[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[Senate]
[Page 27277]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   THE SUCCESS OF THE 1994 BRADY ACT

  Mr. LEVIN. Mr. President, statistics released last month by the 
Department of Justice indicate that the 1994 Brady Act has had a 
meaningful impact on keeping firearms out of the hands of criminals. 
The annual Bureau of Justice Statistics bulletin titled ``Background 
Checks for Firearms Transfers'' reveals that nearly 126,000 firearm 
transactions to prohibited individuals were prevented in 2004 alone.
  As my colleagues know, the 1994 Brady Act requires individuals 
seeking to acquire guns from a federally licensed firearms dealer to 
undergo a background check. This process requires the applicant to 
provide a variety of personal information, which is not retained longer 
than 4 days unless the person is prohibited by law from receiving or 
possessing firearms. The primary factors that disqualify individuals 
from receiving firearms include felony or domestic violence 
convictions, identification as a fugitive or illegal alien, substance 
abuse, and serious mental illness. Unfortunately, membership in a known 
terrorist organization does not automatically disqualify an applicant 
from receiving or possessing a firearm under current law. This is one 
of the loopholes in our gun safety laws that should be addressed by 
Congress.
  The Department of Justice reports that since enactment of the 1994 
Brady Act, more than 1.2 million applications for firearms transfers 
have been rejected because disqualifying information was uncovered 
during a background check of the applicant. Of the applications that 
were rejected in 2004, 44 percent were rejected because the applicant 
had been convicted of or was under indictment for a felony offense. In 
addition, 16 percent were rejected because of domestic violence 
convictions or a related restraining order.
  According to the Department of Justice statistics, almost 80 percent 
of the rejected applicants in 2004 had a serious criminal history, had 
been involved in domestic violence, or were identified as a fugitive. 
This means that nearly 100,000 times last year, criminals and known 
domestic abusers were denied access to dangerous firearms because of 
background checks required by the 1994 Brady Act.
  Unfortunately, not all firearms transactions are subject to a 
background check. The law requires background checks only for those 
transactions that involve a federally licensed firearms dealer. 
According to the Coalition to Stop Gun Violence ``two out of every five 
guns acquired in the United States; including guns bought at gun shows, 
through classified ads, and between individuals; change hands without a 
background check.'' The Coalition to Stop Gun Violence also estimates 
that ``extending criminal background checks to all gun transactions in 
the United States could prevent nearly 120,000 additional illegal gun 
sales every year.''
  It is important that we do not infringe on the rights of law-abiding 
citizens. However, with those rights in mind and protected, we should 
not allow those with a violent or serious criminal record to acquire 
dangerous firearms. I urge my colleagues to join me in support of 
commonsense gun safety legislation, such as the 1994 Brady Act, that 
will make our nation safer.

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