Americans for Responsible Solutions Responds to Senator Marco Rubio’s Introduction of Gun Lobby-Backed Legislation That Fails to Keep Guns Out of the Hands of Terror Suspects
September 15, 2016— Americans for Responsible Solutions, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and Navy combat veteran and NASA astronaut Captain Mark Kelly, today issued the below statement following Senator Marco Rubio’s introduction of gun lobby-backed legislation, the Terror Intelligence Improvement Act of 2016, which fails to keep guns out of the hands of terror suspects.
“Throughout his career of running for president, Senator Rubio has done the Washington gun lobby’s bidding. In the wake of the tragedy at Pulse nightclub, Senator Rubio voted against a bipartisan plan to close the dangerous terror gap, and supported the gun lobby-backed plans that don’t do nearly enough to keep guns out of the wrong hands. His new bill is just more of the same: an ineffective, gun lobby-backed plan that is simply a cynical attempt to mislead Floridians into thinking Senator Rubio has actually done something on reducing gun violence – which he hasn’t,” said Peter Ambler, Executive Director of Americans for Responsible Solutions. “The 33,000 Americans lost to gun violence each year is devastating, but our leaders’ inaction is a tragedy in its own right. They must do more to protect the lives of the people they were elected to represent. The people of Florida have had enough, and this November, they will not forget Senator Rubio’s failure to stand up to the Washington lobby.”
ABOUT MARCO RUBIO’S GUN LOBBY-BACKED BILL
- This bill would not close the “terror gap” that currently allows known and suspected terrorists to legally buy guns and explosives. Instead, it creates an impossibly burdensome process to be completed in an unreasonably short period of time;
- This bill authorizes the Attorney General to delay the transfer of a gun or explosive for just three business days to individuals who have been the subject of a terrorism investigation by the federal government in the previous ten years;
- This bill 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 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;
- Finally, if the emergency petition is denied, the federal government is responsible for paying “reasonable costs” and attorney’s fees to the suspected terrorist.
BACKGROUND ON THE TERROR GAP IN OUR FEDERAL GUN LAWS
Loopholes in Federal Law Enables Individuals on the FBI’s Terror Watch List to Legally Buy Guns. Current federal law prohibits the purchase and possession of firearms by people who fall within nine categories, including felons, domestic abusers, and individuals who have been adjudicated mentally ill. But federal law does not currently prohibit individuals on the Federal Bureau of Investigation’s terror watch list from passing a background check and legally buying guns. Between February 2004 and December 2014, individuals on the terrorist watch list were able to buy firearms 2,043 times. [Government Accountability Office] In 2015, known or suspected terrorists underwent background checks to purchase firearms 244 times — and 223 of those transactions, or 91%, were allowed to proceed. [ CNN ]
The Vast Majority of Gun Owners and NRA Members Support Closing the Terror Gap. According to research conducted by the New England Journal of Medicine, 82 percent of gun owners and 75 percent of NRA members support closing the terror gap. [New England Journal of Medicine]
Support for Closing the Terror Gap Extends Across Party Lines – Includes Former President George W. Bush. Those who have supported closing this loophole include: President George W. Bush, Former FBI Director Robert Mueller, Former Attorney General Alberto Gonzales, 9/11 Commission Chairman Thomas Kean, Former New York Police Commissioner Ray Kelly and the International Association of Police Chiefs.