[Congressional Record Volume 162, Number 113 (Wednesday, July 13, 2016)]
[House]
[Pages H4819-H4820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE PATH FORWARD ON GUN VIOLENCE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
South Carolina (Mr. Clyburn) for 5 minutes.
  Mr. CLYBURN. Mr. Speaker, I come today to draw attention to the fact 
that tomorrow evening we are going to be hosting a SpeakOut on the west 
front of the Capitol, the west lawn, and we are going to be 
highlighting four pieces of legislation: H.R. 1217, H.R. 1076, H.R. 
3051, and H.R. 4603.
  I am particularly interested today in H.R. 3051. That is the 
legislation that seeks to close what has become known as the Charleston 
loophole. The reason I am particularly interested in it today is 
because yesterday the General Accountability Office issued a 57-page 
report. Now, that report is so voluminous

[[Page H4820]]

I am not going to ask that it be entered into the Record, but I will 
include the one-page summary into the Record. Here is what you are 
going to find in this report:

                    [From GAO Highlights, July 2016]

                              Gun Control


Analyzing Available Data Could Help Improve Background Checks Involving 
                       Domestic Violence Records

     What GAO Found
       Most of the 50 states submit domestic violence records--
     misdemeanor crime of domestic violence (MCDV) convictions and 
     domestic violence protection orders--to the Department of 
     Justice's (DOJ) Federal Bureau of Investigation (FBI) for use 
     during National Instant Criminal Background Check System 
     (NICS) checks, but states vary in their efforts to identify 
     (``flag'') such records that prohibit an individual from 
     obtaining a firearm under federal law. For example, in 2015, 
     22 states voluntarily participated in a program to identify 
     criminal history records that prohibit individuals from 
     obtaining firearms, which can include domestic violence 
     records. FBI data also show that 47 states identified 
     domestic violence protection orders that prohibit firearm 
     purchases. Since not all domestic violence records that 
     states submit to the FBI meet federal prohibiting criteria, 
     flagging prohibiting records can help expedite NICS checks. 
     The total number of prohibiting domestic violence records 
     that states submit to the FBI is generally unknown because 
     states are not required to flag prohibiting records and there 
     is no automated process to disaggregate such records from 
     other records checked by NICS.
       For fiscal years 2006 to 2015, FBI data show that most NICS 
     checks involving domestic violence records that resulted in 
     denials were completed before firearm transfers took place 
     (see table). However, about 6,700 firearms were transferred 
     to individuals with prohibiting domestic violence records, 
     which resulted in the FBI referring these cases to DOJ's 
     Bureau of Alcohol, Tobacco, Firearms and Explosives for 
     firearm retrieval. Under federal law, firearm dealers may 
     (but are not required to) transfer a firearm to an individual 
     if the dealer has not received a response (proceed or denial) 
     from the FBI after 3 business days.

 Background Check Denials and Firearm Transfers for Misdemeanor Crimes 
 of Domestic Violence (MCDV) Convictions and Protection Orders, Fiscal 
                           Years 2006 to 2015

       Category--MCDV convictions, Total denials--59,000, Within 3 
     days--41,000, After 3 days--18,000, Firearm transfers--6,221.
       Category--Protection Orders, Total denials--30,000, Within 
     3 days--28,000, After 3 days--2,000, Firearm transfers--559.
       FBI data also show that during fiscal year 2015, the FBI 
     completed 90 percent of denials that involved MCDV 
     convictions within 7 business days, which was longer than for 
     any other prohibiting category (e.g., felony convictions). 
     The FBI completed 90 percent of denials that involved 
     domestic violence protection orders in fewer than 3 business 
     days. According to federal and selected state officials GAO 
     contacted, the information needed to determine whether 
     domestic violence records--and in particular MCDV 
     convictions--meet the criteria to prohibit a firearm transfer 
     is not always readily available in NICS databases and can 
     require additional outreach to state agencies to obtain 
     information. DOJ has taken steps to help states make 
     prohibiting information more readily available to NICS--such 
     as through training and grant programs--but does not monitor 
     the timeliness of checks that result in denials by 
     prohibiting category. Ongoing monitoring could help the FBI 
     determine if specific prohibiting categories present greater 
     challenges in making determinations than other categories 
     and, in turn, the FBI could provide the results to other DOJ 
     entities to help them establish priorities, such as for 
     grants, state outreach, or training.
                                  ____



                             GAO Highlights

       Highlights of GAO-16-483, a report to the Acting Ranking 
     Member, Subcommittee on Commerce, Justice, Science, and 
     Related Agencies, Committee on Appropriations, House of 
     Representatives.
     Why GAO Did This Study
       The FBI and designated state and local criminal justice 
     agencies use the FBI's NICS to conduct background checks on 
     individuals seeking to obtain firearms. Persons prohibited by 
     federal law from possessing firearms include individuals who 
     have domestic violence records that meet federal 
     disqualifying criteria. Under federal law, firearm dealers 
     may transfer a firearm to an individual if the FBI has not 
     made a proceed or denial determination within 3 business 
     days.
       GAO was asked to review NICS checks involving domestic 
     violence records. This report (1) describes the extent to 
     which states identify domestic violence records that prohibit 
     an individual from obtaining a firearm and (2) evaluates the 
     extent to which NICS checks involving domestic violence 
     records are completed before firearm transfers take place and 
     any related challenges in completing these checks.
       GAO reviewed laws and regulations; analyzed FBI data from 
     2006 through 2015 on domestic violence records that states 
     submitted to the FBI, FBI total checks and denial 
     determinations, and DOJ firearm retrieval actions; and 
     interviewed officials from DOJ and eight states (chosen based 
     on number of domestic violence records submitted to NICS and 
     other factors). State interview results are not generalizable 
     but provide insights on state practices.
     What GAO Recommends
       GAO recommends that FBI monitor the timeliness of NICS 
     checks to assist DOJ entities in establishing priorities for 
     improving the timeliness of checks. FBI agreed with the 
     recommendation.

  Mr. CLYBURN. Mr. Speaker, this report says that the General 
Accountability Office has found that between the years 2006 and 2015, 
89,000 people have been blocked from purchasing weapons who were not 
eligible to purchase weapons because of their records.
  But the report says that 6,800 others were able to purchase firearms 
because the 3-day limit expired before they had the chance to complete 
the background checks. That is what happened to those nine souls at 
Emanuel AME Church when the gentleman, if I might call him that, who 
purchased a weapon and murdered those nine people was not eligible to 
purchase a weapon. He was joined by 6,800 others.
  Now, we have heard from people who tell us--and this report says--
that this is the biggest contributor to domestic violence. 6,800 people 
who have been convicted of domestic violence were able to go and 
purchase guns simply because of this loophole.
  We have been asking for years now that the Centers for Disease 
Control be authorized to go and study this issue to help better inform 
us on the impact of gun violence, but this House has passed prohibitive 
legislation that will not allow funds to be used to do that study.
  I don't quite understand. Why is it not proper for the Members of the 
United States Congress to be equipped with information that will allow 
us to make better decisions about how to protect the American people?
  People who are guilty of domestic violence and have been proven in 
the courts to be guilty ought to not be allowed to go onto the Internet 
and purchase a weapon. We have case after case where these weapons were 
then almost immediately used to injure, maim, and, in some instances, 
kill wives, spouses, and children because of this loophole.
  I would have hoped that after June 17 of last year that we would come 
to our senses in this body and close this loophole, but tomorrow 
evening we are going to once again draw attention to this loophole 
because the American people are deserving of being protected by those 
of us who are elected to protect them, secure them, and to make sure 
that they can live out their lives in security.

                          ____________________