[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[House]
[Page 11756]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        THE NICS IMPROVEMENT ACT

  The SPEAKER pro tempore (Mr. Mack). Under a previous order of the 
House, the gentlewoman from New York (Mrs. McCarthy) is recognized for 
5 minutes.
  Mrs. McCARTHY of New York. Mr. Speaker, the NICS system, the National 
Instant Criminal Background Check System, is the database used to check 
potential firearm buyers for any criminal record or history of mental 
illness.
  In large part, NICS has been a success. Since 1994, more than 700,000 
individuals were denied a gun for failing the background check. 
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 turn up 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 
served with a restraining order. Thirty-three States have not automated 
or do not share mental health records that could disqualify certain 
individuals from buying a gun.
  Sadly, this particular loophole in the NICS system cost two of my 
constituents their lives. On March 8, 2002, Peter Troy purchased a .22 
caliber semiautomatic rifle. He had a history of mental health 
problems, and his own mother had a restraining order against him as a 
result of his violent background. It was illegal for him to purchase a 
gun; but like so many others, he simply slipped through the cracks of 
the NICS system. Four days later, Peter Troy walked into Our Lady of 
Peace Church in Lynbrook, New York, opened fire, and killed the 
Reverend Lawrence Penzes and Eileen Tosner.
  Peter Troy had no business buying a gun, and the system created to 
prevent him from doing so failed. It is only a matter of time before 
the system's failings provoke larger tragedies. We must fix the NICS 
system now.
  While we lay the responsibility for the NICS system on the States, 
many State budgets are already overburdened, which is why I introduced 
H.R. 1415, the NICS Improvement Act. This legislation would provide 
grants to States to update the NICS system. States would be able to 
update the NICS databases to include felons, people with certain mental 
and emotional disabilities, and domestic abusers. It is actually 
enforcing the 1962 gun control law.
  We need the NICS Improvement Act to become law, and we need more 
bills like this to be passed. These are ideas that impose no new 
restrictions on gun owners, but give the government the tools to ensure 
existing laws are effective and enforceable.
  In fact, the NICS Improvement Act already passed the House in the 
107th Congress by a voice vote. The bill had the endorsement of the 
National Rifle Association. Unfortunately, the other body never acted 
on the bill.
  This is commonsense gun legislation we can all agree on. This bill 
will save lives while not infringing on anybody's second amendment 
rights.
  Mr. Speaker, I call on the Congress to act quickly on H.R. 1415. If 
we can prevent a tragedy like the one that occurred at the Our Lady of 
Peace Church with a simple voice vote, why should we not do it right 
away?

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