[Congressional Record Volume 162, Number 4 (Thursday, January 7, 2016)]
[House]
[Pages H167-H170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                GUN VIOLENCE AND GUN CONTROL IN AMERICA

  The SPEAKER pro tempore (Mr. Bost). Under the Speaker's announced 
policy of January 6, 2015, the gentlewoman from Texas (Ms. Jackson Lee) 
is recognized for the remainder of the hour as the designee of the 
minority leader.
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from New 
Jersey, and I thank her for guiding us over the past couple of minutes 
dealing with an important issue.
  Let me quickly move us forward because, in just a few minutes, the 
President of the United States will join with a number of Americans on 
a very important townhall meeting dealing with the question of this 
very important issue of gun violence.
  Today I rise as the ranking member of the Crime, Terrorism, Homeland 
Security, and Investigations Subcommittee of the Committee on the 
Judiciary, but I rise also, as my colleague, as a member of the 
Congressional Progressive Caucus that has been at the leadership. I 
thank both Chairman Grijalva and Chairman Ellison for their leadership 
and the opportunity for this time.
  Again, much was made of the fact that the President, in his last 
term, or his last year, sought to take on this very complicated issue. 
Much was made of the fact that the President chose gun violence as 
something that he took a personal and emotional interest in.
  Let me be very clear. There is never a time that is too short a time 
to confront the horrors of gun violence in this country. Let me give 
you simply an example of what we face not with adults who have 
confronted each other with a gun, but toddlers who are getting shot on 
a weekly basis. For example, a 2-year-old in South Carolina found a gun 
in the backseat of the car he was riding in and accidentally shot his 
grandmother, who was sitting in the passenger's seat.
  I found at least 43 instances this year of somebody being shot by a 
toddler 3 or younger. In 31 of these 43 cases, a toddler found a gun 
and shot himself or herself. These stories are emotional and they are 
real. In one instance, a 3-year-old managed to wound both of his 
parents with a single gunshot at an Albuquerque motel. Shootings by 
toddlers have happened in 24 States so far this year.
  There is a story that comes to mind dealing with a little boy, a 
loving little boy in Kentucky who accidentally shot his 2-year-old 
sister to death. Why? Because someone gave him a gun made by a 
manufacturer who made guns for children.
  Now, Mr. Speaker, I am not here to make moral judgments. That is 
something that I would not do, give a child that is 5 years old a gun. 
But what I am here to speak to is how we can come together, those who 
advocate and use guns, those who believe in open carry, those who 
believe in concealed weapons, those who believe in rifle shooting and 
deer hunting. All of that is part of the American way. There is no 
angst with that.
  What I am saying and what the President is saying with a tearful, 
emotional plea that he made just a few days ago is that we in America 
can do better. The Constitution says we can do better. The Declaration 
of Independence says we can do better. The First Amendment clearly 
provides us the access and the rights of free speech and movement, and 
the Second Amendment is clear that we do have a right to bear arms.
  Many of us historically believe that that was, of course, an 
amendment put in place to protect the beginning Founding Fathers and 
Mothers, if you will, in these early Colonies and to make sure that 
they were not overrun by the British. But it is still a standing 
amendment, and it takes a procedure for it to be undermined, which is 
the argument that I make for those who continuously raise the fact that 
the President and those of us who believe in gun safety or gun 
regulation--which is not controlled--are, in fact, trying to diminish 
the Second Amendment. We are not.
  But what we are trying to do is to do as the President has suggested: 
keep guns out of the wrong hands through background checks. For 
example, unfortunately, the tragedy in South Carolina, Charleston, 
South Carolina, where a crazed individual wanted to provoke a race war, 
worshipped with nine parishioners at Mother Emanuel Church, sat and 
prayed with the pastor, a distinguished senator, and those other loving 
saints, then sprayed bullets and killed nine of them, that individual 
had items in his background that should have warranted him not getting 
a gun.
  But what happened under law? The storekeeper, the gunshop owner, 
after 3 days when that particular affirmation or approval had not come, 
he gave the gun anyway. Foolish. It is so very foolish. There should be 
an extensive requirement that there is a background check when you are 
buying a gun on the Internet or other places we are exchanging guns.
  The President recognizes those kind of loopholes and wishes to avoid 
those kind of loopholes. The ATF is making clear that it doesn't matter 
where you conduct business--from a store, at a gun show, or over the 
Internet--if you are in the business of selling firearms, you must get 
a license and conduct background checks. It baffles me why some people 
have said that won't make any difference. Yes, it will, because a lot 
of times in gun shows people who are here to do wrong are, in fact, 
going to be taking any easy way to get guns.
  Let me cite you an example. I always hear that those cities who have 
rigid gun laws, it doesn't matter. This is the argument I get from my 
friends in the NRA, and I call them my friends because I hope one day 
we will sit down at the table of engagement and collaboration because 
that is the American way.
  Let me give you the statistics that make sense. New York has strong 
gun laws, and Governor Cuomo implemented some stronger gun laws after 
certain tragedies occurred in his State. But here are the statistics 
that argue and refute and extinguish the argument of the NRA: 70 
percent of the guns recovered by police in New York State in 2013 
originated out of the State. The gun laws in New York are working, but 
because of their neighbors, they are suffering. That is why we need to 
have a regulated system that doesn't take people's guns away, but 
provides the safety and security that the American people determine.
  I didn't say, Mr. Speaker, that 70 percent of the guns found in the 
hands of law-abiding citizens were from out of State. I said 70 percent 
of the guns that the New York City, NYPD, that has a

