[Congressional Record Volume 152, Number 108 (Wednesday, September 6, 2006)]
[House]
[Page H6275]
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, the clock is ticking on the 109th 
Congress. There is not much time left to pass commonsense gun 
legislation that will keep guns out of the hands of criminals without 
infringing on anyone's second amendment rights.
  When it comes to commonsense gun laws, the Congress has a dismal 
record. Thus far, this Congress has given corrupt and incompetent gun 
dealers immunity from negligence lawsuits. This Congress will make it a 
crime for two police departments to share information from ATF's 
ballistics database. This Congress has tied the hands of law 
enforcement dealing with gun-wielding mobs during times of disaster, 
and it has made it possible for guns to be brought into hurricane 
shelters.
  But now this Congress has a chance to redeem itself a little bit. 
Last spring, the Judiciary Committee's Subcommittee on Crime, Terrorism 
and Homeland Security approved H.R. 1415, the NICS Improvement Act, and 
the full committee markup is scheduled for tomorrow.
  This is a bill that would increase the effectiveness of the existing 
National Instant Criminal Background Check System, the database used to 
check firearms buyers for any criminal record or any disqualifying 
criteria.
  Overall, NICS has been a success. Since 1994, more than 1.2 million 
individuals have been denied a gun because of a failed background 
check. NICS also provides the vast majority of honest gun sellers with 
peace of mind in knowing that they are selling their products to 
citizens who will use their guns legally.
  However, the NICS system is only as good as the information that the 
States provide, and unfortunately, many States do not have the 
resources necessary to enter all of their disqualifying criteria into 
the NICS system.
  The end result is that felons and others who are not permitted by 
existing law to buy guns are passing background checks and buying guns 
through legitimate means.
  In fact, 28 States have automated less than 75 percent of their 
criminal record history. In 15 States, domestic violence restraining 
orders are not accessible through NICS. Those and other loopholes have 
cost countless people their lives. It is only a matter of time before 
the system's failings provoke more tragedies.
  We must improve the NICS system and allow it to do what it was 
designed to do. The responsibility for accuracy and effectiveness of 
the NICS system ultimately belongs to the States. However, many State 
budgets are already overburdened.
  This legislation would provide grants to States to update the NICS 
system. States would be able to update their system, their database, to 
include felons, domestic abusers and others not legally qualified to 
buy a gun.
  The bill's goal is to have all 50 States enter at least 90 percent of 
their disqualifying information into the NICS system.

                              {time}  1945

  States that don't comply or fall short of these goals will be 
penalized with a 5 percent reduction of their Federal Department of 
Justice grant allocations.
  Also, the bill would provide grants for State courts to promptly 
enter information to the NICS system. For example, when someone is 
served with a restraining order stemming from domestic violence, an 
inefficient NICS system allows him or her to leave the courthouse and 
head right to the gun store. My bill would make sure all prevailing 
court records are entered into the NICS database before a crime of 
passion can be committed.
  It is important to keep in mind this bill does not infringe on 
anyone's second amendment right, which I support. It creates no new gun 
laws. It simply gives States the resources to better enforce the 
current laws. If H.R. 1415 becomes law, law-abiding citizens who want 
to buy a gun legally will not experience any delay at the point of 
purchase. This bill poses no new burden on gun sellers or owners.
  In fact, I first introduced this bill in 2002 with my friend and 
colleague Mr. Dingell of Michigan, who is well-known for his strong 
support of gun rights. This legislation passed in 2002. Unfortunately, 
the other body didn't have time to take it up. This is something that 
we can actually get passed. This is something that we should be 
passing.
  We see gun violence becoming more prevalent lately. I know. In my own 
Long Island district suburban area, over the weekend, we had many gun 
violence incidents. We are seeing more robberies with guns. These are 
illegal guns. We must enforce the laws that are on the books so we can 
save lives, and especially those that do survive these horrible 
tragedies so that we don't run up the medical costs of this country.
  Mr. Speaker, the debate on guns has been going on for a long time, 
and I understand that this body is nervous about the National Rifle 
Association, but we have to do what we can to protect the citizens of 
this country by making sure that illegal guns don't get into the wrong 
hands. It may not be a perfect bill. We are not going to be perfect in 
anything we do here, but we can certainly do better, and we should be 
doing better.

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