing traces to find jurisdictional patterns, and are reaping investigative benefits from the firearms traces that they and others have been submitting; and

WHEREAS, raising an obliterated serial number from a crime gun is often possible and yields a wealth of information, because the ATF National Tracing Center indicates that the majority of firearms recovered with an obliterated serial number were illegally trafficked after being purchased in a multiple sale of firearms or after being stolen; now therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 105th annual conference in Salt Lake City, Utah, encourages all members to adopt or expand on three basic enforcement strategies that will not cost your agency any additional money or manpower, yet will have an impact on the reduction of violent crime; and be it

FURTHER RESOLVED, that all law enforcement agencies be encouraged to trace all of the firearms that have been seized or confiscated including those with obliterated serial numbers; and be it

FURTHER RESOLVED, that all law enforcement personnel ask suspects involved in violent, gun related and drug crimes, where the crime guns are coming from; and be it

FURTHER RESOLVED, that all law enforcement agencies establish liaisons with the local ATF offices to receive the benefit of the intelligence information and investigative information provided by project E-LEAD, and that a copy of this resolution be sent to the Bureau of Alcohol, Tobacco, and Firearms, and the governor and legislative body of each state that is not yet tracing all recovered crime guns.

WHEREAS, the widespread unlawful use, possession and sale of firearms is directly related or contributes to the number one cause of duty related deaths of police officers and results in thousands of deaths and injuries to citizens each year; and

WHEREAS, law enforcement agencies come into possession of tens of thousands of these firearms each year; and

WHEREAS, the recirculation of these firearms back into the general population increases the availability of firearms which could be used again to kill or injure additional police officers and citizens; now therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 105th annual conference in Salt Lake City, Utah, encourages all law enforcement agencies to adopt a mandatory destruction policy of all firearms that come into its possession which are unregistered, found or unclaimed property, used in the commission of any crime, surrendered voluntarily by any citizen, purchased for use by that agency, or by any other means, shall, once they have served any evidentiary purpose or usefulness for police, be destroyed in such a fashion as to render them permanently unusable as firearms. All other such weapons shall not be sold, traded, nor redistributed, other than for legitimate law enforcement or forensic purposes, where the agency maintains ownership and control, except that agencies may donate such weapons to legitimate museums for historical purposes. Those agencies who sell such firearms will do so only to a federally licensed firearms dealer and shall report the serial numbers to the Federal Bureau of Alcohol, Tobacco, and Firearms.

WHEREAS, an estimated 2,000,000 (two million) firearms are in the FBI stolen gun file, and an estimated 200,000 firearms are stolen every year in the United States and added to the file, and these numbers do not include stolen firearms with insufficient information for entry into NCIC; and

WHEREAS, many of these firearms are used in the commission of other crimes; and

WHEREAS, according to the Center for Disease Control, thousands of people are killed or injured every year because firearms are left unsecured in homes and businesses; and

WHEREAS, responsible firearms owners should secure their firearms from theft and from misuse; and

WHEREAS, the technology exists to make firearms more secure from theft and misuse; this includes such things as safes, triggerlocks, and monitored alarm systems; now therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 105th Annual Conference in Salt Lake City, Utah, encourages all its members to support programs which improve the secure storage of firearms and reduce the opportunity for theft or misuse; and be it

FURTHER RESOLVED, that the IACP supports the development of new technology which will improve the ability of firearms owners to safely and securely store their firearms; and be it

FURTHER RESOLVED, that the IACP urges all law enforcement professionals to be role models in the safe and secure storage of firearms.

WHEREAS, gun-related violent crime is one of this nation’s primary concerns, and the deaths of our citizens, especially our children, harms families, communities, society, and erodes the value and quality of life and depletes our precious human and economic resources; and

WHEREAS, raising an obliterated serial number from a crime gun is often possible and yields a wealth of information, because the ATF National Tracing Center indicates that the majority of firearms recovered with an obliterated serial number were illegally trafficked after being purchased in a multiple sale of firearms or after being stolen; and

WHEREAS, there is current technology in the firearms manufacturing industry which replaces the current stamping of individual serial numbers on the frames of firearms with a laser etching process, and that with laser etching shallow serial numbers can be obliterated much easier, which reduces the probability of law enforcement investigators successfully raising the obliterated serial numbers; now therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 105th annual conference in Salt Lake City, Utah, encourages all members to advocate that firearms manufacturers and importers continue the practice of stamping the serial numbers into the metal frames of firearms and discontinue laser etching; and be it

FURTHER RESOLVED, that firearms manufacturers and importers work with law enforcement agencies to stamp serial numbers in hidden places just like the automobile industry has done to thwart the efforts of criminals who may attempt to obliterate them, and that a copy of this resolution be sent to the Bureau of Alcohol, Tobacco, and Firearms, domestic and major foreign firearms manufacturers and importers, and the governors and state legislative bodies.

WHEREAS, a number of states have enacted “shall issue” concealed carry laws for civilians and that other states are considering such legislation; and

WHEREAS, the International Association of Chiefs of Police has adopted the position that the decision to carry a firearm for self-defense is one that carries with it grave responsibilities; and

WHEREAS, the consequences of misuse of firearms under such circumstances could be tragic for the firearms owner, the public and law enforcement; now, therefore be it

RESOLVED, that the International Association of Chiefs of Police urges those states and/or localities which have enacted or are considering concealed carry legislation to include in the requirements for permit issuance strict criminal history and mental history background checks and stringent training requirements to include, at a minimum, weapons safety, safe storage, marksmanship, proper behavior when armed and confronted by a police officer, and applicable law governing use of firearms including criminal penalties and potential civil liability; and be it

FURTHER RESOLVED that the International Association of Chiefs of Police recommends that concealed carry legislation provide for the periodic renewal of permits upon demonstration of continued fitness.

WHEREAS, local and state law enforcement agencies often have access to a wider range of background records than those that are currently available to the National Instant Check System (NICS); and

WHEREAS, as a result of this additional information, decisions on approval of record checks for the purchase of firearms are best made closest to the point of sale; and

WHEREAS, several states now serve as Point of Contact (POC) states, meaning that they perform the background checks for firearms purchases in their states; and

WHEREAS, the high cost of performing this operation and lack of federal support for these efforts is placing a strain on the budgets of the agencies performing these checks; and

WHEREAS, without federal support, POC states will be forced to either charge their citizens a fee for the performance of background checks or end their participation as a POC state; and

WHEREAS, as a result it is possible an individual who would be denied at the state level may receive a purchase approval under the NICS system; and

WHEREAS, the possibility of prohibited persons purchasing firearms poses a public safety risk to citizens; and

WHEREAS; Attorney General Janet Reno recognizes the difficulties faced by POC states and has made efforts to secure federal funding assistance for POC states; now therefore be it

RESOLVED, that the International Association of Chiefs of Police urges Attorney General Reno to continue her efforts to secure federal funding assistance for Point of Contact States; and be it

FURTHER RESOLVED, that a copy of this resolution be sent to Attorney General Janet Reno and to the Appropriation Committees of the U.S. Congress.