[[Page H168]]

great deal of respect across this Nation as one of the top accredited 
law enforcement agencies, 70 percent of those that they found were 
black-market guns coming into that State from elsewhere. That is a 
tragedy.
  I will tell you for sure that some of those guns were used to maim 
and kill and to fight in gun battles in the streets because we allow 
the kind of selling of guns without background checks and people going 
off and getting gun sales in the back of cars. We know that that has 
happened.
  ATF has finalized a rule to require background checks for people 
trying to buy some of the most dangerous weapons and other items 
through a trust corporation or other legal entity. Whatever we might 
say, I don't believe that it is relevant for us to have the AK-47s just 
walking up and down the street, even if you want to say you believe in 
open carry.

                              {time}  1945

  Also, overhauling the background check system to make it more 
effective and efficient. It is worth noting how many background checks 
are done. Make this 24 hours, 7 days a week. Maybe that would have 
prevented, I think, the tragedy in South Carolina. Make our communities 
safe from guns. Call on U.S. Attorneys to explain to people about gun 
safety.
  When I was on the Houston City Council, I introduced the first gun 
ordinance in a city--that gun safety ordinance is in place today--which 
was to hold parents responsible for children getting guns and shooting 
someone. Why? Because those guns should have been secured. There is 
nothing unconstitutional about regulating and saving the lives of 
children.
  Also, introducing 200 new ATF agents. I am very proud that 
Congresswoman Robin Kelly and myself--and we invite my colleagues to 
join in this legislation--introduced legislation that would, in fact, 
provide for 200 additional Bureau of Alcohol, Tobacco, Firearm and 
Explosive agents and investigators to enforce gun laws. This is the 
very same thing that Republicans have been talking about. It is H.R. 
4316. I invite my colleagues to join in that legislation to make a 
difference in the lives of so many.
  Let me say that, in addition, we want to make sure that we are 
highlighting the importance of receiving complete criminal history 
records and criminal dispositions. We want our States to be 
collaborative. Send to us the accurate records of those who perpetrate 
a crime in your community. That is making this particular background 
check more effective. We are going to do the heavy lifting 24 hours, 7 
days a week with better technology.
  Make our communities safe, as I said. Teach about gun safety. 
Increase mental health treatment and reporting. We are talking about 
$500 million. The President needs our collaboration.
  I am very glad that we have also introduced, along with Congresswoman 
Bass, the authority to authorize funding to increase access to mental 
health care treatment in order to reduce gun violence.
  In the aftermath of the President's speech, I heard all of this talk 
about how we should be getting involved in gun violence and we should 
be talking about gun violence. I heard one Presidential candidate 
saying that we should be looking for the criminally ill. Well, what do 
you think this is?
  The President is asking for help from the ATF, and now he is asking 
for grants and the resources to deal with the criminally ill or those 
who are suffering from mental health issues and to stop them from 
committing gun violence, the very circumstance that occurred with 
respect to the horrificness of Sandy Hook.
  And as I hold up this poster board--the individual ultimately took 
his life and the life of his mother--can we imagine these babies that 
