[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[Senate]
[Page S10848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself and Mr. Lautenberg):
  S. 2945. A bill to permanently eliminate a procedure under which the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives can waive 
prohibitions on the possession of firearms by convicted felons, drug 
offenders, and other disqualified individuals; to the Committee on the 
Judiciary.
  Mr. CORZINE. Mr. President, I rise today, along with Senator 
Lautenberg, to introduce legislation to help ensure that convicted 
felons are not permitted to legally possess dangerous weapons. The bill 
would eliminate a discredited program under which convicted felons can 
apply to the Bureau of Alcohol, Tobacco and Firearms, ATF, to seek a 
waiver that allows them to possess firearms or explosives.
  Under Federal law, those convicted of felonies generally are 
prohibited from possessing firearms. However, ATF is authorized to 
grant a waiver from this prohibition if it believes that an individual 
is not likely to act in a manner that threatens public safety.
  Interestingly, this waiver authority was enacted not to permit common 
criminals to obtain guns, but to assist a company called Winchester, 
which manufactures firearms. Winchester's parent company, Olin 
Mathieson Chemical Corporation, had been convicted of a felony 
involving a kickback scheme. As a result, Winchester was legally 
prohibited from shipping firearms in interstate commerce. The provision 
was approved to allow Winchester to stay in business.
  Because the provision was drafted broadly, however, the waiver 
provision applied to common criminals. Originally, waivers could not be 
granted to those convicted of firearms offenses. But in 1986, Congress 
expanded the law to allow even persons convicted of firearms offenses, 
and those involuntarily committed to a mental institution, to apply for 
a waiver.
  Between 1981 and 1991, ATF processed more than 13,000 applications. 
These applications required some of ATF's best agents to abandon their 
law enforcement responsibilities and instead conduct extensive 
investigations on behalf of convicted felons. In the late 1980's, the 
cost of handling these petitions worked out to about $10,000 for each 
waiver granted--costs borne by ordinary taxpayers.
  The Violence Policy Center investigated 100 cases in which a 
convicted felon had been allowed to legally possess firearms. In 41 
percent of those cases, the felon had been convicted of a crime of 
violence, or a drug or firearms offense. The crimes of violence 
included several homicides, sexual assaults and armed robberies.
  Between 1981 and 1991, 5600 waivers were granted. In many cases, 
those who regained their gun privileges later used their guns to commit 
serious crimes, such as attempted murder, rape, kidnapping, and child 
molestation.
  This program makes no sense. It is not fair to taxpayers, who must 
foot the bill for ATF investigations. It is not fair to ATF agents, who 
have much more important things to do. And, most importantly, it is not 
fair to the public, whose safety is put at risk when convicted felons 
are allowed to carry guns.
  Fortunately, there has long been bipartisan support for blocking the 
program. Since 1992, Congress has prohibited the use of appropriated 
funds to implement it, and President Bush's budget proposes that the 
prohibition be retained. Yet funding bans in appropriations bills are 
stopgap measures that are effective for only a single fiscal year. It 
is time to eliminate the waiver program permanently.
  I urge my colleagues to support the legislation and ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2945

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Guns for Felons Act''.

     SEC. 2. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARMS 
                   PROHIBITIONS.

       (a) In General.--Section 925(c) of title 18, United States 
     Code, is amended--
       (1) in the first sentence by inserting ``(other than a 
     natural person)'' before ``who is prohibited'';
       (2) in the fourth sentence--
       (A) by inserting ``person (other than a natural person) who 
     is a'' before ``licensed importer''; and
       (B) by striking ``his'' and inserting ``the person's''; and
       (3) in the fifth sentence, by inserting ``(1) the name of 
     the person, (2) the disability with respect to which the 
     relief is granted, (3) if the disability was imposed by 
     reason of a criminal conviction of the person, the crime for 
     which and the court in which the person was convicted, and 
     (4)'' before ``the reasons therefor''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to--
       (1) applications for administrative relief and actions for 
     judicial review that are pending on the date of enactment of 
     this Act; and
       (2) applications for administrative relief filed, and 
     actions for judicial review brought, after the date of 
     enactment of this Act.
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