Legislative Watch

Operation Ceasefire

Operation Ceasefire and Senate Bill 301 provide new weapons in the fight against gun violence in Wisconsin.

by Brian Burke

Wisconsin has just taken an important step forward in the fight against gun violence. Since the beginning of this year, a unique task force of federal, state, and Milwaukee-area law enforcement officials has been cracking down hard on gun-toting criminals. Known as Operation Ceasefire, the effort already has produced a surge in gun-related arrests in the Milwaukee area.

Operation Ceasefire will channel the worst offenders, those with a prior record for violence or drugs, directly into federal courts where they face tough mandatory sentences. Gun offenders not targeted for federal prosecution will be tried in a new speedy trial gun court presided over by a Milwaukee County Circuit Court judge.

Key to making Operation Ceasefire work is state funding for six new Milwaukee County prosecutors. Two are cross-designated as special assistant U.S. attorneys so they can try cases in both state and federal courts. This ability of local prosecutors to move cases into federal court is not new, but Operation Ceasefire's infusion of resources will enable greater use of this option.

Operation Ceasefire also features a public education campaign to spread the word about the severe penalties for illegal use or possession of a firearm. State and local dollars will fund the first wave of radio and television ads, public service announcements, and billboards. In the future, community leaders will look to businesses, organizations, and private citizens to supplement existing resources by investing in safer streets and neighborhoods.

Cities with similar initiatives have witnessed a dramatic reduction in violent crime. In Richmond, Va., for example, the number of homicides involving firearms dropped by 36 percent, from 122 in 1997 to 78 the following year.

Operation Ceasefire's additional resources will be especially helpful with difficult cases, such as the prosecution of straw purchasers, who buy guns on behalf of felons and others who cannot pass background checks.

A recent report by the federal Bureau of Alcohol, Tobacco and Firearms shatters the myth that guns used in crimes usually are stolen or transported across state lines. According to the report, many criminals get their guns from local dealers who sell to straw purchasers.

Unfortunately, cases against straw purchasers are difficult to prosecute in Wisconsin. Under current law, the assistant district attorney must convincingly demonstrate that the defendant, at the time of purchase, intended to transfer the firearm to a third party. Proving intent, of course, is a difficult burden.

I have proposed legislation to require that all handgun sales be channeled through licensed dealers. Under Senate Bill 301, all private handgun sales must comply with the same background checks and waiting periods now required of sales by licensed dealers.

Not only does this close a gaping loophole in the system of background checks, it strengthens the prosecutor's hand against straw purchasers. Instead of having to prove the intent of the straw purchaser, the prosecution merely needs to show that a sale took place without going through a licensed dealer.

I was pleased to secure state funding for Operation Ceasefire with bipartisan support in the Wisconsin Legislature. So far, my proposal to regulate private sales also has attracted bipartisan support. As might be expected, it also has stirred zealous opposition from gun advocates.

Sen. Brian Burke, Georgetown 1981, has served in the state Senate since 1988. He is the Senate author of Operation Ceasefire. Burke previously served as a Milwaukee County assistant district attorney.

Pro-gun forces would prefer to simply jack up the penalties for straw purchasers. This is fine, as far as it goes, but does nothing to solve the fundamental evidentiary problem. By making handgun transactions outside the regulated system illegal, we strengthen our ability to hold straw purchasers accountable.

The need is urgent. Firearm use claims the life of one person every 17 hours in Wisconsin. In Milwaukee County, firearms have been the number one cause of injury-related deaths since the mid-1980s. Handguns are used in roughly 80 percent of all slayings committed in the county.

Operation Ceasefire provides a much-needed boost in resources to turn the tide on these grim statistics. Tightening the law on straw purchases will give law enforcement officials one more tool to improve the chances that Operation Ceasefire's additional arrests turn into convictions.

Wisconsin Lawyer