[Congressional Record Volume 146, Number 17 (Wednesday, February 23, 2000)]
[Senate]
[Page S748]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDITIONAL STATEMENTS

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                        ACCESS TO FIREARM PARTS

 Mr. LEVIN. Mr. President, today in the Detroit Free Press, 
there is a story about a potential nightmare in Michigan. The article 
alleges that Kevin Olender, a felon convicted of assault with a 
dangerous weapon was preparing an attack on his co-workers in 
Farmington Hills. According to the article, Olender was able to evade 
background checks required by the Brady law, by purchasing a gun in 
parts. Allegedly, Olender was only one part away from finishing the 
construction of his firearm, and that part was expected within days.
  In the end, investigators prevented any shoot-out, but the article 
highlights another loophole in federal firearm law that gives felons 
access to firearms which would otherwise be forbidden. I urge my 
colleagues to close this loophole and the many others in our federal 
law.
  I ask that the Detroit Free Press article about this loophole be 
printed in the Record.
  The article follows:

              [From the Detroit Free Press, Feb. 23, 2000]

 Felon's Gun Charges Show Net Loophole--Police Say Suspect Was Able to 
                           Buy Parts On-line

                  (By L.L. Brasier and Ruby L. Bailey)

       With a credit card and the Internet, Kevin Olender had 
     everything he needed to find parts for an assault rifle.
       It was no problem, even for a felon.
       Four days after Christmas last year, Olender went shopping. 
     He ordered a $199.95 parts package for a military-style rifle 
     from Interordnance, an Internet gun dealer based in Monroe, 
     N.C. He bought another parts package from the firm Feb. 4.
       Police and prosecutors say Olender, 40, of Wyandotte, was 
     preparing for an assault on co-workers at Compuware in 
     Farmington Hills. He only needed one more part, known as a 
     receiver, to finish building a working gun.
       The part was on order, police say. But authorities raided 
     his home last Friday and arrested him.
       ``He was ready to do it,'' Farmington Hills Police Chief 
     William Dwyer said Tuesday. ``I think we saved a lot of 
     lives.''
       Dwyer said his investigators found evidence that Olender 
     had located the receiver, a palm-sized part that holds pieces 
     together and makes the gun fire, and expected it within days. 
     Dwyer would not say how investigators determined that.
       A person with a felony background is prohibited from 
     possessing a gun or ammunition. But there's a loophole in 
     federal law. Though dealers cannot sell a gun without a 
     background check, they can sell gun parts, weapons experts 
     said.
       Ulich Wiegand, owner of Interordnance, said he did not 
     check Olender's background when filling his order.
       ``No, of course not,'' he said. ``We are not required to 
     because we weren't selling him a gun.''
       Olender was convicted in 1996 in Detroit Recorder's Court 
     of a felony, assault with a dangerous weapon, court records 
     show. He received five years' probation.
       Wiegand said he sells many parts packages, but declined to 
     say how many.
       ``You have to understand, we did not send him guns,'' 
     Wiegand said. ``This is nothing but parts, and he could do 
     nothing with them without a receiver.''
       Wiegand said his company sells fully assembled weapons only 
     to federally licensed firearm dealers.
       But Dwyer said Olender's easy access to gun components on 
     the Internet points out the need for new laws.
       ``It is like the old West, only with no sheriff in town,'' 
     Dwyer said. ``You've got sexual predators, violent people 
     buying guns. We need to come up with some safeguards.''
       Olender is being held in the Wayne County Jail on a charge 
     of possessing a firearm as a felon, and using a firearm in a 
     felony.
       Olender could face federal charges for possessing 
     ammunition as a felon. Agents for the federal Bureau of 
     Alcohol, Tobacco and Firearms are investigating what charges 
     may be filed, said Vera Fedorak, an agency spokeswoman.
       During Friday's raid, authorities recovered 
     two disassembled rifles from Olender's basement, as well 
     as a manual for assembling the guns. They also found 
     hundreds of rounds of ammunition, including steel-nosed 
     bullets designed to penetrate bullet-proof vests.
       Investigators found that he was missing receivers, also 
     known as frames, used to hold the gun pieces in place.
       To purchase a receiver, Olender should have been subjected 
     to a background check, by law. Dwyer and others would not 
     comment further about the receiver.
       Without the receiver, what Olender had was like ``a car 
     without a motor,'' said Victor Reid, co-owner of Midwest 
     Ordnance Gun Shop in Royal Oak.
       A receiver would cost $300 to $400, he said. The part is 
     regulated by the federal government, has a serial number, and 
     cannot be sold without a license.
       ``They are virtually impossible to get illegally,'' said 
     Reid, who said he does not sell gun kits at the store, or on 
     the company's Web site. ``It's not an item that you can just 
     go buy.''
       The packages that Olender bought from the North Carolina 
     firm consisted of gun parts from military weapons dating to 
     the 1950s, and disassembled overseas. The packages are 
     popular among collectors and sportsmen, who acquire the 
     needed receivers through dealers, and reassemble the guns.
       Police said they are investigating where Olender got the 
     ammunition.
       Concerns about guns and the Internet have prompted federal 
     lawmakers to pursue legislation targeting Internet sales of 
     guns.
       Hundreds of Internet sites advertise weapons for sale.
       Many are dealers who comply with federal laws. But 
     individuals often don't, said Jim Kessler, policy director 
     for U.S. Sen. Charles Schumer, D-N.Y. Schumer has sponsored a 
     bill that would make it illegal for anyone except licensed 
     gun dealers to buy and sell guns over the Internet. The 
     measure is pending.
       ``Nobody's watching,'' Kessler said. ``The Internet itself 
     presents a giant loophole in gun laws.''
       When searching for guns over the Internet, buyers can't 
     legally make the purchase directly on-line, gun experts said.
       Buyers scan Web sites where guns are advertised, then 
     contact a dealer and complete the purchase. The dealer must 
     ship the weapon to another gun dealer, who is required to 
     make sure that the buyer fills out the required forms and 
     undergoes a background check.
       ``It's not like someone can put their credit card in a Web 
     site and get a gun,'' said Trish Hylton, spokeswoman for the 
     National Rifle Association.
       She said the Internet ``is like a classified ad. The person 
     selling and the person purchasing have to abide by all the 
     laws that are in place.''

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