[Congressional Record (Bound Edition), Volume 152 (2006), Part 8]
[House]
[Pages 11262-11263]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      THE WAR IN THE UNITED STATES

  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, you have heard many of my colleagues talk 
about the debate tomorrow on Iraq and the war that we are facing. We 
also have a war going on in this country that unfortunately is very 
quiet, and that is the shooting and killing of people throughout this 
country.
  Most people don't realize how many people die on a yearly basis 
because each newspaper reports it but we don't hear all that 
information nationwide. There are answers on how we can get there to 
stop this kind of killing.
  Last month the House Judiciary Committee Subcommittee on Crime, 
Terrorism and Homeland Security approved my bill, H.R. 1415, the NICS 
Improvement Act.

[[Page 11263]]



                              {time}  1830

  This is a bill that would increase the effectiveness of the existing 
national instant criminal background check system, the database used to 
check potential firearms buyers for any criminal record or any other 
disqualifying criteria. Hopefully, the whole committee will take up 
this important piece of legislation soon so it can pass both Houses 
before the 109th Congress adjourns.
  Overall, NICS has been a very good success. Since 1994 more than 1.2 
million individuals have been denied a gun because of a failed 
background check. NICS also provides the vast majority of honest gun 
sellers with peace of mind in knowing they are selling their products 
to citizens who will use them safely and legally.
  However, the NICS system is only as good as the information it 
contains. And, unfortunately, many States do not have the resources 
necessary to enter all of their disqualifying criteria into the NICS 
system. The end result is that felons and others who are not permitted 
by existing law to buy guns are passing background checks and buying 
guns through legitimate means.
  In fact, 28 States have automated less than 75 percent of their 
criminal history records. In 15 States, domestic violence restraining 
orders, which are a disqualifying offense, are not accessible through 
the NICS system.
  These and other loopholes, of course, have cost people their lives, 
including two of my constituents. On March 8, 2002, Peter Troy 
purchased a .22 caliber semiautomatic rifle from a legitimate gun 
dealer in New York. He had a history of mental health problems, and his 
own mother had a restraining order against him as the result of his 
violent background. Mental adjudication and a restraining order are 
both NICS disqualifying issues. Yet Peter Troy's NICS background check 
turned up no red flags. It was illegal for him to purchase a gun, but 
like so many others, he simply slipped through the cracks in the NICS 
system because of lack information.
  Four days later Peter Troy walked into Our Lady of Peace Church in 
Lynbrook, New York, my district, and killed two of my constituents.
  Peter Troy had no business buying a gun, and the system created to 
prevent him from doing so simply failed. It is only a matter of time 
before the system's failings provoke larger tragedies. We must improve 
the NICS system and allow it to do what it was designed to do.
  The responsibility for the accuracy and the effectiveness of the NICS 
system ultimately belongs to the States. However, many States' budgets 
are already overburdened. This legislation would provide grants to 
States and update the NICS system. States would be able to update their 
NICS database to include felons, domestic abusers, and others not 
legally qualified to buy a gun. The bill's goal is to have 50 States 
enter at least 90 percent of their disqualifying information into NICS. 
States that do not comply or fall short of these goals will be 
penalized with a 5 percent reduction of their Federal Department of 
Justice grant allocations.
  Also, the bill would provide grants for State courts to promptly 
enter information into the NICS system. For example, when someone is 
served with a restraining order stemming from domestic violence, an 
inefficient NICS system allows him or her to leave the courthouse and 
head right to the gun store. My bill would make sure all relevant court 
records are entered into the NICS before a crime of passion can be 
committed.
  It is important to keep in mind that this bill does not infringe on 
anyone's second amendment rights, which I support. It creates no new 
gun laws. It simply enforces the laws that are on the books. If H.R. 
1415 becomes law, law-abiding citizens who want to buy a gun legally 
will not experience any delay at the point of purchase.
  And this bill proposes no new burdens on gun sellers. In fact, I 
introduced this bill in 2002 and it was passed here in the House.
  I am hoping that we can pass this bill rapidly. We have the 
opportunity to stop this small war in this country, and we can save 
lives, which is the most important thing.

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