[background noise] [gavel] committeese judiciary will come to order. Without objection the chair is authorized to declare recesses at any time. We welcome everyone to this mornings hearing on protecting america from assault weapons. I will now recognize myself with an Opening Statement. Assault weapons have been repeatedly used of weapons of deadly violence on our citizens. In just the last two years, las vegas, parkland, pittsburgh, poway, midland and odessa have seen Mass Shootings at the hands of a gunman with assault weapons. Last month we added el paso and dayton to the list of communities shattered by Mass Violence perpetrated by a gunman old with armed with assault weapons. Todays hearing is about whether america will tolerate weapons of war in our streets and in our neighborhood. Simply put civilian assault , weapons are just semi automatic versions of military weapons. Have passed bans on assault weapons, these have been proven too easy to evade. This is one reason i support a national ban on assault weapons. For example, despite californias ban on assault weapons, a man was able to drive across the border into nevada to buy an assault weapon. A 75 round high capacity magazine, plus five 40 round magazines and used this to kill three people and wound 17 others in a matter of minutes at the gilroy garden festival. A gunmans intent on killing whether the target is one person or many can hop over state lines and return to kill others. We must examine this dangerous problem and how to address it. In 1994 the assault weapons ban which expired in 2004 was a watershed event that offers a guide for today. Looking at the effectiveness of that law, they have shown mass shooting fatalities were 70 less likely to occur compared to the periods before and after the ban. Another study found that the assault weapons ban was associated with a 25 drop in gun massacres and a 40 drop in fatalities. The ban however was not without its shortcomings. During the ban, the gun industry, as usual putting profits over morality, boosted boasted of its ability to modify assault weapons that were technically legal. Lighting one ak47 clone, in gun magazine wrote in spite of the assault weapons bans im sorry in spite of Assault Rifle bans, bans of high capacity magazines, the ranting s of the antigun media and the rifles of apolitical incorrectness, the kalashnikov has flourished. Today theres probably more models and accessories to choose from than ever before. Closed quote. Thus boasting about how to evade the law, a law intended to protect human lives. As we consider how best to address the problem of assault weapons, we must examine the loopholes in the 1994 law that weakened its effectiveness. Although the lethal impact of assault weapons is highly evident in shootings, they present a far broader problems. These weapons pose a daily threat to our communities. Whether or not they are used in particular times to cause mass casualties or make national news. They hold a particular appeal to criminals who can wield terror without them even without causing loss of life on a wide scale. For too long, the response in congress to the daily toll of gun violence in our streets and our schools and in places of worship has been moments of silence. Thats changed. Earlier this year, this committed reported committee reported and the house passed legislation to expand and improve our background checks system. This committee recently approved bills to establish systems for extreme Risk Protection orders, ban large capacity magazines, and prohibit individuals convicted of hate crime misdemeanor from possessing firearms. You will soon discover whether Republican Leadership in the senate is still in abject fealty to the gun manufacturers why not when they consider this legislation. Todays hearing continues the important task of addressing our Shameful National problem of gun violence. Today, well discuss assault weapons and examine options for dealing with these particularly dangerous weapons of war. And tomorrow, our subcommittee on crime terrorism and Homeland Security will conduct a hearing concerning Community Responses to gun violence in our cities. We must take a comprehensive approach to solving the National Crisis of gun violence. An issue that for too long has been ignored by national leaders. We know the American People want us to examine the facts and to find solutions. And this hearing is an important step towards that goal. I would like to recognize the survivors and advocates here today, including those from newton, parkland, march for our lives, and moms demand action. I thank you for your tireless advocacy. You inspire us all. I thank our witnesses for appearing today, and i look forward to their testimony. I understand that the Ranking Member is on his way. Well proceed to witness testimony at this time, and i will recognize the Ranking Member for his Opening Statement when he arrives. Without objection, all other Opening Statements will be included in the record. I will now introduce todays witnesses. The honorable nan whaley is the mayor of dayton, ohio. Since the mass shooting mayor , whaley has been a leading advocate for gun safety legislation. Before joining city government, mayor whaley served on the montgomery board of elections and as a deputy to the Montgomery County auditor. She received our b. A. From the university of dayton and mpa from wright state university. O tovaris is a surgeon at el paso. After the mass shooting at a walmart in el paso, the doctor treated victims of the shooting. He received his md from the university of texas school of medicine at san antonio. Dr. Rochelle bractney is the chief of police in charlottesville, virginia. Previously she served for 30 years with the Pittsburgh Bureau of police. She was the first africanamerican woman to oversee a