lost their lives? In fact, we understand that some of those law 
enforcement officers could barely stand up as they went in and looked 
at the carnage. Certainly, that individual was known to have suffered 
from some form of mental illness. There should have been an 
intervention there.
  The President is asking for resources to help us with those who are 
suffering from mental health issues. He wants the Social Security 
Administration, as indicated, to begin a rulemaking process to include 
information about beneficiaries who are, in fact, suffering from mental 
health needs.
  This is not an invasion of privacy. This is information. This is not 
knocking on the door of those who are suffering from mental health 
concerns. But it is helping us be more effective if that individual 
seeks to purchase a gun.
  We want to shape the future of gun safety technology. The President 
directed the Departments of Homeland Security--which I am on--Defense, 
and Justice to conduct or sponsor research. Guns can be more safe. If a 
child gets a gun in their hand, there can be more detail to pulling 
that trigger.
  The little boy that shot his sister, there was one bullet left in 
that gun. The parents didn't know it. It was left in a corner. He 
picked it up. It was his toy gun. He is a child.
  We need to be able to be responsive and start boxing each other and 
get around the same circle of improvement. Keeping guns out of the 
wrong hands through background checks is what the President has 
offered.
  Then, of course, we need to work to make our communities safe from 
gun violence by hiring 230 additional NICS examiners and other staff to 
assist with processing mandatory background checks.
  I think I mentioned the mental health resources that I think are so 
very important. I would also suggest that we ensure federally that 
people keep their guns safe. It is very crucial that we insist that 
guns are safe.
  Let me also indicate that Mr. Clyburn has a very important 
initiative--he represents the district where the tragedy occurred in 
South Carolina--to get rid of this 3-day check and to make sure that 
everyone has a background check, no matter what is occurring.
  Let me finish, Mr. Speaker, with indicating the gun-related homicides 
in this country. The rate of gun-related homicides in the U.S. is far 
higher than that of other large and affluent countries. Are they any 
less stronger than we are? We have the highest number of homicides done 
by guns.
  We have Italy, Taiwan, Canada, Spain, Germany, Australia, the United 
Kingdom, France, South Korea, and Japan. Even with the terrorist 
activities, they are way below America. And you can see here the 353 
mass shootings in America in 2015. All of those are by guns.
  If you are too dangerous to fly, you are too dangerous to buy a gun 
in America. I have the no-fly for foreign terrorists. But, more 
importantly, we had legislation that Mr. King sponsored, I believe, and 
others that just simply said: If you are on the no-fly list, you can't 
have a gun.
  I want to find common ground, but most of all, I want to save lives. 
Here today I am saying to my colleagues that we are not saving lives if 
we are not sitting at the table of involvement.
  I will include in the Record a whole list of legislative initiatives 
about gun storage and safety devices and firearms transfer reporting, 
which is similar to what happened in South Carolina, where this 
gentleman got a gun--effectively, he would not have been approved--
also, one on establishing a select committee on gun violence and gun 
violence research--these are by other Members--also, recognizing gun 
violence is a public health emergency, and coming back to allow the 
Centers for Disease Control to finally do research on the impact of gun 
violence.


