The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“BACKGROUND CHECKS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S5073 on April 25, 2007.
The publication is reproduced in full below:
BACKGROUND CHECKS
Mr. LEVIN. Mr. President, the Brady law requires prospective gun purchasers to undergo a criminal background check before they are able to obtain a firearm from a federally licensed firearm dealer. It was created to prevent felons, fugitives, domestic abusers, and other prohibited persons from gaining access to guns. However, there are significant holes in this legislation that permit exploitation by those who wish to avoid criminal background checks and still obtain guns.
In 1993, President Clinton signed the Brady bill into law. This law required a waiting period for handgun sales until records were available to instantly check criminal background of prospective gun purchasers. Once the National Instant Check System, NICS, became operational in 1998, the Justice Department maintained background check records on approved purchases for 6 months in order to ensure that felons and other prohibited buyers were not mistakenly approved. In 2001, the Justice Department shortened this record retention period to 90 days, the actual amount of time it takes to ensure proper audits of NICS.
Under the Bush administration, however, Attorney General John Ashcroft sought to require the records of approved purchasers to be destroyed 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. It 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.'' The GAO warned that a corrupt dealer could provide the FBI with a different name than that of the actual buyer to obtain approval for the name of the false purchaser and then proceed with the sale to the actual prohibited buyer. Such a scheme would be nearly impossible to detect with background check records destroyed before the ATF could audit the dealer. Citing his concern about the privacy of gun owners, Attorney General Ashcroft ignored the GAO report and the 24-hour record-destruction provision went into effect.
Another loophole in the law is that it applies only to sales by licensed gun dealers, not to private transfers between unlicensed persons. Approximately 40 percent of gun sales are between private persons, such as at gun shows. Only six 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 countless guns for sale with no questions asked. People 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.
Between the enactment in 1993 and 2005, the Brady Act has prevented approximately 1.4 million convicted felons and other prohibited persons from buying guns from licensed retail dealers. Without NICS records, law enforcement officers do not have the opportunity to retrieve a mistakenly sold gun in order to protect against its use in a crime. I urge my colleagues to pass commonsense gun regulations which would put an end to these gaping holes in our gun laws.
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