Statements on Introduced Bills and Joint Resolutions - S. 1807

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. MCCAIN (for himself, Mr. REED, Mr. DEWINE, Mr. LIEBERMAN, Mr. CHAFEE, Mr. LAUTENBERG, and Mr. SCHUMER):

S. 1807. A bill to require criminal background checks on all firearms transactions occurring at events that provide a venue for the sale, offer for sale, transfer, or exchange of firearms, and for other purposes; to the Committee on the Judiciary.

Mr. REED. Mr. President, I rise to join my colleague Senator MCCAIN in introducing the Gun Show Loophole Closing Act of 2003. We offer this legislation to strengthen our Nation's gun laws by closing a loophole that has allowed criminals to buy firearms at gun shows for far too long. I look forward to working with Senator MCCAIN and our fellow cosponsors to offer this legislation to the first appropriate vehicle that comes before the Senate. In particular, it is our intention to offer this bill as an amendment to the gun industry immunity bill, S. 659. If the Senate is going to consider granting immunity from civil liability to the firearms industry-an industry that Congress already exempted from the consumer product safety laws that apply to virtually every other product sold in this country-it is critical that we protect the American people by improving law enforcement oversight of commerce in firearms.

The Bureau of Alcohol, Tobacco and Firearms reported to Congress in 2000 that gun shows are a major gun trafficking channel responsible for more than 26,000 illegal firearms sales during the 18-month period ATF studied. The FBI and ATF tell us again and again that convicted felons, domestic abusers, and other prohibited purchasers are taking advantage of the gun show loophole. At least three suspected terrorists that we know of have also exploited this loophole to acquire firearms, including one suspected al Qaeda member.

Under Federal law, Federal Firearms Licensees are required to maintain careful records of their sales, and under the Brady Act, to check a purchaser's background with the National Instant Criminal Background Check System before transferring any firearm. However, a person does not need a Federal firearms license-and the Brady Act does not apply-if the person is not "engaged in the business" of selling firearms pursuant to Federal law. These unlicensed sellers make up one quarter or more of the sellers of firearms at thousands of gun shows in America each year. Consequently, felons and other prohibited persons who want to avoid Brady Act checks and records of their purchases buy firearms at gun shows.

Four years ago, Eric Harris and Dylan Klebold killed 13 people at Columbine High School with weapons purchased from an unlicensed seller at a gun show. The woman who purchased those guns on behalf of Harris and Klebold testified to the Colorado legislature that she never would have purchased the weapons had she been required to undergo a background check.

We have united behind this bipartisan legislation-which brings together provisions from several previous gun show bills-to make gun show transactions safer for all Americans. The bill would require Brady Law background checks on all firearms transactions at any event where 75 or more guns are offered for sale. Three years after enactment, States could apply to the Attorney General for certification for a 24-hour background check for unlicensed sellers at gun shows. In order to be eligible for 24-hour certification, a State would be required to have 95 percent of its disqualifying records automated and searchable under NICS, including 95 percent of all domestic violence misdemeanor and restraining order records dating back 30 years. Before certifying any State for 24-hour background checks, the Attorney General would be required to establish a toll-free telephone number to enable State and local courts to immediately notify the NICS system any time a domestic violence restraining order is filed, and courts within a certified State would be required to use the telephone number immediately upon the filing of such an order. The bill also directs the Attorney General to work with States to encourage the development of computer systems that would allow courts to provide electronic records to NICS immediately. The Bureau of Justice Statistics would conduct an annual review of all certified States to ensure they continue to meet the conditions for 24-hour background check certification.

Some will say that this legislation is an attempt to end gun shows, but the experience of States that have closed the gun show loophole proves otherwise. California, for example, requires not only background checks at gun shows but a 10-day waiting period for all gun sales, yet gun shows continue to thrive there. No, we are not trying to end gun shows. What we are trying to end is the free pass we're giving to terrorists and convicted felons that allows them to simply walk into a gun show, find a private dealer, buy whatever weapons they want and walk out without a Brady background check.

In overwhelming numbers, the American people believe that background checks should be required for all gun show sales. The people of Colorado confirmed this after the Columbine tragedy when they approved a ballot initiative to close the gun show loophole. I urge my colleagues to support the Gun Show Loophole Closing Act of 2003 so that we can finally close this loophole in every State and make sure that convicted felons, domestic abusers, and other prohibited persons do not use gun shows to purchase firearms without a Brady background check.