[Congressional Record Volume 151, Number 122 (Tuesday, September 27, 2005)]
[House]
[Pages H8377-H8378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Mrs. McCarthy) is recognized for 5 minutes.
  Mrs. McCARTHY. Mr. Speaker, on March 8, 2002, Peter Troy purchased a 
.22 caliber semi-automatic rifle with no questions asked.
  The seller ran his name through the Federal background check system 
and nothing came up. However, Peter Troy had a history of mental health 
problems and his own mother filed a restraining order against him 
because of his violent background.
  It was illegal for him to purchase a gun, but he, like so many 
others, he simply slipped through the cracks in our background check 
system. Four days later, Peter Troy walked into Our Lady of Peace 
Church in Lynbrook in my district, opened fire, and killed Reverend 
Lawrence Penzes and Eileen Tosner.
  Peter Troy had no business buying a gun, and the system created to 
prevent him from doing so has failed. It is only a matter of time 
before the system's failings provoke larger tragedies.
  Earlier today, I submitted an amendment to the Department of Justice 
authorization bill that will help ensure that others will not be 
victimized because of our flawed background check system.
  NICS, the National Instant Criminal Background Check System, is the 
database used to check potential firearm buyers for any criminal record 
or history of mental illness. In large, NICS has been a great success.
  Since 1994, more than 700,000 individuals have been denied a gun 
because of a felony conviction or other qualifying item on their 
background check. However, the NICS system is only as good as the 
information that it has. 25 States have automated less than 60 percent 
of their felony convictions into the NICS system. In these States, many 
felons will not turn up on the NICS system and would be able to 
purchase guns with no questions asked. For example, if someone is 
convicted of a crime in Texas, that disqualifying offense might not 
appear on a background check conducted in New York.
  In 13 States, domestic violence restraining orders are not accessible 
through NICS. Common sense would tell you and dictate to you that you 
do not sell a gun to someone who has been served a restraining order.

                              {time}  1930

  Thirty-three States do not have automated or do not share mental 
health records that would disqualify certain individuals from 
purchasing a gun.
  This amendment is similar to the stand-alone legislation that I have 
introduced. This amendment would require all States to provide the FBI 
with all of the relevant records needed to conduct effective background 
checks.
  It is the State's responsibility to ensure this information is 
current and accurate. However, I recognize many State budgets are 
already overburdened. This legislation would provide grants to States 
to update their NICS system. States would get the funds they need to 
make sure records relevant to NICS are up to date.
  We need the NICS Improvement Act to become law, and we need more 
bills like this to pass. These are ideas that impose no new 
restrictions on gun owners, but give the government tools to ensure 
existing laws are effective and enforceable. In fact, the NICS 
Improvement Act already passed this House in the 107th Congress by a 
voice vote. The bill had the endorsement of the National Rifle 
Association. Unfortunately, the other body never acted on the bill.
  This is common-sense gun legislation we can all agree on. This bill 
will save lives while not infringing on anybody's second amendment 
rights.
  Mr. Speaker, I hope the Committee on Rules accepts my amendment and 
we pass it on the floor tomorrow by a voice vote. If we can prevent 
another tragedy like the one that occurred at the Our Lady of Peace 
church, and those that are happening around this country, with a simple 
voice vote, we should do it right away.
  We can make a difference in this country in reducing gun violence for

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over 30,000 people that are killed a year and for those that are 
injured, not to say how much it would save on our health care costs. We 
have the laws on the books. We must enforce them, but we need the tools 
to do so.

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