special operations division. She received her b. A. And m. A. From Carnegie Mellon university and phd from Robert Morris university. She is a graduate of the stillal fbi come now national fbi academy in virginia. This next guest, served with the consumers union. Mrs. Randall received a b. A. From university of Southern California and jd from George Washington university. Amy swearer is a senior legal policy analyst in the center for judicial studies at the heritage foundation. Previously she held positions with the Charles Koch Institute and the lancaster nebraska public defenders office. She received or bachelor of science in criminal justice and her jd from the university of nebraska. Diana muller is the founder of the Grass Roots Initiative to bring one woman from every state to washington, dc to meet with legislators on behalf of gun owners. She is also the cohost of shooting gallery on the outdoor channel. Previously she served for 22 years in the tulsa police department. She received a bachelor of science in criminal justice and psychology from the university of central missouri. David chipman is a senior policy advisor at gibbons law center and is a member of the Firearms Committee of the International Association of chiefs of police. Prior to assuming his current positions he served for 25 years , as a special agent for the bureau of alcohol, tobacco, firearms and explosives. Mr. Chipman received his b. A. From American University and his masters in management from Johns Hopkins university. We welcome all our distinguished witnesses, and we thank them for participating in todays hearing. Now if youd please rise, ill begin by swearing you in. Raise your right hand. What happened . [laughter] do you swear or affirm under penalty of perjury that the testimony youre about to give is true and correct to the best of your knowledge, information and belief, so help you god . You may a seated and thank you. Let the record show the witnesses answered in the affirmative. Please note that each of your written statements will be entered into the record in its entirety. Accordingly i ask that you summarize your testimony in five minutes. To help you stay within that time, there is a timing light on your table. When the light switches from green to yellow, you have one minute to conclude your testimony. When the light turns red, your five minutes have expired. People hopped between bars and restaurants as last call approached. Others waited in line at a popular taco truck for a late night snack. But that all changed in an instant. A. M. , a young man armed with an ar15 pistol variant walked down an alley between two bars and began spraying high velocity rounds into the crowd. He then turned down a crowded street as people tried to run for safety. Friends pulled each other into doorways to try to escape falling bullets. One man threw his girlfriend to the ground and covered her body with his own. People literally ran out of their shoes. Less than a minute later, nine people were dead, and 17 others had been shot. Dozens more were injured in the commotion. 32 seconds. In just 32 seconds, 26 people had been shot, nine families had lost loved ones, and dozens more will never be the same. The entire incident was over in half as much time as ive been speaking to you so far today. In those 32 seconds, the shooters weapon did exactly what it was designed to do, kill or injure as many people as possible in the shortest amount of time. It was a weapon designed to inflict maximum damage to human beings. It left a trail of destruction not on some foreign battlefield, but down a Historic Brick street in dayton, ohio. I visited the crime scene the morning after the shooting. The thing i remember most clearly is the smell of bleach. A street sweeper was being used to try to clean the road, and men in hazmat suits were scrubbing the sidewalks. The meat still sat on the grill of the taco truck. Little yellow placards showing where all it casings were found bullet casings were found looked like they had been scattered without thought. I was in a place that was both completely familiar and completely foreign. The shooting occurred nearly two months ago, but our sidewalks are still stained after numerous power washes. Many buildings and street signs still have bullet holes in them. And these are just the physical scars left by the shooting. Young people who were in the district that night talk about their new fear of crowds. The bartenders in the neighborhood are consumed with anxiety at the sound of sirens. Neighbors dread the sound of fireworks after being awakened by gunfire. Our whole city is hurting. All because a young man with a history of violent ideas could get his hands on a weapon capable of such destruction. And yet, we are lucky. Just 32 seconds after the shooting began, Dayton Police neutralized the gunman. He was killed as he attempted to enter a bar where hundreds of people were hiding. If he shot 26 people on the street in 32 seconds, what could he have done in that bar . We are so lucky that seven Dayton Police officers were less than a block away when the shooting began. Were so lucky that these officers relied on their training and their courage, and ran directly into the gunfire. I have thought a lot about the bravery of the Dayton Police and the impossible situation that confronted them. Why do we ask our First Responders to face down weapons that can do so much damage in so little time . Our city has honored these heroes. The white house has honored these heroes. But if were serious about honoring and thanking our brave First Responders, the best thing we can do is make sure they are never put in this situation again. Police should not have to confront a weapon that can kill nine people in 32 seconds. No one should. The evening after the shooting, thousands of people