[Congressional Record (Bound Edition), Volume 147 (2001), Part 17]
[Senate]
[Pages 23612-23614]
[From the U.S. Government Publishing Office, www.gpo.gov]



             GUN SHOW BACKGROUND CHECK ACT OF 2001, S. 767

  Mr. REED. Mr. President, I rise today to inform Senators of my 
intention to bring before the Senate at the earliest possible time an 
important piece of legislation that I introduced last April along with 
21 of my colleagues.
  Our bipartisan bill, S. 767, the Gun Show Background Check Act of 
2001, would apply the Brady law to all firearms sales at gun shows, 
thereby closing the loophole that allows criminals to buy firearms from 
private sellers at gun shows without a background check. This 
legislation is identical to the Lautenberg amendment passed by the 
Senate on a bipartisan vote in the 106th Congress.
  As long as gun violence continues to take the lives of 10 of our 
young people every day, and about 30,000 Americans every year, we must 
do everything we can to prevent convicted felons, domestic abusers, and 
other prohibited purchasers from gaining access to firearms.
  It has been my intention to bring this legislation to a vote since 
its introduction last spring. We were asked not to offer the bill as an 
amendment to the education bill because it was one of the President's 
top priorities. We were asked not to offer it to the bipartisan 
campaign finance reform bill because it was non-germane. We were asked 
not to offer it to the bipartisan Patients' Bill of Rights because it 
was

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a fragile compromise. We were asked not to offer it to the Defense 
authorization bill because of the critical importance of moving that 
legislation. Finally, we are barred by Senate rules from offering the 
amendment to the fiscal year 2002 appropriations bills moving through 
the Senate.
  By not enacting this legislation, we have, unfortunately, overlooked 
one of the most effective tools we can give to law enforcement to 
prevent violent acts against our people, and that is the ability to 
conduct background checks every time a gun is sold at more than 4,000 
gun shows held in this country each and every year. The time has come 
for the Senate to consider this legislation. It was important before 
September 11, and it is even more important today.
  Here are the facts: The Bureau of Alcohol, Tobacco and Firearms 
reported to Congress last year that gun shows are a major gun 
trafficking channel, responsible for more than 26,000 illegal firearms 
sales during a single 18-month period. Gun shows are the second leading 
source of illegal guns recovered in gun trafficking investigations. The 
FBI and ATF tell us again and again that convicted felons, fugitives 
from justice, and other prohibited purchasers are taking advantage of 
the gun show loophole to acquire firearms.
  Now, more and more evidence is emerging that terrorists also know the 
weaknesses in our gun laws. The Chicago Tribune reported on November 18 
that among the ruins of radical Islamic safehouses in Kabul were 
computer printouts of Jihad training manuals that emphasized how easy 
it is to obtain firearms, and firearms training, in the United States.
  Under the heading ``How Can I Train Myself for Jihad,'' the manual 
says, ``in other countries, for example, some states of the United 
States or South Africa, it is perfectly legal for members of the public 
to own certain types of firearms. If you live in such a country, obtain 
an assault rifle legally, preferably AK-47 or variations, learn how to 
use it properly and go and practice in the areas allowed for such 
training.'' The manual goes on to advise those training for holy war to 
join American gun clubs to sharpen their shooting skills, saying,

       There are many firearms courses available to the public in 
     the USA, ranging from 1 day to 2 weeks or more. These courses 
     are good but expensive. Some of them are only meant for 
     security personnel but generally they will teach anyone. It 
     is also better to attend these courses in pairs or by 
     yourself, no more. Do not make public announcements when 
     going on such a course. Find one, book your place, go there, 
     learn, come back home and keep it yourself. . . . Useful 
     courses to learn are sniping, general shooting and other 
     rifle courses. Handgun courses are useful but only after you 
     have mastered rifles.

