Washington,
D.C.
–U.S. Senator Pat Toomey (R-Pa.) joined a bipartisan group of his colleagues in
reintroducing gun safety legislation that will help states enforce existing
laws against individuals who attempt to purchase firearms by lying on their
background checks. The
NICS Denial Notification Act would require federal authorities to alert
state and local law enforcement within 24 hours when an ineligible individual
tries to purchase a firearm and fails a background check, which can be a
warning sign of future criminal behavior.
“When
a convicted felon lies about his criminal record while attempting to purchase a
gun, he is committing a new felony. This happens regularly in America, and is a
crime that largely goes unprosecuted,” said Senator Toomey. “The NICS
Denial Notification Act makes progress on gun safety while respecting the
rights of law-abiding gun owners, and will help make our communities safer by
better enforcing existing gun laws and responding to warning signs of criminal
behavior.”
The
bill was introduced by Senators Chris Coons (D-Del.) and John Cornyn (R-Texas).
“We
have seen too many tragic instances where an individual who should not have
been able to obtain a gun used a firearm to commit horrible acts of violence,” said
Senator Coons. “Gun violence continues to plague our communities in
Delaware and across the country, and the NICS Denial Notification Act is one
commonsense step in the effort to prevent these terrible crimes. Ensuring that
federal and state law enforcement work together to stop those who are
prohibited from buying a gun from getting one will help make our neighborhoods
safer. This is exactly the sort of bipartisan step Congress should be able to
support.”
“After
the tragic shooting in Sutherland Springs, Texas, I worked across the aisle to
pass the FIX NICS Act, a critical piece of legislation to help close the gaps
in the criminal background check system, but there is still work to be done,” said
Senator Cornyn. “This legislation would ensure that when a prohibited
person attempts to purchase a firearm, state and local law enforcement are
alerted to further protect our communities.”
Federal
officials are notified when individuals who are legally prohibited from
purchasing a firearm (such as convicted felons, fugitives, and domestic abusers)
try to buy a gun but fail a National Instant Criminal Background Check System
(NICS) background check. These attempted purchases often violate federal and
state laws. Unfortunately, the federal government rarely prosecutes any of
these individuals.
In
the 13 states that run their own background checks, state authorities are
already aware when prohibited persons fail a background check, and local law
enforcement can then investigate these cases. However, in the 37 states and the
District of Columbia that rely on the FBI to run some or all of their
background checks, local authorities generally are not aware when a person in
their area fails a background check. Individuals who are willing to "lie
and try" to buy a gun may be dangerous and more likely to obtain guns
through other means. As a result, these states and D.C. lack crucial law
enforcement intelligence that could be used to keep their communities safe.
The
NICS Denial Notification Act would:
- Require
federal authorities to alert state law enforcement of background checks
denials, so that state authorities can decide whether to investigate,
prosecute, and/or keep an eye on these denied individuals for signs of future
criminal activity.
- Require
DOJ to publish an annual report with statistics about its prosecution of
background check denial cases, so Congress and voters can hold federal
officials accountable.
In
addition to Senators Toomey, Coons, and Cornyn, this legislation is also being
co-sponsored by Senators Tom Carper (D-Del.), Susan Collins (R-Maine), Tammy
Duckworth (D-Ill.), Amy Klobuchar (D-Minn.), James Lankford (R-Okla.), Joe
Manchin (D-W.V.), and Marco Rubio (R-Fla.).
The
bill text is available here.
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