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Six years after 9/11, the federal government can stop suspects on terror watch lists from getting on airplanes, but it can't stop them from buying firearms. Last year, the Bush Administration endorsed a bill that will close the terror gap (S.1237/H.R.2074). Congress should make it law this year.
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COMMON-SENSE PROPOSAL:
CLOSING THE TERROR GAP IN GUN BACKGROUND CHECKS
WHAT IS THE TERROR GAP? Under current federal law, the FBI has no authority to block sales of firearms to terror suspects. After 9/11, it makes no sense that the federal government can't stop gun sales to some of the same people it thinks are too dangerous to get on a plane.
- A glaring gap in federal background checks: Right now federal law prohibits nine categories of dangerous persons from purchasing or possessing firearms. Remarkably, persons on the terror watch lists are not among these prohibited purchasers.
EXAMPLES OF THE TERROR GAP:
- Purchases documented by GAO report: Gun purchases by terrorist suspects are documented in a 2005 GAO report that concluded that DOJ was not using the watchlists adequately.
- The GAO report indicated people on a terrorist watch list had tried to buy guns 58 times and succeeded 47 times over a nine-month period (February - October 2004).
- Use of guns in terrorist incidents:
- Halberstam murder. On
March 1, 1994, Rashid Baz shot and killed 16-year old Ari Halberstam on an
on-ramp to the Brooklyn Bridge. Baz was armed with a machine gun, a 9 mm
pistol, and a "street sweeper" shotgun.
- Kahane murder. On
November 5, 1990 in a Manhattan hotel, El Sayed A. Nosair assassinated Rabbi
Meir Kahane with a .357 revolver. Nosair was linked to the perpetrators of
the 1993 World Trade Center bombing.
- Empire State Building murders. On February 23, 1997, Ali Abu Kamal opened fire on the
observation deck of the Empire State Building with a handgun purchased in
Florida, killing one tourist and wounding six before killing himself. A note
found in his pocket expressed hatred for the United States, Great Britain,
Israel, and France.
- Fort Dix plot. In the summer of 2007, six terror suspects were arrested for plotting an attack on Fort Dix after trying to buy an assortment of M-16s, AK-47s, and handguns from a government informant.
SOLUTIONS:
Bills to close the terror gap are pending in both houses of Congress.
- The Lautenberg - King bill (S. 1237 / H.R. 2074): Gives DOJ discretion to block sales to persons identified as terror suspects.
- DOJ would have discretion to allow particular gun
purchases by suspects to proceed so as not to tip off the suspect.
- These DOJ determinations would be subject to
judicial review.
- Once DOJ made such a determination, the buyer could not:
- Purchase a gun, because they would fail instant
background checks;
- Possess a gun, if they knew about the
determination;
- Hold a license to deal guns; or
- Receive or possess explosives or work for a licensed explosives dealer.
- The Bush Administration and its Justice Department
support the bill.
- The House anti-gang bill (H.R. 3547): A bipartisan anti-gang bill now pending in the House also includes similar provisions to close the terror gap.
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Learn more about the Lautenberg-King bill:
Read the Coalition's letter to Congress endorsing Terror Gap federal legislation
Read a GAO study on the sale of guns to terrorists
Read letters from the Department of Justice in support of the Lautenberg-King bill
Read the full text of the Lautenberg-King bill
Visit Senator Lautenberg's website for more information
Read the press release from the Coalition's September 17, 2007 event
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