[Congressional Record Volume 162, Number 107 (Tuesday, July 5, 2016)]
[House]
[Page H4201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              GUN VIOLENCE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
South Carolina (Mr. Clyburn) for 5 minutes.
  Mr. CLYBURN. Mr. Speaker, I am pleased that the House will finally 
consider legislation to make reforms to our background check system for 
firearm purchases. Now, Mr. Speaker, the word ``reform'' can either be 
a noun or a verb. As a noun, reform means a change for the better, 
improving a situation without revolutionary change, a moral 
improvement. But I am afraid, Mr. Speaker, that in this instance, the 
reform we are about to vote upon is a verb, where it simply means to 
form again or to become formed again.
  Americans are demanding a background check system that is a change 
for the better and is not riddled with loopholes. They demand a system 
that protects the rights of law-abiding Americans while preventing 
dangerous individuals from obtaining weapons. They demand a system 
where, to purchase a gun, you must pass a background check. 
Unfortunately, the bill before us, crafted by the NRA, will not deliver 
this to the American people.
  One of the fundamental loopholes in the Brady bill, which requires 
background checks for most purchases, is that, if the sale is not 
approved after 3 days, a firearm dealer can make the sale anyway, even 
though the background check is still pending. Tragically, this loophole 
has been given a new name and nine new faces following the attack at 
Emanuel AME Church in Charleston on June 17, 2015.
  Prior to that fateful day, the Charleston shooter was arrested in 
Columbia, South Carolina, on March 1, 2015, and charged with a felony 
drug offense. FBI Director James Comey has since confirmed that, as 
part of this arrest, the shooter admitted to the city of Columbia 
police that he was in possession of drugs. Under the Brady Handgun 
Violence Prevention Act, an unlawful drug user or addict is prohibited 
from purchasing a firearm, and this information should have barred the 
shooter from the purchase.
  Now, on Saturday, April 11, 2015, the shooter attempted to purchase a 
firearm in West Columbia, South Carolina, and the background check 
process was initiated. Now, Mr. Speaker, 91 percent of FBI background 
checks are processed within minutes, and gun dealers are informed the 
buyer is either approved or denied; however, the other 9 percent 
require additional scrutiny by FBI examiners and are not processed 
immediately. The Charleston shooter's background check was marked 
``delayed/pending.''
  Though the shooter was arrested on March 1 by the city of Columbia 
police, he, for some reason, was taken to the Lexington County jail, 
and his arrest record listed the arresting agency as the Lexington 
County Sheriff's Office. Columbia, South Carolina, is in Richland 
County. This clerical error was noticed by a Lexington County 
corrections officer shortly after and corrected, but was only corrected 
internally. That correction was not given to the FBI.
  On Monday, April 13, when the FBI investigator sought to get more 
information about the shooter's March arrest, she initially contacted 
the Lexington County Sheriff's Office for more information, who 
informed her that the case was in the city of Columbia. Not seeing a 
listing for Columbia on the Lexington County law enforcement list, she 
contacted West Colombia, who had no knowledge of the arrest.
  By Thursday, April 16, the background check was still listed as 
delayed/pending, but three business days had passed. Consequently, Mr. 
Speaker, he was allowed to purchase a gun, and nine souls lost their 
lives because of this loophole. We should close it and do it today.

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