MAYORS AGAINST ILLEGAL GUNS HAILS INTRODUCTION OF LEGISLATION TO ACHIEVE COMMON SENSE AGENDA TO FIX THE BROKEN BACKGROUND CHECK SYSTEM

Legislation Now Introduced on All Four Parts of Mayors' Agenda Unveiled at Coalition's National Summit

New Bills Would Require Background Checks for Gun Store Employees and Prevent Lawbreaking Dealers from Selling Off Hundreds of Guns Without Background Checks

The bi-partisan coalition of Mayors Against Illegal Guns today announced the introduction of HR 6676 and HR 6664, bills that achieve two of the four components of the coalition's common sense agenda to fix the broken background check system. HR 6676, introduced by Rep. Carolyn McCarthy (D-NY), requires background checks for all gun store employees; and HR 6664, introduced by Rep. Mark Kirk (R-IL), stops gun dealers who lose their licenses from selling their remaining inventory without conducting background checks. The common sense federal legislative agenda was launched in April by the over 325 members of Mayors Against Illegal Guns, a coalition co-chaired by New York Mayor Michael R. Bloomberg and Boston Mayor Thomas M. Menino.

"Public schools do not hire sex offenders as teachers, and pharmacies do not hire drug dealing felons as pharmacists - yet under current law gun dealers don't need to do a background check to see if their employees are violent felons," said Mayor Bloomberg. "At the same time, pharmacists who lose their licenses can't sell prescription drugs to people without prescriptions, yet gun dealers who lose their licenses can sell off their inventory - without even conducting background checks. Thanks to Representatives McCarthy and Kirk, there are now bills introduced in Congress to fix these problems, as well as two other glaring gaps in the federal background check system identified by our coalition of Mayors Against Illegal Guns."

"In April, Mayor Bloomberg and I asked the Congressional Task Force on Illegal Guns to take action on the common sense agenda of America's mayors to close these dangerous and irresponsible loopholes," said Mayor Menino. "Illegal guns represent a public safety threat, and there is no reason why we should not hold gun dealers to the same high standards that we hold other professionals who deal in potentially harmful products. I congratulate Representatives McCarthy and Kirk for taking a positive first step to regulating those who deal firearms. Their reasonable and responsible pieces of legislation create the opportunity to fix two major loopholes in a broken system."

The bill introduced by Rep. McCarthy tightens the criminal background check system by requiring background checks for all gun store employees and dealers. These background checks would be the same ones performed on gun buyers, conducted through the National Instant Criminal Background Check System (NICS). Federal law clearly prohibits felons, domestic violence misdemeanants, and other persons from possessing or transferring a firearm. However, there is no current requirement that federally licensed gun dealers perform criminal background checks on employees to determine whether they are persons prohibited from possessing guns.

"We need to make sure that we keep guns out of the hands of the people that can do the most harm with them," said Rep. McCarthy. "Specifically, if it has been determined that someone does not have the right to legally own a gun because of a previous criminal conviction or having been adjudicated as mentally ill, we need to make sure that they are not a part of the gun sale process at any point. This bill will make it harder for the wrong people to get their hands on guns and will keep our communities safer."

The bill introduced by Rep. Kirk, and co-sponsored by Representatives Charles Rangel (D-NY), Chris Shays (R-CT.), McCarthy and Mike Castle (R-DE), closes the "fire sale" loophole that allows gun dealers to sell off their inventory without background checks if their firearm distribution license is revoked. Under current law, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issues federal firearms licenses to qualifying gun dealers, which are required to conduct background checks on potential buyers. But due to the fire sale loophole, after a license is revoked, dealers have been permitted to sell excess inventory as a "private seller" without conducting any background checks.

"If a gun dealer loses its federal firearms license, we should be more vigilant about the connection to criminal activity - not turn a blind eye and open the floodgates of guns on our streets," said Rep. Kirk, co-chair of the Congressional Task Force on Illegal Guns. "We should not give a pass those who would arm violent gang members and threaten the safety of our communities. In the northern suburbs of Illinois, there are now more than 2,000 documented drug gang members. Through ATF trace data, we clearly see a relationship between these gangs and certain gun shops. By closing the fire sale loophole, we'll prevent those gun dealers who flaunt our laws from arming violent drug gangs that threaten the safety of law enforcement and our communities. I'm honored to have the backing of Mayor Bloomberg and the Mayors Against Illegal Guns coalition for this vitally important common-sense legislation."

One of the most alarming examples of the fire sale loophole is the case of Valley Gun Shop in Parkville, Maryland. Valley Gun was linked to 483 crime gun traces from 1996 and 2000 and had more than 900 violations of federal gun laws filed against the store. The dealer also could not account for hundreds of missing assault weapons, pistols and shotguns. The ATF revoked Valley Gun's FFL in 2005. However, due to the fire sale loophole this dealer was able to sell hundreds of guns in his remaining inventory without conducting criminal background checks.

The two other components of the Mayors Against Illegal Guns common sense agenda to fix the broken background check system are:

1. Closing the "gun-show loophole," which allows criminals to avoid background checks at gun shows by purchasing guns from unlicensed sellers (HR 96/S.2577); and
2. Closing the "Terror Gap" to prevent individuals on terror watch lists from purchasing firearms (HR 2074/S.1237).