gathered for a vigil on the same street where nine of their neighbors had died only hours earlier. When the governor took the stage, hundreds of people shouted in frustration, do something. Do something. The massacre that happened in dayton and has happened in too many communities across this country demands a response. We must insure that no american neither a young person on a casual night out, nor a Police Officer on patrol has to face down weapons capable of so much destruction. Im here today on behalf of the citizens of dayton and mayors across the country to ask you to keep weapons like this off our streets. Im here to ask you to do something. Thank you, chairman. Rep. Nadler thank you. Dr. Tovar . Dr. Tovar chairman nadler, vice chair scanlan, Ranking Member collins and distinguished members of the house Judiciary Committee, thank you for the opportunity to come before you today and to participate in this hearing. Ive been a trauma surgeon and the associate trauma medical director at the Medical Center at el paso for several years. On saturday morning, august 3, i just finished a typical 30 hour shift at the hospital with the usual gallbladder surgery. I picked up mcdonalds on the way home looking forward to eating, getting sleep until sunday morning when i had to do it all over again. Just after i got home at 10 55 a. M. , i received a text message from my chairman of surgery who was out of town. Active shooter, walmart, unknown number of victims. Honestly i didnt think much of it. I have an active shooter alert a month earlier, and the swat team only brought in one person at a time. Dr. Susan, my mentor, could surely handle this. A text was sent to minutes later to all surgeons in our group. If anybody is in el paso, go to the hospital. Theres an active shooter and well get at least four or five victims. By the time the text was sent, i would learn later the shooting was over in just about 20 minutes. And more than 20 people were killed, more than 20 were injured, and countless lives would be changed. I ran red lights and sped to the hospital. I knew that most of these patients would require immediate surgery, and i was trying to coordinate who would be there to help operate. By the time i arrived, each of our six trauma bays had patients, each needed surgery. A doctor was already in the operating room with one of them. The one that drew my attention was a patient with cpr in progress. She had been talking just a few minutes before, and now from a shoulder wound she was lifeless. My resident and i quickly and methodically cut open her chest to begin manual cardiac compressions. Three liters of blood immediately spilled to the floor. And after working for several minutes, i knew our efforts were futile and i had to pronounce time of death. Just 10 minutes after i arrived to the hospital. The look of disappointment in my residents eyes ate at me. I could not process that now. We had more to do. Im not a military surgeon. But what i saw looked like a war zone. Small gunshot wounds in the legs amounted to huge areas of cavitation and exit wounds larger than a grapefruit. I had never seen anything like this before. How could a firearm create this type of destruction . The next woman had a third of her pelvis shattered, multiple holes in her large intestine were too extensive to be repaired. In damage control surgery, decisions have to be made to remove parts of the intestines when there are more pressing issues to be addressed. In this case, it was clear none of these, none of this intestine could be salvaged. We packed with temporary dressing. When she was stabilized and could return to surgery in a day or two to assess for any missed injuries. I have treated countless patients with gunshot wounds from small firearms. In those cases, sometimes its even difficult to find the holes because of how small they are, and the clean cut appearance that looks like a pencil made them. Here, it was not so. We had 14 patients come in the span of 34 minutes. The other main hospital in town received 11 patients. Seven of our patients went straight to the o. R. For surgery in a single hour. And most had to return to the operating room several more times. And their journey is still not done. In the next few months, temporary colostomies, multiple orthopedic types of procedures will have to be reperformed and reversed and closed. In the aftermath, 22 people lost their lives that day. We did save 13 out of the 14 patients that arrived to us. But that first patient haunts me every night. I wish i could have done more. And i blame myself for her death. I saw her autopsy recently to try and get some closure. She was protecting her child, and so she was actually shot in the back and through her shoulder. She had a hole the size of a baseball at the top of her lung. Her subclavian vessels were essentially nonexistent. If this injury had been caused by a smaller firearm, she might have had a chance of survival. But there was absolutely nothing i could do to fix that type of devastating injury. I hope that she died knowing she protected her child from the same fate. Thank you, chairman. Rep. Nadler thank you. Chief bradley. Committeekney chairman, Ranking Member, and members of the u. S. House of representatives, committee on the judiciary, i bring you greetings on behalf of the executive board and members of the National Organization of black Law Enforcement executives, noble. As you know, my name is dr. Michelle brackney. Im the chief of police in charlottesville, virginia and all that that brings with it. Its an honor for noble to provide written testimony on the topic of protecting america from assault weapons. Noble is very concerned about the level of gun violence in the United States and specifically the correlation between violence and the proliferation of assault weapons an