[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[House]
[Page 2228]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                  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, the clock is ticking on the 109th 
Congress and still we have done nothing to stop illegal guns from 
getting into the hands of criminals.
  I am not proposing anything new about laws or a ban on certain 
weapons, but helping our States enforce the current law that prevents 
criminals from buying guns.
  NICS, the National Instant Criminal Background Check System, is the 
database used to check potential firearms buyers for any criminal 
record or history of mental illness. In large, NICS has been a success. 
Since 1994 more than 700,000 individuals were denied a gun for failing 
a background check. The background check goes back to the 1968 Gun 
Control Act, and that would basically be what we are enforcing.
  However, the NICS system is only as good as the information that the 
States provide. Twenty-five States have automated less than 60 percent 
of their felony convictions into the NICS system. That means that 40 
percent of people are not in the system that should be denied guns. 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 necessarily 
put into 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 would disqualify certain individuals from purchasing 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 semi-automatic 
rifle. He had a history of mental health problems, and his own mother 
had a restraining order against him as a result of his violence. It was 
illegal for him to purchase a gun, but like so many others, he simply 
slipped through the cracks in the NICS system. Four days later Peter 
Troy walked into our Lady of Peace Church in Lynbrook, New York, opened 
fire and killed 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.

                              {time}  1945

  It is only a matter of time before the system's failings provide 
larger tragedies. We must fix the NICS system. While we lay the 
responsibility for the NICS system on the States, many of our States' 
budgets are already overburdened and will have even fewer resources if 
the President's budget passes as is intact, which is why I introduced 
H.R. 1415, the NICS Improvement Act.
  This legislation will provide grants to States to update the NICS 
system. States would be able to update their NICS database to include 
felons, people with certain mental and emotional disabilities, and 
domestic abusers. We need the NICS Improvement Act to become law, and 
we need more bills like this to pass. These are ideas that impose no 
new restrictions open gun owners, but give the government the tools to 
ensure existing laws are enforced. In fact, the NICS Improvement Act 
already passed this House in the 107th Congress by a voice vote. It 
came through the Judiciary Committee with no dissenting votes. The bill 
had the endorsement of the National Rifle Association. Unfortunately, 
the other body never acted upon 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 Congress to act quickly on H.R. 1415. We can 
prevent tragedies throughout this Nation. Certainly we hear the NRA 
talking all the time about enforcing the laws on the books. We can do 
this if we enforce the laws on the books. If we bring up the NICS 
system the way it is supposed to be, we can save lives.
  One thing that people don't talk about, with the injuries and the 
deaths that we see in this Nation from daily gun violence, it is 
costing our medical system, our health care system over $2 billion a 
year. That is money that can certainly be better spent on other health 
care issues.
  Mr. Speaker, I am hoping that the House will see its way to take this 
important information, bring the NICS system up to where it should be, 
and let us save lives.

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