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“THE WAR IN THE UNITED STATES” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H3979-H3980 on June 14, 2006.
The publication is reproduced in full below:
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.
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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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