  We also have new evidence of suspected terrorists using gun shows to 
obtain weapons. On September 10, a jury in Detroit convicted Ali 
Boumelhem, a member of the terrorist group Hezbollah, on charges of 
conspiring to smuggle guns and ammunition to Lebanon. Mixed in with 
auto parts in a container bound for Lebanon, law enforcement 
authorities found a variety of weapons and accessories purchased at gun 
shows, including two shotguns, 750 rounds of ammunition, flash 
suppressors for AK-47s, and upper receiver for an AR-15 (the civilian 
version of the M-16), and speed loaders for 5.56mm ammunition.
  Ali Boumelhem and his brother, Mohamad, knew the law well, and they 
exploited it over the years. Because Ali is a convicted felon and 
therefore prohibited from purchasing firearms under the Brady law, the 
confiscated weapons were purchased from licensed dealers at gun shows 
by Mohamad, who is not a felon. Mohamad was later acquitted of charges 
related to this illegal ``straw purchase.'' According to the court 
record, he also threatened a confidential informant during the 
investigation, saying ``If we cannot get you here we will take care of 
you in Lebanon.''
  The investigation also revealed that prior to November 1998, when the 
National Instant Criminal Background Check System was implemented under 
the Brady law, Ali Boumelhem did purchase several shotguns from 
licensed dealers at gun shows by lying on the required form about his 
felony conviction. He knew that prior to the establishment of the NICS, 
background checks were not required on long guns in many States. We may 
never know what became of those guns, and, more importantly in terms of 
the legislation I am discussing today, we will never know whether 
Boumelhem or his brother purchased guns from private sellers at these 
gun shows because there is no record of sale or background check 
required for sales by unlicensed sellers at gun shows, then and now. 
What we do know is that this Hezbollah member found a large selection 
of weapons there and worked the system to his benefit over time before 
finally getting caught. We need to close the gun show loophole so that 
we prevent illegal weapons purchases by terrorists.
  In another case, the New York Times reported on November 13 that 
Conor Claxton, a man accused of being a member of the Irish Republican 
Army, testified in Federal court in Fort Lauderdale that he and his 
associates had gone to south Florida gun shows to buy thousands of 
dollars worth of handguns, rifles, and high-powered ammunition to 
smuggle to Northern Ireland.
  The Times also reported that on October 30 in Texas, Muhammad Navid 
Asrar, a Pakistani man, pleaded guilty to immigration violations and 
illegal possession of ammunition. Authorities said that in the last 7 
years Mr. Asrar had bought several weapons at gun shows, including 
handguns and rifles. According to police in Alice, Texas, a Federal 
grand jury is investigating whether he may be linked to al Qaeda 
terrorists. The Times reported that he aroused the authorities' 
suspicion when he asked employees at his convenience store to take 
pictures of tall buildings and mail letters for him from Pennsylvania 
back to Texas.
  I wrote to Attorney General John Ashcroft earlier this month to ask 
what steps the Department of Justice is taking to prevent terrorist 
attacks involving firearms, including firearms acquired at gun shows. I 
look forward to his reply. I also met with officials of the Department 
of Justice and ATF to discuss the role of firearms in their 
counterterrorism efforts. Let me say that although the Attorney General 
and I may not agree on many issues when it comes to the regulation of 
firearms, I believe we have a unique opportunity to work together to 
prevent violent acts by terrorists and others, without infringing upon 
the constitutional rights of law-abiding Americans. Not one single, 
solitary person who is not already prohibited from possessing firearms 
would be denied the right to purchase firearms by our gun show bill.
  I know there are those who oppose any new gun laws. They have a right 
to that opinion, but what is their proposed alternative? Should we 
ignore the Jihad manuals and the cases of Ali Boumelhem, Conor Claxton, 
and Mohammad Asrar? Do any of us really know what the next terrorist 
attack will look like? I believe we have a clear responsibility to do 
everything we can to prevent terrorists from gaining access to 
firearms.
  But even if we set aside the issue of terrorists' access to guns, 
this legislation is important to bring some sense to our gun laws and 
save American lives. The chilling reports this week of an alleged plot 
by students at New Bedford High School to kill large numbers of their 
fellow students and teachers reminded us that the threat of gun 
violence is still very real for our children and families.
  Two years ago, after Eric Harris and Dylan Klebold killed 13 people 
and themselves at Columbine High School with weapons purchased from a 
private seller at a gun show, Democrats and Republican in the Senate 
joined together to pass the Lautenberg amendment to close the gun show 
loophole. The legislation I have introduced is identical to that 
Senate-passed amendment. Unlike other gun show bills, it would apply 
the successful Brady law to every gun sold at gun shows, without 
exception. As under current law, law enforcement would have up to three 
business days to conduct background checks on firearms sales. Our 
opponents will say that we're trying to shut down gun shows by imposing 
a

