[Congressional Record Volume 161, Number 31 (Tuesday, February 24, 2015)]
[Senate]
[Pages S1077-S1078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Whitehouse, Mr. Schumer, Mr. 
        Durbin, Mr. Blumenthal, Mrs. Boxer, Mr. Reed, Mr. Menendez, 
        Mrs. Gillibrand, Mr. Murphy, Ms. Warren, and Mr. Markey):
  S. 551. A bill to increase public safety by permitting the Attorney 
General to deny the transfer of firearms or the issuance of firearms 
and explosives licenses to known or suspected dangerous terrorists; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to address what I believe 
is a national security and public safety weakness.
  The United States currently has a system in place to keep known or 
suspected terrorists off of airplanes. But even though they can't fly, 
these very same terrorists can walk into any gun store anywhere in the 
country and purchase a firearm.
  If a terrorist is too dangerous to board an airplane, that same 
individual is too dangerous to possess a gun.
  That's why we are introducing the Denying Firearms and Explosives to 
Dangerous Terrorists Act, a bill to fix this glaring loophole in our 
background check system.
  This is not a hypothetical issue.
  Individuals with links to terrorism regularly purchase guns in the 
United States.
  According to data just received from the Government Accountability 
Office, between February 2004 and December 2014, there were at least 
2,233 cases in which a known or suspected terrorist--individuals who at 
the time were on federal terrorist watch lists--tried to buy a firearm 
or obtain a firearm or explosives license or permit.
  In 91 percent of these cases, a total of 2,043 separate occasions, 
those known or suspected terrorists successfully passed a background 
check.
  The Kouachi brothers, the terrorists who killed 12 people at Charlie 
Hebdo in Paris, are reportedly on the U.S. no fly list.
  However, if they had made it to the United States, the fact that they 
were on terrorist watch lists would have done nothing to prevent them 
from legally buying firearms or explosives.
  One of the alleged Boston Marathon bombers, Tamerlan Tsarnaev, was 
reportedly placed on two terrorist watch lists in 2011.
  He later killed three and injured 170 with homemade explosives and 
killed a police officer with a handgun.

[[Page S1078]]

  In 2009, Abdulhakim Mujahid Muhammad opened fire at a military 
recruiting station in Little Rock, Arkansas. He killed one and 
critically injured another.
  According to press reports, Muhammad had been under investigation by 
the FBI for suspected links to terrorism after traveling to Yemen, 
where he was arrested for using a Somali passport. Those actions 
certainly would have placed him on terrorist watch lists, but would not 
have kept him from buying firearms.
  The bill that we are introducing today is very simple.
  It would close this dangerous loophole by giving the Attorney General 
discretion to prevent someone from buying explosives or a gun if that 
individual is a known or suspected terrorist and may use the firearm in 
connection with terrorism.
  It would also give the Attorney General discretion to prevent someone 
from obtaining a license to sell guns or explosives if that individual 
is a known or suspected terrorist and may use the firearm in connection 
with terrorism.
  The Attorney General could use a range of tools to make this 
decision, most notable terrorist watch lists and the no fly list.
  In addition to making the decision at the discretion of the Attorney 
General, the bill includes other safeguards to make sure innocent 
individuals are not denied the ability to buy firearms or explosives.
  The first safeguard is that very high standards already exist for an 
individual to be designated as a known or suspected terrorist.
  The FBI or the National Counterterrorism Center must nominate the 
individual to be included in the Terrorist Screening Database.
  There must be sufficient identifying data about the person to ensure 
they can be accurately matched with the terrorist on the watch list.
  The circumstances must meet the ``reasonable suspicion'' standard. 
This means the facts of the case must be strong enough to reasonably 
determine the person is known or suspected to be engaged in terrorism.
  The second safeguard is that every provision in current law allowing 
individuals to appeal the denial of a firearm or explosive purchase 
will also apply to this bill.
  The office within the FBI that handles the background check system, 
known as the NICS Section, or the National Instant Criminal Background 
Check System Section, must provide the reason for denial upon request.
  Individuals then have the right to correct any inaccurate records in 
the background check system. If a purchase is still denied, individuals 
can take the Justice Department to court to overturn the decision.
  Gun safety safety bills are often labeled as Democratic bills. That 
is not the case here.
  This bill was first proposed by the Justice Department under 
President George W. Bush, who recognized that keeping guns away from 
terrorists is good policy.
  Attorney General Holder has also testified that the Justice 
Department under President Obama continues to support this proposal.
  The bill has also been endorsed by Everytown for Gun Safety. This 
group represents more than 1,000 current and former mayors, both 
Republican and Democrat.
  The legislation has also been endorsed by the Brady Campaign to 
Prevent Gun Violence, the Violence Policy Center, Americans for 
Responsible Solutions, and the Coalition to Stop Gun Violence.
  I would also like to thank the bill's cosponsors: Senators 
Whitehouse, Schumer, Durbin, Blumenthal, Boxer, Reed, Menendez, 
Gillibrand, Murphy, Warren, and Markey. All of you are champions for 
stronger gun safety laws.
  The terrorist attack in Paris should be a wake-up call for everyone.
  This sort of terrorist attack is very possible here in the United 
States, and the ability for known and suspected terrorists to buy guns 
and explosives makes it even more likely.
  Congress should close this loophole in our background check system 
and ensure that known and suspected terrorists can't easily gain access 
to these weapons.
  I urge my colleagues to support this bill.
                                 ______