       gun violence prevention legislation & legislative support

       1. H.R. 4315 (Rep. Jackson Lee)--Mental Health Access and 
     Gun Violence Prevention Act-authorizes $500 million for 
     mental health treatment access and to assist in the reporting 
     of relevant disqualifying mental health information to the 
     FBI's background check system NICS.
       2. H.R. 4316 (Rep. Jackson Lee)--Gun Violence Reduction 
     Resources Act--authorizes the hiring of 200 additional ATF 
     agents and investigators for enforcement of existing gun 
     laws.
       3. H.R. 47 (Rep. Jackson Lee), Gun Storage And Safety 
     Devices For All Firearms Act, a bill directing the Attorney 
     General to enforce that any firearm transferred to a person 
     who is not a licensed importer, licensed manufacturer, or 
     licensed dealer must provide a secure gun storage or safety 
     device.
       4. H.R. 3125 (Rep. Jackson Lee), Accidental Firearms 
     Transfers Reporting Act, a bill directing the Federal Bureau 
     of Investigations to report to Congress semiannually the 
     number of firearms transfers resulting from the failure to 
     complete a background check within 3 business days, and the 
     procedures followed after it is discovered that the firearm 
     transfer has been made to an ineligible person.

[[Page H169]]

  

       5. H.R. 3051 (Rep. Clyburn, James, SC-6) Background Check 
     Completion Act: a bill to eliminate the requirement that a 
     firearms dealer transfer a firearm if the national instant 
     criminal background check system has been unable to complete 
     a background check of the prospective transferee within 3 
     business days.
       6. H. Res. 467 (Rep. Thompson, Mike (CA-5) Establishing the 
     Select Committee on Gun Violence Prevention, responsible for 
     issuing a final report and recommendations, including 
     legislative proposals within 60 days of its establishment.
       7. H.R. 3926 (Rep. Honda, Michael, CA-17) Gun Violence 
     Research Act, to amend the Public Health Service Act to 
     provide for better understanding of the epidemic of gun 
     violence.
       8. H.R. 224 (Rep. Kelly, Robin, IL-2) the Recognizing Gun 
     Violence as a Public Health Emergency Act: To help us learn 
     more about the true public health impact of domestic gun 
     violence, and provide us with the data we need to make sound 
     recommendations to make our communities safer.
       9. H.R. 225 (Rep. Kelly, Robin, IL-2) Firearm Safety Act of 
     2015: to amend the Consumer Product Safety Act to remove from 
     the definition of ``consumer product'' the exclusion for any 
     article sold by a manufacturer, producer, or importer that 
     would be subject to a firearms sales tax under the Internal 
     Revenue Code for pistols, revolvers, and other firearms, 
     including shells and cartridges, thereby permitting the 
     Consumer Product Safety Commission to issue safety standards 
     for such articles.
       10. H.R. 226 (Rep. Kelly, Robin, IL-2) Keeping Guns from 
     High Risk Individuals Act: A bill to amend the Brady Handgun 
     Violence Prevention Act to prohibit the sale or disposition 
     of a firearm or ammunition to any person knowing or having 
     reasonable cause to believe that such person: has been 
