[Congressional Record Volume 141, Number 63 (Wednesday, April 5, 1995)]
[Senate]
[Pages S5179-S5180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


             THE 14TH ANNIVERSARY OF SHOOTING OF JIM BRADY

  Mr. KOHL. Mr. President, today I would like to tell you a story about 
criminals and guns. It is about someone--let us call him John Doe 
because the B-A-T-F says it cannot disclose his identity--who in 1978 
was convicted of criminal reckless homicide. He killed another driver 
while driving drunk. Although, as a convicted felon, John Doe was 
prohibited by law from buying guns, he purchased a handgun from a gun 
dealer in December 1993. Then, only 1 month later in January 1994, he 
purchased another. On both occasions he walked out of the gun store 
fully armed.
  How could he do this? He lied on his forms and no one conducted a 
background check. A few weeks later John Doe tried to increase his 
arsenal yet again by purchasing a third handgun. But this last time he 
was caught--thanks to the background check that is now required under 
the Brady law.
  [[Page S5180]] Mr. President, last week marked the 14th anniversary 
of the vicious shooting of President Reagan and Jim Brady by John 
Hinckley. And last month marked the first anniversary of the effective 
day of the Brady bill.
  Critics claimed that Brady would mark an end to personal freedom, and 
that felons and drug traffickers would never buy guns over the counter. 
But 1 year after enactment, the sky has not fallen. And the Brady law--
for the most part--is accomplishing its goal: Keeping guns out of the 
hands of criminals and drug traffickers, while not unduly 
inconveniencing law abiding gun owners.
  According to the Bureau of Alcohol, Tobacco and Firearms, over the 
past year in the 29 States covered by Brady, the law prevented 
approximately 40,000 firearms purchases. Indeed, when States with their 
own background checks are added in, B-A-T-F estimates that law 
enforcement denied up to 70,000 gun purchases in the past year. That 
means fugitives, rapists and murderers have been stopped while trying 
to purchase guns.
  Statistics from my State support these conclusions. Wisconsin, which 
has its own 2 day waiting period and background check, has blocked more 
than 800 convicted felons from buying handguns in the past 3 years. And 
keeping guns out of the hands of criminals, Mr. President, is the most 
effective form of prevention--as well as the best way to ensure the 
safety of the community.
  But while the background check and waiting period have stopped gun 
sales to criminals, authorities need to do more to prosecute the 
criminals who try to buy guns. CBS news found that only 551 people had 
been prosecuted in 19 States. And according to the Washington Post, 
fewer than 10 have been prosecuted federally. These figures just do not 
add up. We need to do a better job of putting these people behind bars.
  In my opinion, if you lie on the Brady Act form you should go to 
jail. Period. That is the law.
  Mr. President, the police chiefs, sheriffs and other law enforcement 
officers know the real truth: The Brady law has proven to be an 
effective tool in helping to keep handguns out of the wrong hands. And 
the American people agree: The latest CBS News/New York Times poll 
found that 87 percent support the Brady law.
  In conclusion, Mr. President, on this anniversary all of us should 
express our gratitude and appreciation to Sarah and Jim Brady. We would 
not be where we are today without their hard work.


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