[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[Senate]
[Page 2881]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              GUN VIOLENCE

  Mr. LEVIN. Mr. President, unfortunately, history will record February 
2008 as a month in which contained six separate high-profile multiple 
murders by firearms occurred across the country. These shootings 
occurred in places normally considered safe, including Northern 
Illinois University, Louisiana Technical College, and a city council 
meeting inside Kirkwood City Hall. It appears there are few places 
where the dangers of gun violence can not reach. However, there are 
some actions we can take to help change this epidemic of gun violence.
  In 1993, President Clinton signed the Brady bill into law. This law 
requires a waiting period for handgun sales until records are available 
to instantly check criminal background of prospective gun purchasers. 
After the National Instant Check System, NICS, became operational in 
1998, the Justice Department maintained background check records on 
approved purchases for 6 months to ensure that felons and other 
prohibited buyers were not mistakenly approved. Under the Bush 
administration, however, Attorney General John Ashcroft sought to 
require the destruction of the records of approved purchasers within 24 
hours. In July 2002, the Government Accountability Office, GAO, issued 
a report on the potential effects of next-day destruction of NICS 
background check records. They concluded that destroying these records 
within 24 hours would prevent the government from auditing the NICS 
system to ensure its accuracy and ``would have public safety 
implications.'' Despite these GAO warnings, Attorney General Ashcroft 
decided to implement the 24-hour record destruction provision.
  The Brady bill only requires background checks for sales by licensed 
gun dealers. It does not require them for transfers between unlicensed 
persons. Approximately 40 percent of all gun sales involve those 
transfers, such as at gun shows. Only 6 States require background 
checks on all firearm sales. According to the ATF, almost one-third of 
trafficked guns are acquired at gun shows and flea markets. These 
gatherings present the perfect opportunity for unlicensed sellers to 
offer large numbers of guns for sale with no questions asked. Those who 
would not pass a background check in a licensed gun store are able to 
purchase as many guns as they wish at gun shows.
  In 1994, President Clinton signed legislation into law that banned 
the production of certain semiautomatic assault weapons and high-
capacity ammunition magazines. Among the banned items was a list of 19 
specific weapons as well as a number of other weapons incorporating 
certain design characteristics such as pistol grips, folding stocks, 
bayonet mounts, and flash suppressors. The 1994 assault weapons ban 
prohibited the manufacture of semiautomatic weapons that incorporate at 
least two of these military features and accept a detachable magazine. 
In 2004, when the assault weapons ban expired, despite the overwhelming 
support of the law enforcement community, the ongoing threat of 
terrorism, and bipartisan support in the Senate. Sadly, the tragedies 
at both Virginia Tech and Northern Illinois University were inflicted 
by someone using previously banned high capacity ammunition magazines.
  On average, 32 people are murdered in this country by firearms every 
day. By instituting such simple changes in current law, addressing the 
gun show loophole and passing a new assault weapons ban, we could help 
reduce the likelihood of such tragedies occurring.

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