[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Pages S5655-S5657]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Kennedy, Mr. Corzine, and Mr. 
        Reed):
  S. 969. A bill to enhance the security and safety of the Nation by 
increasing the time allowed to track terrorists during periods of 
elevated alert, closing loopholes that have allowed terrorists to 
acquire firearms, maintaining records of certain handgun transfers 
during periods of heightened terrorist risk, and for other purposes; to 
the Committee on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce a critical piece 
of legislation, the Homeland Security Gun Safety Act.
  In the aftermath of the tragic events of 9-11, the Federal Government 
has reassessed the Nation's vulnerabilities to acts and threats of 
terrorism.
  And in response, the United States Congress gave the Department of 
Justice expanded powers to detain suspected terrorists, conduct 
surveillance and obtain confidential information on American citizens. 
In addition, we have created the new Department of Homeland Security--
the largest reorganization of the Federal Government since the 1940s.
  In short, the events of 9-11 required us to reevaluate our safety 
concerns and the security of the Nation.
  Echoing this need, President Bush said before the United Nations on 
November 10, 2001, that ``we have the responsibility to deny weapons to 
terrorists and to actively prevent private citizens from providing 
them.''
  I wholeheartedly agree with this statement. And I believe the 
American people want the U.S. Senate to follow through with concrete 
legislative action.
  However, we have failed to address a significant remaining threat: 
the accessibility to firearms and explosives within our own borders.
  How can we truly protect this Nation, if we do not enact legislation 
which prevents terrorists and potential terrorists from acquiring guns 
in the United States?
  Terrorists have identified the lax gun laws of the United States as a 
means to advance their evil goal to terrorize and harm the American 
people.
  In December 2001, during the war on terror, we attacked a terrorist 
training facility south of Kabul. Found among the rubble at that 
facility was a manual called: ``How I Can Train Myself for Jihad.''
  This manual, contains an entire section on ``Firearms Training'' and 
singles out the United States for its easy availability of firearms. It 
stipulates that terrorists living in the U.S. should ``obtain an 
assault weapon legally, preferably AK-47 or variations.'' It also 
advises would-be terrorsts on how they should conduct themselves in 
order to avoid arousing suspicion as they amass and transport firearms.
  There are other examples where terrorists have sought to take 
advantage of this nation's lax gun laws.
  On the eve of the September 11 terrorist attack, on September 10, 
2001, a Federal jury convicted Ali Boumelhem, a known member of the 
terrorist group Hezbollah on seven counts of weapons charges and 
conspiracy to ship weapons and ammunition to Lebanon.
  And we have seen how firearms can be used to terrorize an entire 
community.
  We are all familiar with the case of John Muhammad and John Malvo, 
who terrorized the Washington, DC area for more than three weeks as 
they embarked on a shooting spree with a sniper rifle, shooting 13 
innocent people before being caught.

[[Page S5656]]

  Homeland Security Secretary Tom Ridge agrees that there is a 
dangerous link between guns and terror. During his confirmation hearing 
before Governmental Affairs Committee on January 17, 2003, in response 
to a question I asked him about guns and terror, Secretary Ridge said:

       [W]hen anyone uses a firearm, whether it's the kind of 
     terrorism that we are trying to combat with al Qaeda and 
     these non-state terrorists, or as a former district attorney 
     involved in the conviction of an individual who used firearms 
     against innocent citizens--regardless of how we define 
     terrorism, that individual and that family felt that they 
     were victims of a terrorist act. Brandishing a firearm in 
     front of anybody under any set of circumstances is a 
     terrorist act and needs to be dealt with.