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``waiting period'' on gun sales that usually take place on weekends. 
But that is not the case. There is no ``waiting period.'' The Brady law 
gives law enforcement up to 3 business days to complete a background 
check on a prospective gun buyer. In fact, most gun purchases are 
processed very quickly by the NICS system. The FBI clears 72 percent of 
gun buyers within 30 seconds. Another 23 percent are cleared within 2 
hours. That means background checks are completed within 2 hours for 95 
percent of prospective gun buyers. Nineteen out of twenty have a 
decision rendered in just 2 hours.
  But what about that last 5 percent that takes longer than 2 hours? 
According to a recent GAO report, those gun buyers are more than 20 
times more likely to be prohibited from possessing a weapon under 
Federal law.
  For gun buyers in that last 5 percent, potentially disqualifying 
information often requires the FBI to access court records--which are 
typically not available on a weekend; indeed, typically not available 
until at least Monday morning--to ensure that the person is not a 
convict felon or fugitive from justice; those records have to be 
checked.
  Yet other gun show bills would make exceptions to the Brady law, 
reducing background checks for many gun show sales to 24 hours, to 
avoid inconveniencing the people in that 5-percent category. I believe 
that would be a serious mistake. We must reject the notion that it is 
better to allow a criminal to get gun than to ask a small group of 
potentially high-risk gun buyers to experience a minor inconvenience. 
If anything, law enforcement needs more time, not less, to conduct 
background checks. The FBI reported last year that over an 18-month 
period, more than 6,000 firearms were sold to convicted felons and 
other prohibited buyers because the three business days allowed under 
the Brady law expired before law enforcement could provide a definitive 
response. These illegal firearms must then be retrieved by State and 
Federal officer, as dangerous scenario which no one wants to see 
repeated or multiplied. We are not proposing to lengthen the time for 
background checks, but clearly it would be a mistake to shorten it even 
further. Instead, we should do the right thing for both law enforcement 
and gun buyers and simply apply current law to all gun show sales. No 
law-abiding citizen will be denied the right to purchase a firearm 
under my legislation. As under current law, if the 3 business days 
expire before law enforcement identifies a violation that would 
prohibit the gun sale, the sale can go forward.
  We are not trying to end gun shows, and we are not trying to deny any 
law-abiding American the right to purchase a gun. What we are trying to 
end is the free pass we're now giving to convicted felons when they can 
walk into a guns how, find a private dealer, buy whatever weapons they 
want, and walk out without a background check.
  In overwhelming numbers, the American people believe that background 
checks should be required for all gun show sales. The people of 
Colorado and Oregon confirmed this last fall when they approved ballot 
initiatives to close the guns show loophole. I want my colleagues to 
know that I will take every opportunity early next year to bring the 
Gun Show Background Check Act before the Senate for a vote. I urge my 
colleagues to support this legislation so that we can finally close the 
gun show loophole and make sure that convicted felons, domestic 
abusers, terrorists, and other prohibited persons do not use gun shows 
to purchase firearms without a Brady background check.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Akaka). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent the order for 
the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Alaska is recognized.

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