[Congressional Record Volume 148, Number 73 (Thursday, June 6, 2002)]
[Senate]
[Page S5201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S5201]]
                      BACKGROUND CHECKS ARE NEEDED

  Mr. LEVIN. Mr. President, an op-ed column in Tuesday's New York Times 
highlighted how fast, easy and unintrusive background checks for gun 
purchases can be if performed properly. Yet, this is not the story we 
are told by groups that oppose closing the gun show 
loophole. According to the National Rifle Association, background 
checks often take days to complete. But according to the Department of 
Justice, 95 percent of background checks are completed within two 
hours, and according to the Violence Policy Center, a vast majority of 
background checks are completed within a few minutes.
  The New York Times op-ed also highlighted why it is so important that 
we conduct these checks at gun shows. The author, Nicholas Kristof, 
cited the availability of .50 caliber semiautomatic rifles and assault 
rifles which sellers claim are powerful enough to penetrate bulletproof 
glass. It is common sense to make sure that criminals and other 
restricted buyers are prohibited from buying such lethal weapons. While 
any legitimate purchaser can buy such weapons from a federally licensed 
dealer after an instant background check, they can also be purchased 
from an unlicensed dealer at any gun show without a background check.
  According to Bureau of Justice Statistics, between 1994 and 1999, 
over 22 million background checks were completed and more than 536,000 
felons, fugitives and other prohibited persons were prevented from 
illegally purchasing firearms. But convicted criminals and suspected 
terrorists have reportedly used the gun show loophole to purchase 
firearms and smuggle them out of the United States. For example, in 
Florida, a man accused of having ties to the Irish Republican Army 
testified that he purchased thousands of dollars worth of machine guns, 
rifles and high-powered ammunition at gun shows and proceeded to 
smuggle them to Ireland. A 1999 study by the Bureau of Alcohol, Tobacco 
and Firearms found 314 cases of fraud at gun shows, involving 54,000 
guns. To help eliminate this type of activity, I cosponsored Senator 
Reed's Gun Show Background Check bill to close the gun show loop hole. 
This bill simply applies existing law governing background checks to 
persons buying guns at gun shows. I cosponsored that bill because I 
believe it would prevent criminals from getting guns.
  The gun show loophole is an even more serious problem if .50 caliber 
semiautomatic rifles are available for sale. Gun dealers recognize that 
these weapons represent a very dangerous amount of firepower. The .50 
caliber rifle has apparently been promoted as a weapon able to ``wreck 
several million dollars worth of jet aircraft with one or two dollars 
worth of cartridge.'' These weapons are among the most powerful, and 
least regulated, firearms legally available. According to one seller's 
Web site, ``Never mind that the gun haters don't want you to have'em. 
Forget about the lily-livered whiners in Congress. Exercise your rights 
before it's too late.'' Even some dealers know that .50 caliber weapons 
are too powerful and too accessible to be ignored any longer. Tighter 
regulations are needed. That is why I cosponsored Senator Feinstein's 
Military Sniper Weapon Regulation Act. This bill would strengthen the 
regulation of long-range .50 caliber sniper weapons.
  I believe both pieces of legislation are common sense steps to ensure 
that guns do not get into the hands of criminals and other prohibited 
buyers. I urge my colleagues to join me in supporting them and other 
pieces of common sense gun safety legislation.

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