     convicted of a crime of violence in the previous 10 years; is 
     under age 25 and has been adjudicated as an adult as having 
     committed a crime of violence; has been convicted on 2 
     separate occasions in any period of 3 consecutive years in 
     the last 10 of an offense that has the possession or 
     distribution of alcohol or a controlled substance as an 
     element; or has been convicted of stalking. And further 
     prohibits any such person from shipping or transporting in 
     interstate or foreign commerce, or possessing in or affecting 
     commerce, any firearm or ammunition; or receiving any firearm 
     or ammunition which has been shipped or transported in 
     interstate or foreign commerce.
       11. H.R. 1217 (Rep. King, Peter, NY-2) Public Safety and 
     Second Amendment Rights Protection Act of 2015: A bill to 
     amend the Brady Handgun Violence Prevention Act to 
     reauthorize for FY2016-FY2019 the grant program for 
     improvements to the criminal history record system, and 
     establishes the National Commission on Mass Violence to study 
     the availability and nature of firearms, including the means 
     of acquiring firearms, issues relating to mental health, and 
     the impacts of the availability and nature of firearms on 
     incidents of mass violence or in preventing mass violence.
       12. H.R. 2767 (Rep. Johnson, Henry C. ``Hank,'' Jr., GA-4), 
     Airport Security Act of 2015: Directs the Transportation 
     Security Administration (TSA) to establish a program to 
     prohibit all but specified authorized individuals from 
     possessing a firearm at a covered airport, including any 
     individual who enters the airport, or exits public 
     transportation at it, for air travel, meeting another 
     individual, picking up cargo, or employment.
       13. H.R. 3497 (Rep. Engel, Eliot, NY), Protect Law 
     Enforcement Armor (PLEA) Act: To ban the sale of the FN Five-
     seveN and other armor-piercing handguns and ensure new 
     weapons like it stay off our streets.
       14. H. RES. 520 (Rep. Lawrence, Brenda, MI-14), Expressing 
     the sense of the House of Representatives that the Federal 
     firearms laws should be rigorously enforced, that all 
     appropriate measures should be taken to end the flood of 
     unlawfully purchased firearms into our communities, and that 
     adequate resources should be provided to accomplish such 
     purposes.
       15. Member, Gun Violence Prevention Task Force
       16. Panelist, Congressional Roundtable on Gun Violence in 
     Communities of Color and Combating `Bad Apple' Gun Dealers
       17. Congressional Letter, urging major news broadcasters to 
     raise greater awareness to the high number of casualties by 
     guns that occur every day by broadcasting a list of names and 
     photos of victims in every state.
       18. Congressional Letter, requesting a meeting with the 
     United States Attorney General, Loretta Lynch, to discuss 
     alternate gun crime and violence prevention policies.
       19. Congressional Letter, requesting Executive Action by 
     President Barack Obama to clarify what it means to be 
     `engaged in the business' of selling guns in order to prevent 
     unlicensed sellers from engaging in the sale of guns without 
     background check.

