[Congressional Record Volume 145, Number 101 (Friday, July 16, 1999)]
[Senate]
[Pages S8736-S8737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE ILLEGAL PURCHASE OF FIREARMS

  Mr. LEVIN. Mr. President, we've all heard the saying, ``if at first 
you don't succeed, try, try, again.'' It's a lesson we've been taught 
since childhood. It's a lesson used to teach children to be persistent 
and work hard if they want to achieve their goals. It is also a lesson 
that applies to the purchase of firearms, and it is one that Benjamin 
Smith knew all too well.
  Over the Fourth of July weekend, the majority of Americans were 
celebrating the birth of our nation. But the long holiday weekend 
produced yet another tragedy, made possible by the free flow of deadly 
firearms. A single man, Benjamin Smith, with a hatred for life, 
allegedly used a .22 caliber handgun and a .380 caliber semi-automatic 
handgun to murder two people and wound nine before ending his own life.
  The alleged gunman had a history of violence, a protection order 
filed against him, and belonged to an organization that espouses hatred 
toward minorities, yet, he was still able to purchase deadly firearms, 
all because he was persistent. Approximately one week before his 
killing spree, he had applied to purchase firearms from a licensed 
firearms dealer in Illinois. He obtained an owner identification card, 
filled out an application, and expected to retrieve his weapons shortly 
thereafter. A few days later, however, he returned to buy the weapons 
and was rejected by the licensed dealer after failing to pass the 
Illinois state background check. Unfortunately, Benjamin Smith knew his 
lesson, ``if at first you don't succeed, try, try again.''
  Benjamin Smith knew of other means to obtain firearms. He knew that 
although he was not permitted to purchase a gun from a licensed dealer, 
he would have few problems buying a gun on the street, from an 
unlicensed dealer. He knew that federal law requires that background 
checks be conducted by licensed dealers, but he also knew of a large 
secondary market in the United States that permits the free flow of 
weapons in to the hands of those who can not pass background checks. 
And, because he knew how easy it is to obtain a gun in the United 
States, Benjamin Smith was able to try, again, to purchase firearms for 
his killing spree.
  Smith's second attempt to purchase guns was successful and as a 
result, this dangerous young man was equipped with the two handguns 
believed to be used in the several Independence Day shootings. Because 
of this secondary market that allows easy accessibility of firearms, 
the nation is

[[Page S8737]]

again mourning the loss of innocent lives lost to gunfire. And although 
the American public expresses continual outrage that federal firearms 
laws are not strong enough to prevent persons like Benjamin Smith from 
purchasing guns, Congress has not yet responded. We need to try, try 
again to pass meaningful legislation that will put an end to this 
senseless slaughter.

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