[Congressional Record Volume 149, Number 134 (Friday, September 26, 2003)]
[Senate]
[Page S12055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              LIE AND BUY

  Mr. LEVIN. Mr. President, on September 18, 2003, the Bureau of 
Justice Statistics released its annual report on the National Instant 
Criminal Background Check System, also known as NICS. According to its 
report, approximately 136,000, or 1.7 percent, of the 7.8 million of 
the gun checks performed by the NICS system resulted in a denial. Since 
its inception, the NICS database has prevented approximately 976,000 
individuals from illegally acquiring a firearm. The report went on to 
note that 66 percent of the rejections were due to a felony record or 
outstanding warrant, and about 14 percent were rejected for a domestic 
violence misdemeanor conviction or restraining order.
  Earlier this year, the Americans for Gun Safety Foundation released a 
report entitled, ``The Enforcement Gap: Federal Gun Laws Ignored.'' The 
report analyzed the Justice Department's record enforcing and 
prosecuting gun laws. The report examined prosecution data acquired 
under the Freedom of Information Act from the Justice Department for 
fiscal years 2000 through 2002. The AGS study reveals a significant gap 
between the number of Federal gun crimes committed and the number of 
Federal prosecutions initiated.
  The report found that 20 of the 22 major Federal gun laws are rarely 
prosecuted. The two statutes consistently enforced are laws against the 
use of a firearm in the commission of a Federal crime and a felon in 
possession of a firearm. The 20 laws that address other illegal firearm 
activity, including gun trafficking, firearm theft, lying on a criminal 
background check form, removing firearm serial numbers, and selling 
guns to minors are rarely enforced according to the AGS study.
  The statistics in the AGS report are startling. According to AGS, in 
the fiscal year ending September 30, 2002, U.S. Attorneys filed only 
578 cases against individuals who lied on the criminal background check 
form to purchase a firearm despite the fact that over 100,000 people 
were denied purchases for that reason. President Bush and Attorney 
General Ashcroft pledged to vigorously enforce the gun laws on the 
books, but the AGS report seems to indicate that the Bush 
administration has failed to live up to the promise. I believe vigorous 
law enforcement is a critical step toward reducing gun violence. I urge 
the Justice Department to step up its efforts to prosecute not only 
people who commit gun crimes, but those who illegally seek to buy a 
gun.

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