Gabby Giffords & Mark Kelly Call on the U.S. Senate to Vote to Close Gun Law Loopholes, Reject Gun Lobby-Backed Proposals

June 19, 2016

June 20, 2016 – Following our nation’s deadliest mass shooting, former Congresswoman Gabrielle Giffords and Navy combat veteran and retired NASA astronaut Capt. Mark Kelly, the Co-Founders of the gun violence prevention organization Americans for Responsible Solutions, today called on the U.S. Senate to vote to close the loopholes in our guns laws, help keep guns out of the wrong hands and save lives.

The Senate will vote tonight on two gun safety proposals, including legislation by California Senator Diane Feinstein to close the loopholes that known and suspected terrorists legally buy guns, and a proposal by Senator Chris Murphy to close background check loopholes and require background checks for all gun sales. Congresswoman Giffords and Captain Kelly’s statement:

“Tonight the United States Senate will have the opportunity to break the gun lobby’s grip and to do the responsible thing: close the loopholes in our laws that let terror suspects, felons, and domestic abusers have easy access to firearms,” said Congresswoman Giffords and Captain Kelly. “In wake of the deadliest mass shooting in our nation’s history and with our national gun violence raging, we urge the members of the Senate – Republicans and Democrats – to do the responsible thing. The American people will soon learn whether their elected leaders in the Senate are on the side of the corporate gun lobby or the vast majority of Americans – including gun owners like us – who support responsible measures to help keep guns out of dangerous hands. We, along with nearly one million Americans for Responsible Solutions supporters across our country, will be paying close attention to how each and every Senator votes. After all, lives are at stake.”

ABOUT THE GUN BILLS BEFORE THE SENATE TONIGHT

Closing the “Terror Gap”: Senator Dianne Feinstein (CA) Amendment #4720

Under current law, the Department of Justice lacks the authority to deny gun purchases to known or suspected terrorists. According to Government Accountability Office (GAO), this had led to over 2,000 instances where suspected terrorists attempted to purchase firearms between 2004-2014, and 91% of the time, they succeeded;
This amendment closes the “terror gap” by giving the Attorney General the ability to deny a gun transfer to a known or suspected terrorist when that individual presents a threat to public safety and there is reasonable suspicion to believe the person has been engaged in terrorist activity;
The amendment would prevent known or suspected terrorists from acquiring firearms or explosives and would also prevent them from receiving various licenses or permits to buy, sell, manufacture, and import firearms and explosives;
This amendment is consistent with the due process afforded to other gun purchasers whose transactions are denied;
The amendment allows the Attorney General to develop procedures to protect classified information and requires the Attorney General to be notified when a person investigated for terrorism within the past five years attempts to purchase a gun;
This amendment is supported by the Department of Justice, the Federal Bureau of Investigation (FBI) and major law enforcement organizations.

Closing Loopholes in Our Gun Background Check Laws: Senator Chris Murphy (CT) Amendment #4750

This amendment, also known as the Fix Gun Checks Act of 2016, would require background checks on all gun sales;
It is estimated that up to 40% of gun transfers occur through unlicensed sellers without a background check – this amendment would close this gaping loophole and prevent prohibited purchasers like convicted felons and domestic abusers from purchasing guns;
This amendment also strengthens the National Instant Criminal Background Check System (NICS) by requiring the Attorney General to work with states to develop individual 4-year plans and benchmarks to ensure that records are submitted to NICS;
The Attorney General would incentivize compliance and hold states accountable for failing to meet these benchmarks by reducing federal criminal justice grants to non-compliant states;
This amendment requires gun owners to report to law enforcement if their guns are lost or stolen;
Finally, this amendment requires federal agencies to certify to the Attorney General that they have submitted all relevant records to the NICS database.

The Gun Lobby’s Plan to Weaken the Background Check System: Senator Chuck Grassley (IA) Amendment #4751

Under current law, prohibited purchasers like domestic abusers and convicted felons can skirt the background check system by purchasing guns through unlicensed sellers without a background check.
This gun lobby-backed amendment does nothing to close this dangerous loophole; it does not hold states accountable for withholding records from the National Instant Criminal Background Check System (NICS). Instead, this amendment weakens current law and does not force states to comply with established standards to receive grant funding;
This amendment would allow gun purchases and possession by many potentially dangerously mentally ill Americans who are currently prohibited from purchasing or possessing a gun, including some people who have been recently released from mental institutions;
This amendment creates a process for law enforcement to be notified when someone being investigated or who has been investigated for terrorism in the past five years attempts to buy a firearm, but does nothing to stop the sale.

The Gun Lobby’s Unworkable “Terror Gap” Legislation (Senator John Cornyn (TX) Amendment #4749

This amendment being supported by the gun lobby would not close the “terror gap” that currently allows known and suspected terrorists to legally buy guns and explosives. Instead, it creates a burdensome process with high standards to be completed in an unreasonably short period of time;
This amendment authorizes the Attorney General to delay the transfer of a gun or explosive for just three business days to individuals who are or have been investigated as a known or suspected terrorist in the previous five years;
This amendment places unrealistic demands on our courts and law enforcement and would allow many suspected terrorists to receive firearms or explosives by default after three days;
To keep a known or suspected terrorist from acquiring a firearm or explosive by default after three days, the Attorney General would have to file a petition in federal court, the court would have to schedule a hearing and provide the suspect actual notice and the opportunity to appear with counsel, and the court would have to rule on the petition – all within three business days of the attempted transfer. The suspected terrorist could too easily run out the clock by avoiding or delaying receipt of notice of the court hearing;
Even if the court manages to consider all necessary evidence in time, the court could only prevent the firearm or explosives transfer if it finds “probable cause” that the person has committed or will commit an act of terrorism, meaning it could only deny a firearm to a suspected terrorist if the court found sufficient evidence to arrest that person for terrorist activity. This standard would likely have been too high to prevent the Orlando shooter from acquiring firearms or explosives even when he appeared on the FBI’s terror watchlists;
Finally, this amendment would do nothing to prevent known and suspected terrorists from receiving various licenses and permits to buy, sell, manufacture, and import firearms or explosives.