*Lawmakers Look at Barring Persons on Watchlists From Buying Guns * **<http://www.hstoday.us/index2.php?option=com_content&task=view&id=13173&pop=1&page=0&Itemid=149#%23>
by Anthony L. Kimery Thursday, 06 May 2010 *Since 2004, 91 percent of transactions were allowed to proceed* At a Senate Committee on Homeland Security and Governmental Affairs hearing Wednesday, lawmakers heard compelling testimony for barring the sale of guns to *anyone* who is on a terrorist watchlist when there’s equally as compelling intelligence that they are a suspected or known terrorist. “This hearing on what Congress and the federal government can do to keep firearms out of the hands of terrorists was scheduled long ago, but its urgency has certainly been made clear by the events of the past four days,” stated Committee Chairman Joe Lieberman in referring to the arrest of Faisal Shahzad for the allegedly Al Qaeda-linked failed car bombing in Times Square. Although Shahzad wasn’t put on the terrorist No Fly and watchlists until after he’d been identified as the principal suspect sought in connection with the bomb-laden SUV parked in Times Square, the investigation disclosed that he’d earlier legally purchased a rifle from a legal dealer in Shelton, Connecticut. The gun was found in the car Shahzad used to drive to Kennedy Airport where he’d purchased a ticket to Dubai – intending to make his way to Pakistan – with cash. Shazad passed Connecticut’s 14-day waiting period for a criminal background check, authorities confirmed. According to Eileen Larence, director, homeland security and justice issues at the Government Accountability Office (GAO), in testimony before the Committee Wednesday, “from February 2004 through February 2010, FBI data show that individuals on the terrorist watchlist were involved in firearm or explosives background checks 1,228 times,” and that “1,119 (about 91 percent) of these transactions were allowed to proceed because no prohibiting information was found - such as felony convictions, illegal immigrant status, or other disqualifying factors - and 109 of the transactions were denied.” In May 2009, GAO had reported that from February 2004 through February 2009 a total of 963 background checks resulted in valid matches with individuals on the terrorist watchlist, and that of these transactions, approximately 90 percent (865 of 963) were allowed to proceed because the checks revealed no prohibiting information or other disqualifying factors. “Under current federal law,” Larence explained, “there is no basis to automatically prohibit a person from possessing firearms or explosives because the individual appears on the terrorist watchlist. Rather, there must be a disqualifying factor (i.e., prohibiting information) under federal or state law, such as a felony conviction or illegal immigration status.” Larence pointed out that “questions about how well the government is using and sharing terrorism-related information in order to identify potential threats that individuals may pose were also raised as a result of the November 2009 shootings at Fort Hood, Texas, and the December 25, 2009, attempted airline bombing.” In response to a recommendation in the January 2005 GAO report, “*Gun Control and Terrorism: FBI Could Better Manage Firearm-Related Background Checks Involving Terrorist Watch List Records*,” Larence stated “the FBI began processing all background checks involving the terrorist watchlist in July 2005 - including those generated via state operations - to ensure consistency in handling and ensure that relevant FBI components and field agents are contacted during the resolution of the checks so they can search for prohibiting information.” “Based on another recommendation in GAO’s 2005 report,” Larence told the Committee, “the FBI has taken actions to collect and analyze information from these background checks for counterterrorism purposes.” “For example,” Larence pointed out, “in April 2005, the FBI issued guidance to its field offices on the availability and use of information collected as a result of firearm and explosives background checks involving the terrorist watchlist. The guidance discusses the process for FBI field offices to work with FBI personnel who conduct the checks and the Bureau of Alcohol, Tobacco, Firearms and Explosives to obtain information about the checks, such as the purchaser’s residence address and the make, model, and serial number of any firearm purchased. The guidance states that any information that FBI field offices obtain related to these background checks can be shared with other counterterrorism and law enforcement agencies. The FBI is also preparing monthly reports on these checks that are disseminated throughout the FBI to support counterterrorism efforts.” In April 2007, the Department of Justice (DOJ) provided legislative language to Congress that would give the Attorney General discretionary authority to deny the transfer of firearms or the issuance of a firearm or explosives license or permit when a National Crime Information Center (NICS) database (which contains criminal justice information such as names of persons who have outstanding warrants, and applicable records from the Terrorist Screening Center’s consolidated terrorist screening database) background check reveals that the purchaser is a known or suspected “dangerous