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http://www.newsmax.com/archives/articles/2001/12/17/183216.shtml

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Schumer, Kennedy Want to Register Gun Owners
Jeff Johnson, CNSNews.com
Tuesday, Dec. 18, 2001
WASHINGTON – Sen. Charles Schumer wants the Department of Justice to keep
personal data on law-abiding gun buyers from the National Instant Check
System (NICS), and to offer the information for unlimited use by state and
local agencies.
National Rifle Association Executive Vice President Wayne LaPierre called the
move "gun owner registration, plain and simple."

Making good on a promise he made during a Senate Judiciary Committee hearing
Dec. 6, Schumer, D-N.Y., introduced the "Use NICS in Terrorist Investigations
Act" (S. 1788) after Attorney General John Ashcroft refused to allow the FBI
access to NICS records of lawful gun purchases.

Schumer introduced the bill one day after Ashcroft explained that he was
merely obeying the law Congress had passed.

"The law which provided for the development of the NICS, the National Instant
Check System, indicates that the only permissible use for the National
Instant Check System is to audit the maintenance of that system," Ashcroft
responded. "The Department of Justice is committed to following the law."

Ashcroft also reminded the senators that NICS records from any illegal
attempt to buy a weapon, whether by a convicted felon, a terrorist, an
illegal alien or a person with a history of mental illness, are maintained
indefinitely, and completely available to police.

But Schumer, along with Sen. Edward Kennedy, D-Mass., and five other
co-sponsors, dismissed Ashcroft's explanation and offered the "Use NICS in
Terrorist Investigations Act" in response.

No Reference to Terrorist Probes

Despite the bill's title, the language of the proposal makes no reference to
terrorist investigations, and no limits are placed on the use of the
information.

The proposal would "allow the Federal Bureau of Investigation to access NICS
audit log records for the purpose of responding to an inquiry from any
federal, state, or local law enforcement agency in connection with a civil or
criminal law enforcement investigation."

It would require the Department of Justice to maintain the records of lawful
gun purchases "in no event fewer than 90 days after the date on which the
licensee first contacts the system with respect to the transfer." Present
federal law and DOJ policy require the records to be destroyed within 24
hours of a purchaser's approval.

The NRA's Institute for Legislative Action (NRA-ILA) had harsh words for
Schumer and the co-sponsors of S. 1788.

'Anti-gun Extremists' Exploit 9-11

"Anti-gun extremists have been attempting for weeks to invoke the specter of
terrorists acquiring firearms as justification for their attempts to end
traditional American gun shows," the organization said in a fax alert Friday,
"and now they are doing the same to promote their attempts to create the
mechanism to establish a registry of law-abiding gun purchasers."

LaPierre explained further.

"Clearly, this will be the basis of a national firearms-owner computer
registry that would profile decent honest citizens, violate their privacy,
and provide a locator to assist Kennedy's and Schumer's vision of ultimately
banning private ownership of firearms," he said. "Of more immediate danger
are the civil data-sharing provisions in this legislation.

"You have to think about what a Janet Reno or any future anti-gun-rights
attorney general would do with this power," he added.

While the legislation mandates that the FBI and the Treasury Department
destroy any records they maintain for auditing NICS sometime after 90 days,
no such restriction applies to information shared with state or local law
enforcement agencies.

"Once the personal information is out of the hands of the feds, it could
become part of a permanent record elsewhere," the NRA warned.

NRA-ILA Executive Director James Jay Baker says it's vital that Americans
understand the need to protect the NICS data.

"This is not about denying law enforcement any records that bear on criminals
or terrorists and guns," he said. "This is about preserving the privacy
rights of decent, innocent people."

Calls to the offices of Kennedy and Schumer were not returned prior to
publication of this story.




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