[Congressional Record (Bound Edition), Volume 149 (2003), Part 17]
[Senate]
[Page 24177]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          NICS IMPROVEMENT ACT

  Mr. LEVIN. Mr. President, I bring the National Instant Criminal 
Background Check Improvement Act, formerly called the Our Lady of Peace 
Act, to the attention of my colleagues. On March 12, 2002, a priest and 
a parishioner were killed at the Our Lady of Peace Church in Lynbrook, 
NY, by a man who was able to obtain a gun despite the fact that he had 
a prior disqualifying mental health commitment and a restraining order 
that should have prevented him from purchasing a gun. The man who 
committed this double murder passed a Brady background check because 
the NICS database did not have the necessary information to determine 
that he was ineligible to purchase a firearm.
  The NICS Improvement Act would provide funding to fix the hole in the 
current NICS background check system caused by the failure of many 
states to computerize and update their criminal history records. While 
the Brady check system currently provides fast responses to firearms 
dealers for over 90 percent of gun purchasers within a few minutes, 
responses are occasionally delayed because information concerning state 
and local convictions is not up-to-date or available. This can result 
in delays for some who lawfully seek to purchase a gun and the failure 
to block gun sales to some unlawful purchasers. To fix this problem 
States need adequate funding to input and update criminal history data. 
This bill would provide $1 billion to help States do just that.
  This is not a small problem. According to Americans for Gun Safety, 
25 States have automated less than 60 percent of their criminal 
conviction records. Twenty States do not automate domestic violence or 
temporary restraining order records. This shortcoming in our public 
safety system, according to AGS statistics, has allowed over 10,000 
prohibited buyers to obtain a gun because the background check could 
not be completed within the three business days as required by the law.
  The NICS Improvement Act has been sponsored by Senators on both sides 
of the aisle, and I urge my colleagues to support it.

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