  Well, the Homeland Security Gun Safety Act deals with it. The Act 
deals with this threat that leaves America especially vulnerable to 
future terrorist attacks.
  The Homeland Security Gun Safety Act would enact specific measures 
that would help prevent terrorists from acquiring firearms within our 
own borders.
  Under current law, there are cases when law enforcement is blocked 
from conducting an adequate investigation when a terrorist or criminal 
tries to buy a gun.
  Current law says if law enforcement takes over three days to conduct 
a background check on someone who wants a weapon--just hand over the 
gun.
  That is ludicrous--especially when we are in an elevated state of 
terrorist threat.
  When we are at Code Yellow, the Department of Homeland Security has 
determined that we are at a significant risk of terrorist attack.
  The bill I am introducing today would suspend these loopholes in our 
gun safety laws when we are at Code Yellow or above in the interest of 
homeland security.
  The three-day limit on law enforcement is nothing more than a 
loophole in our laws put there by the gun lobby.
  And it's a dangerous loophole--a recent study showed that, from 
December 1998 to June 2001, nearly 10,000 people who should not have 
been permitted to buy guns, did receive guns because the three-day 
period passed before law enforcement could finish a background check.
  Our bill will also require that the Federal Government retain records 
of weapons transactions while we are in an elevated state of alert. 
There is no reason we should handicap law enforcement during such a 
dangerous time.
  This bill will also close a number of loopholes that have allowed 
rogue gun dealers to skirt the law. These are the same few gun dealers 
that are now the subject of lawsuits across the country.
  These dangerous loopholes that the gun lobby built into our gun laws 
now pose a major threat to homeland security.
  This bill will help shut down those loopholes. The bill would require 
gun dealers to: immediately report ``missing'' guns or face suspension 
of their license; and put appropriate security measures in place to 
prevent theft of their weapons; and check with the FBI's Stolen Gun 
Registry to make sure that secondhand weapons they purchase are not 
stolen.
  This bill will also step up enforcement of gun dealers: law 
enforcement would not be restricted in its ability to inspect dealers. 
Currently, law enforcement is only allowed one unannounced inspection 
per year.
  The bill will also increase the penalties for violations of gun 
dealer laws to a felony. Right now, the maximum penalty is only a 
misdemeanor. It has no teeth.
  I know the NRA will cry wolf to gun owners about this bill. But this 
bill will not affect the vast majority of honest, law abiding Americans 
who want to purchase guns. This bill focuses on preventing weapons from 
getting into the hands of terrorists and criminals.
  Over 75 percent of background checks are performed in mere minutes. 
However, there are those purchasers who raise red flags that require 
further investigation.
  Those are red flags we can no longer afford to ignore.
  When we are at Code Yellow, everyday Americans are prevented from 
taking a tour of the White House--but a terrorist can buy weapons.
  It makes no sense.
  This bill offers Congress a clear choice: protect our homeland or 
protect the gun lobby.
  I ask unanimous consent that a summary of my bill, the Homeland 
Security Gun Safety Act, be printed in the Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

              The Homeland Security Gun Safety Act of 2003

       In the aftermath of the tragic events of September 11, 
     2001, the Federal Government has reassessed the Nation's 
     vulnerabilities to acts and threats of terrorism. However, 
     actions taken thus far have failed to address a major 
     remaining threat: accessibility to firearms and explosives 
     within our own borders. The Homeland Security Gun Safety Act 
     of 2003 addresses this threat that leaves America especially 
     vulnerable to future terrorist attacks.
       The Act would enact specific measures that would help 
     prevent terrorists from acquiring firearms and explosives in 
     the United States. Specifically, the Act: 1. enacts increased 
     homeland security measures regarding firearm sales when the 
     terrorist risk level of the Homeland Security Advisory System 
     is raised to ``Elevated''; 2. closes loopholes that have 
     allowed rogue gun dealers to abuse existing law and supply 
     weapons to terrorists and criminals; and 3. strengthens the 
     enforcement of laws federally licensed gun dealers are 
     required to follow.
       ``We have the responsibility to deny weapons to terrorists 
     and to actively prevent private citizens from providing 
     them.''--President George W. Bush, Address to the United 
     Nations, November 10, 2001.