  Ms. JACKSON LEE. If we don't stand together, then the long litany of 
children that have died by gun violence, Mr. Speaker, will continue.
  The only thing that will stop this is for us to recognize that we 
have gun deaths, gun deaths by justified homicide and criminal 
homicide, mass shootings, mental health shootings with guns, and 
suicide, guns and domestic violence.
  The only thing that will happen is that it will continue. Does anyone 
want this kind of massacre to continue at the hands of someone using a 
gun?
  Some of the aspects of what the President has presented--background 
checks, mental health resources, ATF, FBI--200 more--if we join 
together, I can assure you America can find her comfortable place in 
the sun with a wonderful Constitution and democracy, where all of us, 
no matter what our philosophy, what our political party, can come 
around the issue of saving lives.
  I am pleased to join my colleagues of the Congressional Progressive 
Caucus in this important Special Order on universal child care and gun 
violence in America.
  I would like to thank Congresswoman Bonnie Watson Coleman for 
convening this evening's Special Order and for her dedicated leadership 
on critical issues impacting children and working families, including 
this evening's topic of universal childcare and gun safety.
  As we turn to the topic of gun violence in America, I would also like 
to thank President Obama for his leadership and for helping to bring 
this issue to the forefront of our national priorities.
  Gun violence in America can no longer be swept under the rug, ignored 
or irrationally justified.
  We are in a state of national crisis and it is time to act.
  Upon taking office, every Member of Congress makes a solemn pledge: 
to protect and defend the American people.
  This is the most important oath we take as elected officials--and, to 
honor this promise, we must do everything in our power to stem gun 
violence in our nation.
  Yet, after another mass shooting and countless acts of gun violence 
in communities across our country every day, House Republicans are 
still unwilling to act to stop gun violence and save lives in American 
communities.
  The Democrats have been calling for an immediate vote on the 
bipartisan King-Thompson Public Safety and Second Amendment Rights 
Protection Act to strengthen the life-saving background checks that 
keep guns out of the wrong hands.
  This Congress has a moral obligation to do our part to end the gun 
violence epidemic.
   Now is the time for Republicans to join Democrats in protecting the 
lives of Americans by taking common sense steps to save lives.
  The Administration has announced two new executive actions that will 
help strengthen the federal background check system and keep guns out 
of the wrong hands.
  I have introduced two bills that will hopefully enhance these 
executive actions and support the President's recently announced action 
on gun violence.
  H.R. 4315--Mental Health Access and Gun Violence Prevention Act--
authorizes $500 million for mental health treatment access and to 
assist in the reporting of relevant disqualifying mental health 
information to the FBI's background check system NICS.
   H.R. 4316--Gun Violence Reduction Resources Act--authorizes the 
hiring of 200 additional ATF agents and investigators for enforcement 
of existing gun laws. The President included these specific requests in 
yesterday's announcements and these bills respond to those requests.
  Additionally, the Department of Justice (DOJ) is proposing a 
regulation to clarify who is prohibited from possessing a firearm under 
federal law for reasons related to mental health.
  And the Department of Health and Human Services (HHS) is issuing a 
proposed regulation to address barriers preventing states from 
submitting limited information on those persons to the federal 
background check system.
  Ending gun violence in America requires a comprehensive approach--we 
must come together and work towards this common goal.
  Too many Americans have been severely injured or lost their lives as 
a result of gun violence.
  While the vast majority of Americans who experience a mental illness 
are not violent.
  However, in some cases when persons with a mental illness does not 
receive the treatment they need, the result can be tragedies such as 
homicide or suicide.
  We must continue to address mental health issues by:
  Supporting expanded coverage of mental health services and enhanced 
training and hiring of mental health professionals; and
  Continuing the national conversation on mental health to reduce 
stigma associated with having a mental illness and getting help; and
  We must also continue to do everything we can to making sure that 
anyone who may pose a danger to themselves or others does not have 
access to a gun.
  The federal background check system is one of the most effective ways 
of assuring that

