[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Page S11620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          MISSED OPPORTUNITIES

  Mr. LEVIN. Mr. President, as we near the end of the 108th Congress, I 
must express my disappointment that this Congress has failed to pass 
sensible gun safety legislation. By ignoring these bills we are missing 
opportunities to increase the security of our families, communities, 
and particularly our police officers.
  The greatest of these missed opportunities has been the failure to 
reauthorize the 1994 Assault Weapons Ban. On September 13, 2004 this 
legislation expired, allowing 19 previously banned assault weapons, as 
well as firearms that can accept detachable magazines and have more 
than one of several specific military features, such as a folding/
telescoping stock, protruding pistol grip, bayonet mount, threaded 
muzzle or flash suppressor, barrel shroud or grenade launcher to be 
legally sold again. Common sense tells us that there is no reason for 
civilians to have easy access to guns with these features.
  Earlier this year, I joined with the majority of my Senate colleagues 
in passing an amendment to reauthorize the assault weapons ban for 
another 10 years. However, the bill to which it was attached was later 
derailed. Despite the overwhelming support of the law enforcement 
community, the ongoing threat of terrorism, bipartisan support in the 
Senate, and the pleas of Americans who have already lost loved ones to 
assault weapons tragedies, the ban was allowed to expire, as the 
President and the Republican congressional leadership were unwilling to 
act.
  We also missed the opportunity to close the gun show loophole. 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 prohibited by law 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 that 
the seller ensure the purchaser is not in a prohibited category. This 
creates a loophole in the law, making it easy for criminals, 
terrorists, and other prohibited buyers to evade background checks and 
buy guns from private citizens. This loophole creates a gateway to the 
illegal market because criminals know they will not be subject to a 
background check when purchasing from another private citizen even at a 
gun show.
  I cosponsored an amendment offered by Senators Reed and McCain which 
would have closed the gun show loophole because I believe it is a 
critical change needed to prevent 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. Like the amendment to reauthorize the assault 
weapons ban, the bill to which the amendment was attached was later 
defeated, and despite the fact that a bipartisan majority of Senators 
voted in support of closing the gun show loophole, Republican 
leadership has refused to schedule another vote on the issue.
  This Congress has also failed to consider several other pieces of 
sensible gun safety legislation which would make it more difficult for 
convicted criminals to gain access to firearms. One such bill, the 
Military Sniper Regulation Act, would change the way .50 caliber guns 
are regulated by placing them under the requirements of the National 
Firearms Act. This would subject these weapons to the same regimen of 
registration and background checks as those weapons regulated under the 
National Firearms Act. These powerful weapons can accurately hit 
targets a mile away and tighter regulation is needed to prevent them 
from falling into the wrong hands.
  Another bill not considered in the 108th Congress, the National 
Instant Criminal Background Check Improvement Act, would have provided 
funding to fix the hole in the current NICS background check system 
caused by the failure of many states to computerize and update their 
criminal history records. This failure can result in delays for some 
who lawfully seek to purchase a gun as well as an inability to block 
gun sales to some unlawful purchasers. To fix this problem, States need 
adequate funding to input and update criminal history data. This bill 
would have authorized $1 billion to help states do just that.
  Unfortunately, the 108th Congress has retreated from the goal of 
creating a safer nation by keeping dangerous guns off of our streets. 
Instead of strengthening laws that would help prevent future gun crimes 
and terrorist attacks, Congress has allowed legislation like the 
assault weapons ban to expire, giving potential criminals and 
terrorists easier access to powerful weapons. The 108th Congress's 
record on gun safety is not one of which to be proud. I will continue 
to work toward passing sensible gun safety legislation to help make our 
communities more safe. I hope that next year in the 109th Congress, the 
Republican congressional leadership and the President will begin to 
work with the bipartisan majority who want to enact sensible gun safety 
legislation.

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