[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[House]
[Pages 13464-13465]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        TAKING STEPS TO FIX NICS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Mrs. McCarthy) is recognized for 5 minutes.
  Mrs. McCARTHY. Mr. Speaker, currently, when someone wants to buy a 
gun, they are subject to a background check, and once he or she is 
cleared, the records of that transaction are destroyed after 24 hours. 
But 24 hours is simply not enough time to ensure a gun is not sold to 
someone who should not be buying guns. Why? Because the National 
Instant Background Check System, or NICS, is not effective enough to 
warrant such a quick turnaround time on gun purchase records.
  NICS is a database to check potential firearm buyers for any criminal 
record or history of mental illness.

                              {time}  1715

  Mr. Speaker, however, the NICS system is only as good as the 
information States provide. Twenty-five States have automated less than 
60 percent of their felony convictions into the NICS system.
  In these States, many felons will not be listed on the NICS system 
and would be able to purchase guns with no questions asked. In 13 
States, domestic violence restraining orders are not accessible through 
the NICS system. Common sense would dictate that you do not sell a gun 
to someone who has been recently served with a restraining order.
  Thirty-three States have not automated or do not share mental health 
records that would disqualify certain individuals from purchasing a gun 
under existing law. Also felony convictions in some States will not 
show up on another State's background check.

[[Page 13465]]

  I understand the political realities of this Congress when it comes 
to new gun laws. Many on both sides of the aisle see anything longer 
than a 24-hour period to hold records as a de facto gun registry.
  So we must take measures to fix the NICS system to make sure that our 
existing laws are enforced. I have introduced legislation with the 
gentleman from Michigan (Mr. Dingell), the NICS Improvement Act of 
2005, that will give States grants to update their NICS database.
  This is the same bill that passed the House by a voice vote in the 
107th Congress. No one person was denied his or her second amendment 
rights because of this bill. Even the National Rifle Association 
approved the bill in 2002.
  It is the States' responsibility to make sure that NICS databases are 
in order. But if so many States are facing budget problems, many simply 
cannot afford to dedicate resources to updating their NICS system.
  Meanwhile, too many criminals are slipping through the cracks of our 
background check system. This is unacceptable, especially in the post-
9/11 era. Until we fix the NICS system, our law enforcement officers 
will continue to be within a tight deadline to determine whether or not 
background checks cover all of the bases.
  With my bill, we can ensure that the NICS system does its job at the 
point of purchase. Mr. Speaker, please bring the NICS Improvement Act 
up for a vote this summer. It is time that we close the legal loopholes 
that make it so easy for criminals to buy guns and so difficult for law 
enforcement agencies to keep us safe.
  Mr. Speaker, this is a bill that can work. This is a bill that has 
bipartisan support. This is a bill that can save lives, especially 
those of our police officers.

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