terrorist” and the Attorney General reasonably believes that the person may use a firearm or explosives in connection with terrorism. A related bill, H.R. 2159, the Denying Firearms and Explosives to Dangerous Terrorists Act of 2009, was introduced a year ago by New York Republican Rep. Peter King. It was referred to the Subcommittee on Crime, Terrorism, and Homeland Security last June. Sen. Frank Lautenberg, D-N.J., introduced companion legislation, S.1317, which has been referred to the Senate Judiciary Committee. But neither DOJ’s proposed legislative language nor the related bill include provisions for the development of guidelines further delineating the circumstances under which the Attorney General could exercise this authority. “In October 2007, we reported that agencies that use terrorist watch list records to screen for potential terrorists use applicable laws or other guidelines as a basis for determining what related actions to take, if any, such as the criteria that are used for determining which subjects of watch list records should be precluded from boarding an aircraft,” GAO stated in its May 2009 report, “*Firearm and Explosives Background Checks Involving Terrorist Watch List Records*.” “Further,” that report noted, “Homeland Security Presidential Directive 11 requires that terrorist watch list records be used in a manner that safeguards legal rights, including freedoms, civil liberties, and information privacy guaranteed by federal law. Guidelines delineating how the Attorney General could use any new authority would help DOJ and its component agencies provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the screening are being achieved, and [to] ensure that terrorist watchlist records are used in accordance with requirements outlined in the Presidential directive.” GAO reported that “in response to our questions, DOJ was noncommittal on whether it would develop guidelines if legislation providing the Attorney General with discretionary authority to deny firearms or explosives transactions involving subjects of terrorist watch list records was enacted.” Larence reiterated Wednesday that “GAO suggested that Congress consider including a provision in any relevant legislation that would require the Attorney General to establish such guidelines; and this provision was included in a subsequent legislative proposal.” “If Congress gives the Attorney General authority to deny firearms or explosives based on terrorist watchlist concerns,” Larence told lawmakers, “guidelines for making such denials would help to provide accountability for ensuring that the expected results of the background checks are being achieved. Guidelines would also help ensure that the watchlist is used in a manner that safeguards legal rights, including freedoms, civil liberties, and information privacy guaranteed by federal law and that its use is consistent with other screening processes. For example, criteria have been developed for determining when an individual should be denied the boarding of an aircraft.” “We simply are not doing all we can to stop terrorists from buying guns,” Lieberman said, adding “most Americans understand this has to change, and it can be done without compromising Second Amendment rights.” Lieberman said “our growing understanding of the plot to attack Times Square reminds us that Islamist extremists have declared war on America … In fact, they have attempted attacks on America more than a dozen times in just the last year. The only two since 9/11 that have been carried out and taken American lives were with firearms. “We know there are still far too many guns available to criminals who are determined to obtain them. The same is true for international terrorist organizations, which in all likelihood are plotting the next attack as we speak. This legislation would go a long way in stopping them from exploiting a dangerous loophole and succeeding in their mission. For that reason, I hope the congress will pass it without delay,” New York Police Commissioner Raymond Kelly told the Committee. Daniel Roberts, Assistant Director of the FBI’s Criminal Justice Information Services, didn’t specifically endorse the legislation, but went into considerable detail explaining how the NCIS background investigation process works in cases where a person is found on a terrorist watchlist. Aaron Titus, Privacy Director, Liberty Coalition, told the panel Wednesday “we are very alarmed at legislative attempts, though well-intentioned, which strip away individual Constitutional protections.” Titus said the pending legislation would “strip citizens of their enumerated Constitutional Right to Bear Arms without any meaningful due process,” and that it is “based on the assumption that all individuals on terrorist watch lists are terrorists. Unfortunately, the details of terror watch lists are kept secret within the Executive Branch, and it is impossible to tell whether the assumption is correct. If it is true, that is if each person on a terror watch list is really a dangerous terrorist as this bill suggests, then this committee should stop talking about taking away terrorists' guns, and start throwing each and every person on a terror watch list in jail, effective immediately -- Thanks for being part of "PoliticalForum" at Google Groups. 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