                    The Problem: Terrorism and Guns

       There are a number of cases in which terrorists, both 
     domestic and international, have been acquiring firearms in 
     our country and are using them here and abroad for despicable 
     acts of violence. Firearms are being acquired by prohibited 
     persons due to the weakness and lack of enforceability of 
     existing gun laws.
       Examples of the link between terrorism and firearms in the 
     U.S. include:
       In December, 2001, a manual titled ``How I Can Train Myself 
     for Jihad'' was found among the rubble at a training facility 
     for a radical Pakistan-based Islamic terrorist organization 
     in Afghanistan. This manual contains an entire section on 
     ``Firearms Training'' and singles out the United States for 
     its easy availability of firearms. It stipulates that 
     terrorists living in the U.S. ``obtain an assault weapon 
     legally, preferably AK-47 or variations.'' It also advises 
     would-be terrorists on how they should conduct themselves in 
     order to avoid arousing suspicion as they amass and transport 
     firearms.
       In November 2000, Ali Bourmelhem, was arrested for shipping 
     guns and ammunition to Hezbollah militants in Lebanon by 
     hiding the arms in cargo crates. Boumelhem, who was a 
     resident of Detroit and Beirut, was observed by authorities 
     traveling to gun shows to buy gun parts and ammunition for 
     shipment overseas. He was arrested just before he was 
     scheduled to travel to Lebanon.
       In September 2000, Conor Claxton, an admitted member of the 
     IRA, bought dozens of handguns, rifles and rounds of high-
     powered ammunition through illegal multiple sales and at gun 
     shows. Police in Northern Ireland intercepted 23 of the 
     packages which contained 122 guns and other weapons 
     originating from the group. Claxton's team enlisted the 
     assistance of a licensed firearms dealer in Florida who sold 
     at least 43 handguns to associates of Claxton. The dealer 
     agreed not to report all of the sales on required Federal 
     forms in exchange for an extra $50 per gun. The dealer 
     admitted that he suspected the guns could wind up in the 
     hands of assassins. The dealer later cooperated with 
     prosecutors and pleaded guilty to conspiring to export guns 
     illegally. According to the FBI Agent interviewing Claxton: 
     ``Claxton stated that it is common knowledge that obtaining 
     weapons in the United States is easy,'' and that ``Claxton 
     blamed the United States government for not having tougher 
     gun laws.''
       In 1993, the owners of the Al Fajr Trading Company in 
     Atlanta were convicted of illegally shipping hundreds of guns 
     to Muslim street gangs and drug dealers in New York, Detroit 
     and Philadelphia. Among the customers was a gang associated 
     with Sheik Omar Abdel-Rahman, the Egyptian cleric who was 
     involved in the 1993 terrorist bombing of the World Trade 
     Center. Al Fajr was a licensed dealer but intentionally 
     failed to maintain firearms transaction records of nearly 
     1,000 guns that were trafficked to the Northeast.
       In 1992, an Iranian immigrant in the United States was shot 
     and killed execution style outside her home in Northern New 
     Jersey by a suspected Iranian terrorist. The gun was bought 
     at a Virginia gun shop that was preferred by straw 
     purchasers, high-volume buyers, gun traffickers and convicted 
     felons. The Virginia gun shop owners were arrested 2 months 
     prior to the murder and pleaded guilty to charges stemming 
     from straw purchases.
       Cases of the use of firearms for terrorist acts include:
       In 2002, John Muhammad and John Malvo terrorized the 
     Washington, DC area for more than 3 weeks by embarking on a 
     shooting spree with a sniper rifle. The weapon used to shoot 
     13 innocent victims was a Bushmaster XM-15 rifle purchased at 
     the Bull's Eye Shooter Supply in Tacoma, WA. Muhammad

[[Page S5657]]

     could not have legally purchased it because he is under a 
     domestic violence restraining order and Malvo at age 17 is 
     disqualified as a minor and an illegal immigrant. Two 
     employees of the store admitted that they noticed that the 
     .223 caliber Bushmaster was ``missing'' from a display case 
     but the store's owner did not report the loss as required by 
     Federal law. Following the sniper killings, the shop revealed 
     that over 200 guns went ``missing'' in the last several 
     years. Bull's Eye Shooter Supply remains in operation today.
       In February 1997, Ali Abu Kamal opened fire on a crowd of 
     tourists at the Empire State Building, killing one person and 
     wounding six others. Kamal arrived in New York from Cairo on 
     a tourist visa. After a short stay in New York, he traveled 
     to Melbourne, FL where he checked into a motel. He showed the 
     motel receipt as proof of residency to obtain a Florida ID 
     card which he used to buy a 14-shot, semi-automatic Beretta 
     handgun. Total time from arrival in this country to purchase 
     of the gun was 37 days. The same gun store in Melbourne sold 
     a Ruger Mini 14 rifle to mass-murderer William Cruse a month 
     before he went on a shooting spree in Palm Bay, FL. Cruse 
     killed six people and wounded two dozen others.
       ``[W]hen anyone uses a firearm, whether it's the kind of 
     terrorism that we are trying to combat with al Qaeda and 
     these non-state terrorists, or as a former district attorney 
     involved in the conviction of an individual who used firearms 
     against innocent citizens--regardless of how we define 
     terrorism, that individual and that family felt that they 
     were victims of a terrorist act. Brandishing a firearm in 
     front of anybody under any set of circumstances is a 
     terrorist act and needs to be dealt with.''--Tom Ridge, 
     January 17, 2003, at his confirmation hearing for Secretary 
     of Homeland Security, before the Senate Government Affairs 
     Committee.


