Sitting Ducks The
Threat to the Chemical and Refinery Industry From 50 Caliber Sniper Rifles
Section Three: Lessening the Risk A
serious impediment to addressing the threat to America's refineries and chemical
industrial facilities is that many who are knowledgeable about the environmental
and safety issues concerning such plants know little or nothing about guns, much
less the 50 caliber sniper rifle.76 Although some environmentalists
are now becoming educated to the threat of the 50 caliber sniper rifle, much broader
education of policymakers, news media, and security specialists needs to be undertaken.
This report aims at that goal. Environmentalists
active on this issue generally prefer a strategy of lessening the risk at the
site through "inherent safety" measures, such as employing safer materials and
minimizing storage volumes.77 The Violence Policy Center recognizes
the merit of this strategy, but believes that the threat of the 50 caliber as
a tool of terror extends far beyond this issue. Accordingly, it urges the following
strategy for dealing with the deadly consequences that are certain to follow in
the wake of the gun industry's cynical campaign to market weapons of war like
the 50 caliber sniper rifle to civilians.
Add 50 Caliber Sniper Rifles to the National Firearms Act of 1934
Congress
should immediately amend federal law to bring 50 caliber sniper rifles under the
National Firearms Act of 1934. This action would subject these weapons to the
same regimen of registration, background checks, and taxation to which other weapons
of war, such as machine guns and destructive devices, are currently subjected.
There should
be no "grandfathering" of existing weapons to exempt them from the law, and any
grace period for registration should be very short. America must know who besides
Osama bin Laden possesses these deadly tools of assassination and terror.
Permanently Ban Export of 50 Caliber Sniper Rifles to Civilians
The
President may not need to wait for Congress to take action on this point. He should
immediately order the Department of State to review whether export of these weapons
to civilians should be allowed under existing restrictions on export of weapons.
If the Department finds that 50 caliber sniper rifles should not be allowed under
existing restrictions, the President should call for a permanent export ban. Clearly
it is not in the interest of America's national security to allow any more 50
caliber sniper rifles to end up in the hands of international terrorists, drug
lords, or common criminals.
Improve Reporting and Record-Keeping Requirements
Under
current procedures, the federal Bureau of Alcohol, Tobacco and Firearms (ATF)
cannot state with certainty how many 50 caliber rifles have been manufactured
in the United States. Moreover, the minimum reporting requirements that apply
to firearm manufacturers do not even include the reporting of model numbers. Likewise,
information regarding how many of these sniper rifles have been used in crime
is extremely limited. ATF keeps track of how many times local police departments
request that such weapons be traced. However, no information regarding the police
department requesting the trace or the type of crime with which the weapon was
associated is available. This
type of information is essential to be able to assess the level of threat posed
by these weapons. ATF should immediately revamp its reporting standards to require
that the manufacturers of sniper rifles report the exact number of such weapons
produced each year, including the caliber and model designation and the identity
of any person to whom the weapon has been transferred by the manufacturer. ATF
should also enhance the collection, analysis, and dissemination of tracing data
related to all sniper rifles. Specifically, ATF should collect and make available
to the public information regarding the frequency of the use of such weapons in
crime, including the nature of those crimes.
Use the Civil Justice System to Hold Manufacturers Accountable
The
marketing of 50 caliber sniper rifles presents a classic case, using ordinary
"black letter" tort concepts, of an industry's calculated decision to sell without
restraint unnecessarily powerful weapons of war as "toys"—in reckless disregard
of clearly foreseeable consequences stemming from the intended and advertised
use of the product. Given
their acknowledged design purpose, 50 caliber sniper rifles are clearly qualitatively
different from any other class of firearm. Other firearms sold in the civilian
market are at least nominally designed and sold for sporting or supposed self-defense
purposes. Fifty caliber sniper rifles, on the other hand, are designed and sold
for the express purpose of killing people and destroying property. Civil courts
should be prepared to recognize this fact. Therefore,
a useful strategy for effective control may lie in civil litigation, a strategy
that would be enhanced if states passed legislation clearly establishing strict
liability for damages resulting from the use or misuse of such weapons. Such litigation
could impose tort liability, including punitive damages, for manufacturers, wholesalers,
distributors, importers, retailers, and any others who participate in bringing
to the civilian market any 50 caliber sniper rifle or associated gear (such as
ammunition or optics) that is used to kill or injure a human being or to damage
property. In
short, the gun industry should be held to the strictest standards of legal accountability
available for the design and marketing to civilians of 50 caliber sniper rifles,
as detailed in this report.
Ban the Sale of Armor-Piercing Ammunition
Military
surplus armor-piercing (AP) and armor-piercing incendiary (API) ammunition for
50 caliber sniper rifles is widely and readily available. Although Congress has
banned the manufacture of some armor-piercing ammunition, those restrictions apply
only to handgun ammunition. The existing ban on armor-piercing ammunition should
be updated and expanded to cover all AP and API ammunition. This would most effectively
be accomplished through the promulgation of a performance standard in which ammunition
is tested for its ability to penetrate bullet-resistant vests, ballistic
glass, and armor, as opposed to the existing standard based on the bullet's content.
Enact
Comprehensive Regulation of the Gun Industry
Taken
together, the foregoing recommendations would significantly reduce the severe
and immediate threat that 50 caliber sniper rifles pose to public safety and national
security. But on a broader level, the marketing of 50 caliber sniper rifles to
civilians simply highlights the chronic problems that stem from the lack of comprehensive
regulation of the firearms industry. As
the gun industry markets each new deadly innovation, public policy typically responds
on a reactive, piecemeal basis. This must change if we are to keep up with the
industry's consistent and deadly ingenuity. The gun industry must be subject
to the same type of regulation that already applies to virtually every other industry
in America. The gun industry is currently exempt from even the most basic
consumer health and safety laws. Congress
should act on legislation introduced by Senator Robert Torricelli (D-NJ) and Representative
Patrick Kennedy (D-RI), the Firearms Safety and Consumer Protection Act. The bill
would vest the Department of the Treasury with strong consumer protection authority
to regulate the design, manufacture, and distribution of firearms and ammunition.
The agency would be empowered to take the steps necessary to protect the public
from unreasonable risk of injury resulting from the use of firearms or
firearm products. The agency would be able to set minimum safety standards for
firearms and ammunition, issue recalls, mandate safety warnings and, in extreme
circumstances, ban certain models or classes of weapons. This
legislation would end the gun industry's deadly immunity from regulation and permit
the Department of the Treasury to respond immediately to new threats to public
safety such as 50 caliber sniper rifles. e)
The current definition of armor-piercing ammunition is based on the materials
employed in the construction of the projectile and the relative weight of the
projectile jacket. See 18 U.S.C. § 921 (a)(17)(B) and (C).
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All contents © 2002 Violence Policy Center
The Violence
Policy Center is a national non-profit educational foundation that conducts research
on violence in America and works to develop violence-reduction policies and proposals.
The Center examines the role of firearms in America, conducts research on firearms
violence, and explores new ways to decrease firearm-related death and injury.
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