11.24.15

Durbin, Senators Call for Vote on Legislation to Close Egregious Loophole that Allows Suspected Terrorist to Purchase Guns & Explosives

In last decade, suspected terrorists attempted to purchase guns from American dealers at least 2,233 times & were cleared to do so in 91% of these instances

[WASHINGTON, D.C.] – U.S. Senator Dick Durbin (D-IL) today joined with Senate Democrats to urge Senate Majority Leader Mitch McConnell and Speaker Paul Ryan to quickly schedule votes on legislation that would close an egregious loophole and prevent individuals on the Federal Terrorist Watchlist from being able to purchase firearms and explosives that may be used in connection with terrorism. Under current law, a member of a terrorist organization is not prohibited from “possessing firearms or explosives” or from being able to purchase handguns or assault-style rifles.

   

The Government Accountability Office (GAO) found that between 2004 and 2014, suspected terrorists attempted to exploit this loophole and purchase guns at least 2,233 times, succeeding in 2,043 of those instances, or 91 percent of the time. 

   

“There is no reason why suspected terrorists who we consider too dangerous to board airplanes should be able to walk into any gun store in the United States and purchase a firearm or an explosive for the purpose of carrying out a terrorist act,” the Senators wrote.  “In light of the horrific terrorist attacks in Paris, the need to pass such legislation is more imperative than ever so that the United States can address a serious national security and public safety weakness: the terrorist background check loophole that allows suspected terrorist to swiftly pass a background check and obtain a dangerous weapon.”

   

Today’s letter was sent in support of legislation – the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 – sponsored by U.S. Senator Dianne Feinstein (D-CA) and U.S. Representative Peter King (R-NY) that empowers the U.S. Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to suspected terrorists if it is reasonably believed those individuals may use firearms or explosives in connection with an act of terrorism, all while protecting legitimate gun owners’ rights to acquire guns or explosives.

   

Text of today’s letter is below:

   

Dear Leader McConnell and Speaker Ryan,

   

We write to urge you to quickly bring S. 551/H.R. 1076, the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” to the Senate and House Floor for consideration and a vote.

   

In light of the horrific terrorist attacks in Paris, the need to pass such legislation is more imperative than ever so that the United States can address a serious national security and public safety weakness: the terrorist background check loophole that allows suspected terrorist to swiftly pass a background check and obtain a dangerous weapon.

   

There is no reason why suspected terrorists who we consider too dangerous to board airplanes should be able to walk into any gun store in the United States and purchase a firearm or an explosive for the purpose of carrying out a terrorist act.  But today, suspected terrorists can legally purchase guns in the United States—and they’re doing so, even while law enforcement may be investigating them or pursuing their arrest or indictment.

   

According to a Government Accountability Office letter, between February 2004 and December 2014, individuals on the federal terrorist watchlist tried to buy or obtain a firearm or explosive license or permit at least 2,233 times. 

   

In 2,043 of those cases (91 percent of the time), the individuals successfully passed the background checks and were able to purchase the weapons or explosives.  In 2013 and 2014, FBI data showed that individuals on the terrorist watchlist were involved in firearm-related background checks 485 times, and 455 of those (about 94%) were allowed to proceed.

   

When over 90 percent of those on the terrorist watchlist who try to pass a background check succeed, it is absolutely clear we have a major vulnerability that could lead to deadly terrorist attacks.

   

Indeed, the Washington Post reports that since March 2014, U.S. authorities have charged 66 men and women around the country with alleged ISIL activities, and that according to the FBI, in a handful of those cases, it has disrupted terrorism plots targeting U.S. military or law enforcement personnel.

   

The “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” will make our communities safer, including U.S. military and law enforcement personnel.  It will prevent hundreds of gun purchases by suspected terrorists each year.  Specifically the bill would allow the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to suspected terrorists if it is reasonably believed those individuals may use firearms or explosives in connection with an act of terrorism.

   

Importantly, the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” provides important safeguards to protect a legitimate gun owner’s right to acquire firearms or explosives. 

   

The need to close the terrorist background check loophole should not be a partisan issue.  The “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” has received support from members of Congress in both parties.  It is also supported by law enforcement and a broad cross-section of Americans.  This and similar proposals have received support from both Republican and Democratic administrations, including the Justice Department under President George W. Bush.

   

We urge you to quickly bring the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” to the Senate and House floor for a vote.  Republicans and Democrats alike—should have the opportunity to do their part to keep our country safe by ensuring terrorists cannot obtain firearms and explosives.

   

By passing the bill we could save American lives and help prevent terrorists from obtaining dangerous weapons.

   

Sincerely,

   

Harry Reid

Richard J. Durbin

Charles E. Schumer

Patty Murray

Patrick J. Leahy

Barbara A. Mikulski

Dianne Feinstein

Barbara Boxer

Ron Wyden

Jack Reed

Thomas R. Carper

Debbie Stabenow

Maria Cantwell

Robert Menendez

Bernard Sanders

Sherrod Brown

Robert P. Casey, Jr.

Claire McCaskill

Amy Klobuchar

Sheldon Whitehouse

Tom Udall

Mark R. Warner

Jeff Merkley

Michael Bennet

Kirsten Gillibrand

Al Franken

Chris Coons

Richard Blumenthal

Brian Schatz

Tammy Baldwin

Christopher Murphy

Mazie K. Hirono

Angus S. King, Jr.

Tim Kaine

Elizabeth Warren

Edward J. Markey

Cory A. Booker

Gary Peters