[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7741-S7742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               COMBATTING TERRORISTS' ACCESS TO FIREARMS

  Mr. LEVIN. Mr. President, in May 2010, the Senate Homeland Security 
and Governmental Affairs Committee held a hearing on how known or 
suspected terrorists are taking advantage of lax Federal laws to 
purchase firearms. The committee discussed two legislative proposals, 
both of which I have cosponsored, to address this weakness in current 
law: the Denying Firearms and Explosives to Dangerous Terrorists Act, 
S. 1317, and the PROTECT Act, S. 2820. S. 1317 would close the loophole 
in current law--known as the terror gap--that prevents the Federal 
Government from stopping the sale of firearms or explosives to a known 
or suspected terrorist--unless that individual falls under another 
disqualifying category. S.2820 would lengthen the time--from the 
current duration of 90 days to 10-years the FBI is required to keep gun 
transfer records that involve a purchaser on the terrorist watch list. 
Unfortunately, despite broad support from the law enforcement 
community, Congress has failed to pass these commonsense pieces of 
legislation.

[[Page S7742]]

  On September 22, 2010, the Senate Homeland Security and Governmental 
Affairs Committee held a hearing entitled ``Nine Years After 9/11: 
Confronting the Terrorist Threat to the Homeland.'' At this hearing, I 
questioned FBI Director Robert Mueller about the FBI's efforts to 
prevent individuals on the terrorist watch list from acquiring firearms 
and explosives. In regard to S. 1317, I asked Director Mueller if he 
had an opinion as to whether or not persons on the terrorist watch list 
should be able to buy guns and explosives. I was pleased to hear 
Director Mueller's response that ``all of us would want to keep weapons 
out of the hands of terrorists and/or persons on the terrorist watch 
list.'' This response echoes the support given at a November 2009 
Senate Judiciary Committee hearing by Attorney General Eric Holder, the 
Nation's top law enforcement official, for legislation to close the 
terror gap.
  In regard to S. 2820, I asked Director Mueller whether he would like 
to be able to keep firearm transfer records for longer than 90 days for 
persons on the terrorist watch list. Again, I was glad to hear that 
Director Mueller favors a longer period of record retention across the 
board, including for those persons who are on the terrorist watch list. 
According to Director Mueller, ``retention of records gives us an 
ability to go back, when we identify some person, and determine whether 
or not there's additional information we would have in those records 
that would enable us to conduct a more efficient investigation.''
  At this hearing, Director Mueller added his voice to the chorus of 
support from so many law enforcement professionals for legislative 
solutions that address the deficiencies in current law. Closing the 
terror gap and increasing the duration of firearm record retention are 
two ways to give the law enforcement community the necessary tools to 
keep guns and explosives out of the hands of known and suspected 
terrorists. Congress should listen to the brave men and women charged 
with protecting the American public and, without further delay, pass 
these commonsense solutions.

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