WASHINGTON, D.C. (Press Release) — U.S. Senator Charles E. Schumer called on Monday, March 2, for passage of new legislation, the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 (S.551), that would give the Department of Justice authority to prevent a known or suspected terrorist from buying firearms or explosives.
Schumer highlighted that this week’s arrests of three men plotting to travel overseas to commit terror on behalf of ISIS mark the first terrorism charges of their kind being brought against someone in New York City. With the rising risk of domestic terror threats, highlighted by FBI Director Comey’s revelation that, “I have homegrown violent extremist investigations in every single state,” Schumer said that those on the terrorist watch list, which prevents individuals from flying on airplanes into and out of the United States, should not be permitted to purchase firearms and explosives.
“The threat of domestic terrorism has again landed on New York City’s doorstep, and it’s critical that we stand up to the NRA and prevent suspected terrorists from purchasing explosives and firearms in the United States,” said Schumer. “While the federal NICS database currently aims to prevent certain at-risk individuals from purchasing guns, like criminals and the mentally ill, it is shocking that known or suspected terrorists are not included. As the risk of domestic and international terrorism attacks rise, we must empower the Department of Justice to prevent anyone on a terrorist watch list from being able to purchase guns and explosives that can be used to harm Americans and our allies.”
The Department of Justice under President George W. Bush initially proposed the legislation in 2007. In response to a question from Senator Feinstein, Attorney General Eric Holder testified at a 2009 Judiciary Committee hearing that the Obama Administration also supported the legislation.
Schumer continued, “The fact that a person on terror watch list can saunter up to a sporting goods counter and purchase a cache of weapons capable of causing immense death and destruction just boggles the mind. Slamming shut this appalling loophole ought to be a no-brainer.”
According to information prepared by the Government Accountability Office, individuals on the consolidated terrorist watch list, which includes the no-fly list, cleared a background check for a gun transaction in 94 percent of attempted transactions in 2013 and 2014 (455 out of 486 times).
Between February 2004 and December 2014, individuals on the consolidated terrorist watch list cleared a background check in 91 percent of attempted transactions (2,043 of 2,233 times), according to GAO data.
NICS Firearm-Related Background Checks Involving Individuals on the Terrorist Watchlist, Calendar Years 2013 and 2014
Calendar year Valid matches Denied Allowed to proceed
2013 256 16 240
2014 229 14 215
The Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 authored by Senator Feinstein would:
* Allow the attorney general to deny the purchase or transfer of a firearm or explosive to a known or suspected terrorist if the prospective recipient may use the firearm or explosive in connection with terrorism.
*Maintain protections in current law that allow a person who believes he has been mistakenly prevented from buying a firearm to learn of the reason for the denial, and then to challenge the denial, first administratively with the Department of Justice, and then through a lawsuit against the Justice Department.
*Allow the Justice Department, in any administrative or court proceeding challenging the accuracy of a denied firearm or explosive transfer under the bill, to protect information that, if disclosed, would compromise national security.
Cosponsors (editor’s note: we are listing members of the Jewish community in boldface) include Senators Dianne Feinstein (D-CA), Sheldon Whitehouse (D-R.I.), Chuck Schumer (D-N.Y.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Barbara Boxer (D-Calif.), Jack Reed (D-R.I.), Bob Menendez (D-N.J.), Kirsten Gillibrand (D-N.Y.), Chris Murphy (D-Conn.), Elizabeth Warren (D-Mass.) and Edward Markey (D-Mass.). The House bill has 14 cosponsors, including Representative Pete King .
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Preceding provided by the office of Senator Charles Schumer of New York