  confronting the threat: the homeland security gun safety act of 2003

       The Homeland Security Gun Safety Act of 2003 integrates gun 
     safety into our national homeland security strategy. The bill 
     will suspend the current restrictions on law enforcement's 
     investigative powers during periods of ``Elevated'' terror 
     threat.
       Currently, law enforcement is severely limited in its 
     ability to conduct background checks on suspicious gun 
     purchasers. While over 70 percent of background checks are 
     completed within seconds, and approximately 95 percent are 
     completed within 2 hours, red flags raised on some people's 
     records require further investigation. Under current law, law 
     enforcement only has 3 days to conduct a background check. 
     Given the complexity of tracing court records, the 3-day 
     period often does not give law enforcement enough time to 
     complete a check in some important cases. However, under 
     current law, after the 3-day period has expired, the firearm 
     is handed over to the purchaser--even if the person is a 
     convicted felon or part of a terrorist organization.
       Under the Homeland Security Gun Safety Act, when the 
     Department of Homeland Security determines that the nation is 
     in an ``Elevated'' (yellow) risk of attack or above, the 3-
     day rule would be suspended and law enforcement would have as 
     much time as needed to complete a background check on an 
     individual seeking a weapon or explosive. Upon reverting to a 
     ``Low,'' green, risk for a period of 180 consecutive days, 
     the 3-day rule would resume.
       The Homeland Security Gun Safety Act would suspend this 
     record destruction rule, and require that all records of 
     firearms transfers subject to background checks and records 
     of the National Instant Criminal Background Check system be 
     maintained indefinitely when the Department of Homeland 
     Security determines that the nation is at an ``elevated,'' 
     yellow, risk of terrorist attack or above. Upon reverting to 
     a ``Low,'' green, risk for a period of 180 consecutive days, 
     the standard destruction of records rule resumes. This 
     information will be critical to investigators who are 
     tracking potential terrorists within our borders while we are 
     in a heightened state of alert.

