[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.
____________________