[Congressional Record Volume 147, Number 116 (Monday, September 10, 2001)]
[Senate]
[Page S9247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NICS--KEEPING GUNS OUT OF CRIMINAL HANDS

  Mr. LEVIN. Mr. President, the Brady law mandated the establishment of 
the National Instant Criminal Background Check System to allow 
federally licensed gun sellers to establish whether a prospective gun 
buyer is disqualified from purchasing a firearm. The NICS system is 
working. In its first 25 months of operation, more than 156,000 felons, 
fugitives and others not eligible to purchase a gun have attempted to 
do so and have been denied by an FBI NICS check. At the same time, NICS 
has not placed unreasonable constraints on law abiding citizens' 
ability to buy a gun. In fact, the Department of Justice reports that 
more than 7 out of 10 NICS background checks are completed immediately 
and 95 percent are completed within 2 hours.
  But I'm concerned that recent action by Attorney General Ashcroft 
could limit the effectiveness of NICS and hamper law enforcement 
efforts to keep guns out of the hands of criminals. Regulations issued 
in January allowed the FBI to keep NICS data for 90 days following a 
check. The 90-day period is critical to law enforcement's ability to 
audit the NICS system for errors, search for patterns of illegal or 
false sales, such as purchasers using fake ID's, and screen for gun 
dealers who may abuse the system. But in June, the Attorney General 
announced plans to reduce the length of time that law enforcement 
agencies can retain NICS data to 24 hours. The 24-hour period is 
insufficient and would severely restrain law enforcement's ability to 
target illegal purchasers and corrupt gun sellers.
  After reviewing Attorney General Ashcroft's action, I decided to 
cosponsor S. 1253, a bill introduced by Senators Kennedy and Schumer to 
maintain the 90-day period for law enforcement to retain NICS data. The 
bill takes a common sense approach to keeping guns out of the hands of 
criminals without compromising the privacy rights of law-abiding 
citizens. It is a good bill and the right remedy to the Attorney 
General's regrettable action.

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