                Federal Firearms Dealer Responsibilities

       The Homeland Security Gun Safety Act requires more 
     responsibility on the part of Federal Firearms Licensees; 
     FFLs; to prevent the flow of illegal firearms. Under the 
     current regime, rules gun dealers are ``required'' to follow 
     are routinely ignored, as the gun laws provide for little 
     enforcement, and even restrict the ability of law enforcement 
     to check gun dealer compliance. In addition, the current 
     system allows terrorists and criminals to travel from dealer 
     to dealer to attempt to purchase a gun until they ``score''--
     without worrying about detection of their failed purchases. 
     The Homeland Security Gun Safety Act would close these 
     loopholes that allow rogue gun dealers to evade the law and 
     sell guns to criminals and terrorists. Specifically, the Act 
     would:
       Require FFLs to report missing weapons immediately and 
     satisfy record keeping requirements, for multiple handgun 
     sales, theft or loss of firearm registration documents, trace 
     requests, out of business and demand records, or face 
     suspension of their licenses. As the ATF's ability to trace 
     crime guns depends on the records kept by FFLs, it is 
     imperative that FFLs fulfill their responsibility to timely 
     report missing weapons and relevant records.
       Requires FFLs not to sell a firearm to an individual when 
     they have reasonable cause to believe that a gun will be used 
     in the commission of a crime.
       If a FFL has reasonable cause to believe that a purchaser 
     is not buying a firearm for his or her own use, but intends 
     to transfer it to another individual who would not qualify 
     for a legal gun purchase, he or she will be prohibited from 
     making the transfer. This is commonly known as a ``straw 
     purchase'' and is a major problem in firearm trafficking in 
     the United States.
       Require FFLs to abide by security standards for the storage 
     and display of firearms. According to the ATF, in 1998 and 
     1999, FFLs filed reports on over 27,287 missing or stolen 
     firearms. The Act would authorize suspensions and fines of 
     FFLs who fail to abide by security standards for the display 
     and storage of firearms.
       Require FFLs to check all secondhand firearm purchases 
     through the FBI's Stolen Gun Registry to confirm that the 
     firearm was not stolen prior to the purchase.
       Require that FFLs notify NICS immediately upon receiving a 
     request from a prospective transferee, of any check conducted 
     within the previous 30 days that did not result in the 
     transfer of a handgun.
       Increase the number of permissible inspections of gun 
     dealers from one unannounced inspection per year, current 
     law, to an unlimited amount of inspections for any violation. 
     If a licensee has a poor compliance record, such as one of 
     the 1.2 percent of firearms dealers who account for 57 
     percent of crime guns, multiple compliance inspections within 
     the 1-year period are necessary for adequate supervision.
       Increase penalties for FFLs who fail to account for missing 
     weapons, fail to timely record or maintain records, record 
     keeping violations or knowingly make false statements in 
     connection with firearms from 1 year to 5 years and assess 
     fines up to $10,000 per violation. The current penalty for 
     this violation is a misdemeanor.
       Prohibit any licensed firearms dealer from selling two or 
     more handguns to an unlicensed individual during any 30-day 
     period. This prohibition will be inapplicable to an exchange 
     of one handgun for one handgun.
       Increase the penalties for persons who unlawfully transfer 
     handguns to juveniles from a misdemeanor to a felony.
       Suspend a FFL's license if the licensee is charged with a 
     crime. Currently, a gun dealer can remain in operation if 
     charged with a crime.
       Require the termination of a FFLs license upon a conviction 
     of a felony. Under current law, a licensee convicted of a 
     felony may continue to conduct business until appeal rights 
     are exhausted. This is a serious loophole which jeopardizes 
     public safety by allowing convicted felons to continue buying 
     and selling large quantities of firearms in interstate 
     commerce pending the resolution of their appeals.
       Require criminal background checks of gun industry 
     employees who deal with firearms, including gun shops, 
     manufacturers and distributors.
       Increase the penalty for persons who unlawfully transfer 
     firearms to a juvenile, from a misdemeanor to a felony.
       Decrease the amount of black powder explosive one is able 
     to acquire without a permit from 50 pounds to 5 pounds.
       According to the ATF report on Commerce in Firearms in the 
     United States, only 1.2 percent of Federal firearms 
     licensees--1,020 of the approximately 83,200 FFL retail 
     dealers--account for over half, 57 percent, of the crime guns 
     traced to current FFLs. This is a staggering number that 
     depicts the disregard of existing laws by these rogue gun 
     dealers. The Homeland and Security Gun Safety Act will 
     strengthen current regulatory control and enforcement in 
     order to protect the safety of the public, while allowing 
     law-abiding Americans to purchase firearms for their own use.
       ``It's our position at the Justice Department and the 
     position of this Administration that we need to unleash every 
     possible tool in the fight against terrorism and do so 
     promptly.''--Attorney General John Ash- croft, Testimony 
     before Congress, September 24, 2001.
       It is time we take a common sense approach to the terrorist 
     threats that face our country today. Terrorists are well 
     aware of our lax gun laws, and we must act preemptively to 
     prevent future tragedies. It is time for action to prevent 
     terrorism by strengthening our country's current gun laws. 
     Our citizens demand it and our homeland security depends on 
     it.

  It is time we take a common sense approach to the terrorist threats 
that face our country today. Terrorists are well aware of our lax gun 
laws, and we must act preemptively to prevent future tragedies. It is 
time for action to prevent future tragedies by strengthening our 
country's current gun laws. Our homeland security depends on it.
                                 ______