[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Page S13929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               A PLEA FOR SENSIBLE GUN SAFETY LEGISLATION

  Mr. LEVIN. Mr. President, on April 27, 1999, we paused in the Senate 
to observe a moment of silence in tribute to those who died at 
Columbine High School and to express our sympathy for their loved ones. 
Since the Littleton tragedy, over 60,000 people have been killed by 
guns, criminals continue to gain easy access to guns and, according to 
the Brady Campaign, there is an unlocked gun in one of every eight 
family homes. Several strong pieces of gun safety legislation have been 
introduced in the 107th Congress to address these problems. None, 
however has been adopted. In fact, none has even been voted on in the 
Senate.
  In 1994, the Brady law established the National Instant Criminal 
Background Check System, NICS. This check system allows federally 
licensed gun sellers to determine whether a person is allowed to buy a 
gun. Since its inception, NICS checks have prevented more than 156,000 
felons, fugitives and others not eligible from purchasing a firearm 
without infringing upon any law-abiding citizen's ability to purchase a 
gun.
  However, a loophole in the law allows unlicenced private gun sellers 
to sell guns without conducting a NICS check. A 1999 study by the 
Bureau of Alcohol, Tobacco and Firearms found 314 cases of fraud at gun 
shows, involving 54,000 guns. Felons and suspected terrorists have 
reportedly used gun shows to purchase firearms, and smuggle them out of 
the United States. On April 24, 2001, Senator Reed introduced the Gun 
Show Background Check Act. I cosponsored that bill because I believe it 
is an important tool to prevent guns from getting into the hands of 
criminals and foreign terrorists. This bill, which is supported by 
major law enforcement organizations including the International 
Association of Chiefs of Police, simply applies existing law governing 
background checks to persons buying guns at gun shows. We should stand 
with our Nation's law enforcement community and take this common sense 
step to reduce gun violence.
  In January, regulations issued by the Department of Justice directed 
the FBI to retain NICS check information for a 90-day period. This 90-
day period allows local law enforcement and the FBI to check NICS for 
illegal guns sales, identify purchasers using fake IDs and screens for 
gun dealers misusing the system. However, in June, the Attorney General 
proposed reducing the length of time that law enforcement agencies can 
retain NICS data to 24 hours. This is simply not a sufficient amount of 
time for law enforcement to audit and review the NICS database for 
patterns of illegal activity. This change will create another potential 
loophole for criminals to purchase guns.
  I was greatly concerned by the Attorney General's action and I was 
pleased to cosponsor the ``Use NICS in Terrorist Investigations Act'' 
introduced by Senators Kennedy and Schumer. This legislation would 
reinstate the 90-day period for law enforcement to retain and review 
NICS data. The need for this legislation was highlighted just a couple 
of weeks ago when the Attorney General denied the FBI access to the 
NICS database to review for gun sales to individuals they had detained 
in response to the September 11th terrorist attacks and refused to take 
a position on an amendment which would authorize that access. I believe 
it is imperative that law enforcement is given the authority to review 
the NICS database. The Schumer-Kennedy bill is commonsense legislation 
that deserves floor action.
  The Brady law has been effective in keeping guns out of the hands of 
criminals, but the number of children killed in suicides, unintentional 
deaths and school violence remains unacceptably high. This is the case 
because kids still have all too easy access to guns. Young children are 
too often killed or severely injured because adults do not store their 
firearms properly. A recent National Institute for Justice survey found 
that 20 percent of all gun-owning households had an unlocked and loaded 
gun in the home. To prevent easy access to guns, Senator Durbin 
introduced the Children's Firearm Prevention Act. Under this bill, 
adults who fail to lock up a loaded firearm or an unloaded firearm with 
ammunition would be held liable if the weapon is taken by a child and 
used to kill or injure themself or another person. The bill also 
increases the penalties for selling a gun to a juvenile and creates a 
gun safety education program that includes parent-teacher 
organizations, local law enforcement and community organizations. This 
bill is similar to a bill President Bush signed into law during his 
tenure as the Governor of Texas. I support this bill and hope the 
Senate will act on it during this Congress.
  We know kids and criminals should not have access to guns, but there 
are certain types of guns that simply do not belong on the street. One 
example is .50 caliber sniper guns. These weapons are among the most 
powerful weapons legally available. In fact, according to one rifle 
catalogue, a .50 caliber manufacturer touted his product's ability to 
wreck ``several million dollars, worth of jet craft with one or two 
dollars worth of cartridge.'' This is a disturbing assertion, 
particularly in the wake of September 11th. Even more disturbingly, 
there are fewer restrictions placed on purchases of long-range .50 
caliber sniper weapons than there are on handguns. In fact, according 
to a 1999 GAO report, since the end of the Gulf War, .50 caliber sniper 
guns have ended up in the hands of many suspected terrorists, including 
al-Qaeda. Senator Feinstein's Military Sniper Weapon Regulation Act 
would change the way .50 caliber guns are regulated by placing them 
under the requirements of the National Firearms Act. This is a 
necessary step to assuring the safety of Americans.
  More than 2 years ago, two young men brought terror to Columbine High 
School. Of the four guns used by the two Columbine shooters, three were 
reportedly acquired at a gun show. The teenage shooters took full 
advantage of the gun show loophole, which allowed their friend to buy 
them two rifles and a shotgun without ever submitting to a background 
check. The tragedy in Littleton, Colorado struck a chord with every 
American. About a month ago, it was discovered in New Bedford, 
Massachusetts that a 17-year-old was plotting a massacre at his school. 
He told police he wanted the event to be like the 1999 slaughter at 
Columbine High School. Since the events of September 11th, several 
states, including my home state of Michigan, have experienced 
significant increases in applications for concealed weapons permits and 
background checks for gun permits. The gun show loophole remains open, 
law enforcement lacks access to the NICS database, kids continue to 
gain access to guns and .50 caliber military sniper guns remain 
uncontrolled. It is long past time to adopt sensible gun safety 
legislation.

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