[Congressional Record Volume 147, Number 68 (Thursday, May 17, 2001)]
[Senate]
[Pages S5120-S5121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI:
  S. 906. A bill to provide for protection of gun owner privacy and 
ownership rights, and for other purposes; to the Committee on the 
Judiciary.
  Mr. ENZI. Mr. President, I rise to announce the introduction of 
legislation that would make a technical correction to Chapter 44 of 
title 18 of the United States Code which would ensure that the rights 
of law-abiding gun owners are not further eroded by the Federal 
Government when it performs background checks for the purchase of 
firearms.
  My heart goes out to the families who have suffered harm or death at 
the hands of persons who have chosen to break State and Federal gun 
statutes. There is no excuse for violence. When one citizen suffers the 
effects of violence, all of America should be outraged and should 
demand the violation be prosecuted to the full extent of the law.
  Unfortunately, many people have lost sight of the reason for these 
tragedies, and rather than focusing on preventing further gun violence 
by working to resolve the violent nature of modern society, the debate 
over gun control has deteriorated into an argument over ways to punish 
law-abiding citizens for the criminal actions of others. This leaves us 
far too often confronted with legislation that attempts to make people 
feel safer without providing any real security.
  Because of the extreme seriousness that surrounds incidents of gun 
violence, and because of the deep grief and horror that accompanies 
those times when the value of a human life is taken so lightly, I 
cannot in good faith support any legislation that makes empty promises 
and then does nothing to protect America's children.
  Events during the past two years clearly show that no number of laws 
or statutes will protect our children if those laws are not enforced. 
The key to curbing gun violence is stricter enforcement of existing 
laws and teaching our children that it is wrong to kill.
  No legislative action in the world will keep anyone safe if it is not 
enforced. By that same token, taking away the rights of law-abiding 
citizens does nothing to protect America's children from the illegal 
ownership or use of a firearm. As in all social problems, the solution 
to ending gun violence lies in addressing the cause of the disease and 
not in picking away at its symptoms. Moral and social changes must take 
place throughout the nation. People must become more involved in their 
communities. Parents must become more involved in the lives of their 
children. Our society must reinforce the importance of treating others 
as you would like to be treated yourself.
  The legislation I am introducing today would correct a misguided 
oversight that has occurred in the enforcement of the background check 
requirements by first, prohibiting the Federal Government from imposing 
a tax on federally mandated background checks conducted for the 
transfer of a firearm; second, it would require law enforcement 
agencies who conduct background checks to immediately destroy the 
records of those firearm purchasers who, as a result of the background 
check, are determined to be a legal purchaser; and finally, it imposes 
civil penalties for Federal agencies who fail to comply with this 
requirement.

  The United States stands out as the example of democracy and freedom 
for the rest of the world. We hold this position because of our 
unswerving dedication to the Constitution, and to a Federal court 
system that has diligently worked to uphold the individual rights 
created by that historic document. This legislation makes it possible 
for law enforcement agencies to prevent conflicts that have arisen 
between an individual's right to privacy and an enumerated right to own 
a firearm. These conflicts have arisen as a result of a bad policy 
decision that allows Federal agencies to hold onto background check 
records for up to 90 days for ``Internal Audit'' reasons. Because of an 
inability to monitor what agencies do with those records during that 
time, the immediate record destruction requirement is absolutely 
necessary to prevent abuses that could place the rights of our citizens 
in further conflict. Once again, this does not apply to persons whose 
background checks show they are attempting to illegally purchase a 
firearm but only applies to law-abiding citizens whose background 
checks demonstrate that they can legally purchase a firearm.
  The underlying background check statute that this legislation amends 
authorizes federal agencies to conduct background searches for one 
reason and one reason only, to determine if the applicant can legally 
purchase a firearm. Once that purpose has been fulfilled there is no 
further authorization to retain the records of legal and

[[Page S5121]]

law-abiding gun purchasers for any other agency actions.
  I realize that the question over the rights of gun ownership is an 
emotional issue for many people on both sides of the debate, but until 
the United States Constitution is overridden and our citizens' rights 
to own a gun are taken away, then our Federal agencies have no 
authority to impede or prevent law-abiding citizens from purchasing or 
possessing legally-acquired firearms. This legislation would retain 
those rights and restore equity to the implementation of the firearm 
background check statute.
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