[Congressional Record (Bound Edition), Volume 151 (2005), Part 5]
[Senate]
[Page 5916]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         A MATTER OF PRIORITIES

  Mr. LEVIN. Mr. President, I would like to bring an editorial from 
Monday's edition of the New York Times to the attention of my 
colleagues. The editorial, titled ``Guns for Terrorists,'' is a logical 
commentary on several potentially dangerous shortfalls in our Nation's 
gun safety laws that not only potentially allow individuals on 
terrorist watch lists to buy guns but also require that records related 
to the sale be destroyed within 24 hours of the purchase.
  Under current law, individuals included on Federal terrorist watch 
lists are not automatically prohibited from purchasing firearms. A 
report released by the General Accountability Office on March 8, 2005, 
found that from February 3, 2004, through June 30, 2004, a total of 44 
attempts to purchase firearms were made by individuals designated by 
the Federal Government as known or suspected terrorists. In 35 cases, 
the transactions were authorized to proceed because federal authorities 
were unable to find any information in the national instant criminal 
background check system, NICS, that would prohibit the individual from 
lawfully receiving or possessing firearms. Current law also requires 
that records, even in these cases, where known or suspected terrorists 
successfully purchase firearms, be destroyed within 24 hours.
  Learning about a suspected terrorist's purchase of a firearm could 
potentially be critical to counterterrorism investigators working to 
prevent a terrorist attack. Common sense tells us that the automatic 
destruction of documents related to the successful purchase of firearms 
by individuals on terrorist watch lists would significantly hamper 
these investigations. I have cosponsored the Terrorist Apprehension 
Record Retention Act. The legislation would require that in cases where 
a known or suspected terrorist successfully purchased a firearm, 
records pertaining to the transaction be retained for 10 years. The 
bill also requires that all NICS information be shared with appropriate 
Federal and State counterterrorism officials anytime an individual on a 
terrorist watch list attempts to buy a firearm.
  We should be working to pass legislation to close loopholes that 
allow potential terrorists to buy dangerous weapons like the AK-47 
assault rifle, the .50 caliber sniper rifle, and the Five-Seven armor-
piercing handgun. We should be working to provide our law enforcement 
officials with the tools they need to protect our families and 
communities.
  I ask unanimous consent that the April 4, 2005 New York Times 
editorial titled ``Guns for Terrorists'' be printed in the 
Congressional Record.
  There being no objection, the editorial was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Apr. 4, 2005]

                          Guns for Terrorists

       If a background check shows that you are an undocumented 
     immigrant, federal law bars you from buying a gun. If the 
     same check shows that you have ties to Al Qaeda, you are free 
     to buy an AK-47. That is the absurd state of the nation's gun 
     laws, and a recent government report revealed that terrorist 
     suspects are taking advantage of it. There are a few 
     promising signs, however, that the federal government is 
     considering injecting some sanity into policies on terror 
     suspects and guns.
       The Government Accountability Office examined F.B.I. and 
     state background checks for gun sales during a five-month 
     period last year. It found 44 checks in which the prospective 
     buyer turned up on a government terrorist watch list. A few 
     of these prospective buyers were denied guns for other 
     disqualifying factors, like a felony conviction or illegal 
     immigration status. But 35 of the 44 people on the watch 
     lists were able to buy guns.
       The encouraging news is that the G.A.O. report may be 
     prodding Washington to act. The F.B.I. director, Robert 
     Mueller III, has announced that he is forming a study group 
     to review gun sales to terror suspects. In a letter to 
     Senator Frank Lautenberg, the New Jersey Democrat, Mr. 
     Mueller said that the new working group would review the 
     national background check system in light of the report. We 
     hope this group will take a strong stand in favor of changes 
     in the law to deny guns to terror suspects.
       In the meantime, Senator Lautenberg is pushing for 
     important reforms. He has asked the Justice Department to 
     consider making presence on a terrorist watch list a 
     disqualifying factor for gun purchases. And he wants to force 
     gun sellers to keep better records. Under a recent law, 
     records of gun purchases must be destroyed after 24 hours, 
     eliminating important information for law enforcement. 
     Senator Lautenberg wants to require that these records be 
     kept for at least 10 years for buyers on terrorist watch 
     lists.
       Keeping terror suspects from buying guns seems like an 
     issue the entire nation can rally around. But the National 
     Rifle Association is, as usual, fighting even the most 
     reasonable regulation of gun purchases. After the G.A.O. 
     report came out, Wayne LaPierre, the N.R.A.'s executive vice 
     president, took to the airwaves to reiterate his group's 
     commitment to ensuring that every citizen has access to guns, 
     and to cast doubt on the reliability of terrorist watch 
     lists.
       Unfortunately, the N.R.A.--rather than the national 
     interest--is too often the driving force on gun policy in 
     Congress, particularly since last November's election. Even 
     after the G.A.O.'s disturbing revelations, the Senate has 
     continued its work on a dangerous bill to insulate 
     manufacturers and sellers from liability when guns harm 
     people. If it passes, as seems increasingly likely, it will 
     remove any fear a seller might have of being held legally 
     responsible if he provides a gun used in a terrorist attack.

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