[[Page H170]]

such individuals are not able to purchase a firearm from a licensed gun 
dealer.
  To date, background checks have prevented over two million guns from 
falling into the wrong hands.
  The Administration's two new executive actions will help ensure that 
better and more reliable information makes its way into the background 
check system.
  The Administration, however, has acknowledged the need for collective 
action and continues to call upon Members of Congress to pass common-
sense gun safety legislation and to expand funding to increase access 
to mental health services.
  I too call upon my colleagues to come together and pass legislation 
that will help stop the loss of innocent lives.
  While we have made some progress in strengthening the National 
Instant Criminal Background Check System (NICS), which is used to run 
background checks on those who buy guns from federally licensed gun 
dealers to make sure they are not prohibited by law from owning a 
firearm, we must do more.
  I am a strong supporter of a right of privacy and I am particularly 
sensitive and protective of patient privacy rights.
  I support the Health Insurance Portability and Accountability Act 
that was passed by Congress in 1996, and includes privacy protection 
for medical records, which includes mental healthcare information.
  However, there are specific areas under federal law that allow the 
disclosure of medical information to authorities, and in these 
instances there should be an agreement that when a person poses a 
threat to themselves or others (as determined by a court or 
adjudicative authority with the medical and legal knowledge and 
authority to make a determination that a person poses a threat to 
themselves or to others) should not be allowed to purchase a fire arm.
  Technology that could be deployed to access court records and arrest 
records as they relate to mental health and violent behavior should not 
rely upon a list that may become outdated or could be used in ways that 
are not consistent with the intent of enhancing gun safety.
  The ability to access information that is accurate and available for 
the limited purpose of affirming or rejecting a request to purchase a 
firearm without indicating the source of the decision or the reason for 
the rejection would still protect privacy rights while also protecting 
the public.
  The president's proposal on mental health and gun violence is to 
enforce the laws already in place.
  Under a federal law enacted in 1968, an individual is prohibited from 
buying or possessing firearms for life if he/she has been ``adjudicated 
as a mental defective'' or ``committed to a mental institution.''
  A person is ``adjudicated as a mental defective'' if a court--or 
other entity having legal authority to make adjudications--has made a 
determination that an individual, as a result of mental illness: 1) Is 
a danger to himself or to others; 2) Lacks the mental capacity to 
contract or manage his own affairs; 3) Is found insane by a court in a 
criminal case, or incompetent to stand trial, or not guilty by reason 
of lack of mental responsibility pursuant to the Uniform Code of 
Military Justice.
  A person is ``committed to a mental institution'' if that person has 
been involuntarily committed to a mental institution by a court or 
other lawful authority. This expressly excludes voluntary commitment.
  It should be noted, however, that federal law currently allows states 
to establish procedures for mentally ill individuals to restore their 
right to possess and purchase firearms (many states have done so at the 
behest of the National Rifle Association, with questionable results).
  It is undoubtedly true that people who are a danger to self and/or 
others because of mental illness should be prohibited from owning 
firearms.
  It is less clear, however, how to tailor new policies to better 
protect the American public while at the same time avoiding the 
stigmatization of Americans with mental illness.
  Any strategy to address the lethal intersection between guns and 
mental illness should focus of the key facts:
  On average, more than 100,000 people in America are shot in murders, 
assaults, and other crimes.
  More than 32,000 people die from gun violence annually, including 
2,677 children under the age of eighteen years old.
  Suicide is the leading cause of gun related deaths in America.
  60 percent of deaths by guns in America are the result of individuals 
using these weapons as a means to commit suicide.
  Some of these deaths might have been prevented if there were adequate 
background checks.
  Each year hundreds of law enforcement officers lose their lives to 
gun violence been shot to death protecting their communities.
  Millions of guns are sold every year in ``no questions asked'' 
transactions and experts estimate that 40 percent of guns now sold in 
America are done so without a background check.
  National Instant Criminal Background Check System (NICS) was created 
in 1998 to require potential gun buyers to pass an instant screening at 
the point of purchase.
  Ensures that purchasers are not felons, domestic abusers, mentally 
ill, etc.
  NICS has blocked sales to more than 2 million prohibited people.
  NICS stops 170 felons and 53 domestic abusers from purchasing guns 
every day.
  The most serious issue facing NICS is the ``private sale loophole''.
  This allows anyone who is not a federally-licensed dealer to sell 
guns without a background checks.
  An estimated 40% of gun transfers--6.6 million transfers--are 
conducted without a background check.
  Armslist.com is the largest online seller of firearms.
  66,000 gun ads are posted by private sellers on a given day, 750,000 
per year.
  Nearly 1/3rd of gun ads on Armslist.com are posted by high-volume 
unlicensed sellers (approx. 4,218 people).
  High-volume sellers posted 29% of the gun ads.
  High-volume sellers posted 36,069 gun ads over 2 months.
  This would equate to around 243,800 guns each year by unlicensed 
sellers.
  50% were familiar with federal laws but decided they didn't apply to 
them.
  1/3rd of ``want-to-buy'' ads are posted by people with a criminal 
record.
  More than 4 times the rate at which prohibited gun buyers try to buy 
guns in stores.
  Approximately 25,000 guns are in illegal hands.
  Mr. Speaker, I yield back the balance of my time.

                          ____________________