[Congressional Record Volume 150, Number 39 (Thursday, March 25, 2004)]
[Senate]
[Page S3173]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CLOSING THE GUN SHOW LOOPHOLE

  Mr. LEVIN. Mr. President, three weeks ago the Senate passed an 
amendment during consideration of the gun immunity bill which would 
close the gun show loophole. I supported this amendment because I 
believe it is common sense gun safety legislation.
  Under current law, when an individual buys a handgun from a licensed 
dealer, there are federal requirements for a background check to insure 
that the purchaser is not a person prohibited from purchasing or 
possessing a firearm. However, this is not the case for all gun 
purchases. For example, when an individual wants to buy a handgun from 
another private citizen who is not a licensed gun dealer, there is no 
requirement to ensure that the purchaser is not in a prohibited 
category. This creates a loophole in the law, which makes it easy for 
criminals, terrorists, and other prohibited buyers to evade background 
checks and buy guns. This loophole is the gateway to the illegal market 
because criminals know they are not subject to a background check and 
no record is made of the sale.
  I cosponsored the amendment offered by Senators Jack Reed and John 
McCain, which would close the gun show loophole, because I believe it 
is a critical tool in preventing guns from getting into the hands of 
criminals and other ineligible buyers. This amendment would have simply 
applied existing law governing background checks to individuals buying 
firearms at gun shows. Preventing easy and unchecked access to guns is 
critical in preventing gun violence.
  This amendment also had the support of major law enforcement 
organizations including the International Association of Chiefs of 
Police, the National Troopers Coalition, the International Brotherhood 
of Police Officers, the Police Executive Research Forum, the Major 
Cities Chiefs, the National Association of School Resource Officers, 
the National Black Police Association, the National Organization of 
Black Law Enforcement Executives, and the Hispanic American Police 
Command Officers Association.
  The gun industry immunity legislation would have provided 
unprecedented protection from liability to gun manufacturers and 
dealers, even in cases where their own gross negligence or recklessness 
led to someone being injured or killed. I opposed the bill and it was 
defeated in the Senate. However, before the bill was defeated, the gun 
show loophole amendment passed with bipartisan support. Given that, I 
hope the Senate will take up and pass gun show loophole legislation 
this year.

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