McCarthy Cites Need for Gun Reform

McCarthy Cites Need for Gun Reform

In the future, gun buyers may be subject to more comprehensive and complete background checks, thanks to an increasingly more streamlined and efficient national databank.



The House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security passed the National Instant Criminal Background Check System (NICS) Improvement Act, a series of additions and upgrades to already existing laws. The NICS is a federally mandated databank of criminal records utilized by Federal Firearm Licensees and managed by the Federal Bureau of Investigation. A licensed firearms dealer is required, under permanent provisions of the Brady Act, to conduct a criminal background check on prospective gun buyers.



The proposed law, which is sponsored by Rep. Carolyn McCarthy (D-Mineola), would require state agencies to cooperate fully with the FBI in terms of providing relevant criminal records, if they wish to continue receiving federal dollars. Although the NICS was established in 1998, not all states have fully participated in the program nor are they currently required.



New York State, for example, is considered a non-Point of Contact state, meaning firearms dealers must deal directly with the FBI for background check information and solicit state background checks from state police. Thirteen other states are recognized as Point of Contact (POC) states. Agencies in POC states have established their own Brady NICS units so that gun dealers may request background checks from only state authorities, who can access state and federal databases.



In 2000, in a General Accounting Office report to Congress, states were found to be better equipped to handle background checks. The report said that states are more familiar with their own gun laws and could therefore expedite background checks on potential buyers. Also, some states had established databases for the purpose of criminal background checks already. Unfortunately, a majority of states still do not fully participate in the NICS program because of the most common prohibitive barrier: cost.



McCarthy’s legislation authorizes $250 million grants for fiscal years 2006, 2007, and 2008. However, if the legislation takes more time to pass through Congress, the grants would be pushed ahead to span the next three years. The money is intended for states to use for keeping their records electronically up to date and, more importantly, federally accessible through the NICS.



“While maintaining NICS records ultimately is the responsibility of the states, state budgets are already overburdened,” says McCarthy.



The 2000 report suggested several revisions necessary to make NICS as effective as possible. Suggestions included mandating federal funding so that NICS units can be established and operated under the supervision of state authorities. McCarthy realizes the grave importance of attaching federal dollars to the issue of state compliance.



“Here’s the carrot and the stick, states will have a certain number of years to comply with the legislation or else lose federal dollars in the end,” says McCarthy.



Along with state regulations and gun laws, federally mandated criteria for firearms dealers have been considered generally acceptable. Under federal law, dealers are not to sell guns to known felons, those convicted of a crime with a sentence exceeding one year (two years for misdemeanor), known addicts or users of a controlled substance, those dishonorably discharged from the armed forces, and those “adjudicated mentally defective.” Other disqualifying criteria include renouncing one’s citizenship, non-immigrant or illegal alien status, anyone subject to a restraining order or anyone convicted of a domestic violence misdemeanor.



Twenty-eight states have failed to fully report their felony convictions to NICS databases, according to McCarthy. Domestic violence restraining orders are not available via NICS in 15 states. The proposed bill aims to mandate the collection of data so a criminal prohibited from buying a firearm in one state cannot cross into another state and purchase a weapon. It’s this kind of abuse and negligence that worries McCarthy.



“I was on a radio show just yesterday where gun owners all over the country called in…most were saying how they believed this legislation is reasonable. One dealer said he wouldn’t sell his guns at gun shows because there were no background checks there, he didn’t want to put his guns in the wrong hands,” McCarthy added, “Most gun owners are very reasonable.”



McCarthy is a long time advocate for stringent gun laws. In 1993 tragedy shook the Long Island native when her husband was killed and son wounded after Colin Ferguson opened fire on commuters riding a Long Island Rail Road train. Ferguson had purchased the gun legally.



McCarthy, who was elected to Congress in 1997, was inspired to do everything she could to promote stricter gun legislation.



McCarthy has referred to the expiration of the assault weapons ban as “infuriating” and sponsored legislation to continue the ban. She has also sponsored more than a dozen similar pieces of legislation promoting gun safety, strengthening existing gun laws and an attempt to close the “gun show loophole,” which allows gun buyers to purchase weapons at gun shows without submitting to a background check.



McCarthy has been carefully and aggressively promoting the NICS improvement legislation. She has been working closely with committee leadership, members of the House and members of the Senate, including Senator Orrin Hatch (R-Utah). McCarthy believes that the bill has what it takes to pass through Congress.