Please find below an example of UPI's continuing coverage of Homeland
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link to it on the web here:

 

http://www.upi.com/view.cfm?StoryID=20050309-085422-7289r

 

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Shaun Waterman

UPI Homeland and National Security Editor

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Direct Line: 202 898 8081

 

 

Lawmakers: Close terror gun loophole

By Shaun Waterman

UPI Homeland and National Security Editor

 

WASHINGTON, March 9 (UPI) -- Two New York Lawmakers are calling for
federal gun laws to be tightened after a government report found that
nearly three dozen people on an FBI watch list of known or suspected
terrorists purchased firearms last year.

"I would support legislation to make it illegal for people on that list
to buy guns," Rep. Pete King, R-N.Y. told United Press International.

The Government Accountability Office found this week that, "According to
the Department of Justice, under federal and state law, neither
suspected nor actual membership in a terrorist organization is a
stand-alone factor that would prohibit a person from receiving or
possessing a firearm."

As a result, their report went on, 35 individuals who were valid matches
for the FBI's watch list of known or suspected terrorists were able to
purchase firearms during a five-month period last year.

"It is absurd that the very same people not allowed to board a
commercial aircraft can walk into nearly any gun store in America and
purchase a firearm," said Rep. Carolyn McCarthy, D-N.Y., in a reference
to the no-fly and automatic selected lists maintained by the
Transportation Security Administration.

The lists contain the names of thousands of people suspected of being
terrorists, terrorist sympathizers or associates. They are among the 12
watch lists maintained by federal government agencies, according to the
GAO.

Included in that dozen is the FBI's Violent Gang and Terrorist
Organization File, the watch list against which potential gun-buyers are
checked as part of the background check process mandated by the Brady
Handgun Violence Prevention Act.

Federal law defines a series of prohibited categories of people not
allowed to receive or possess firearms, including convicted felons,
illegal aliens and those who have been involuntarily committed to a
mental institution. The FBI National Instant Criminal Background Check
System receives 8.5 million requests each year from licensed firearms
dealers, and checks the name, date of birth, race and sex of would-be
gun purchasers against a variety of databases to determine whether they
fall into any prohibited categories.

But the GAO report points out that "under current law, inclusion on a
terrorist watch list is not a standalone factor that would prohibit a
person from receiving or possessing a firearm." 

Thus, a hit on the watch list does not mean the transaction cannot go
ahead.

Since February last year, under new procedures examined by the GAO, a
watch-list hit does mean that the purchase is automatically delayed for
the maximum time allowable under the Brady Act -- three days -- while
FBI agents check for derogatory information not contained in the
automated databases searched by the National Instant Criminal Background
Check System, for instance because it had not yet been entered.

The report found that in two cases, agents had been able to find
additional information in time to stop the purchases.

However, the report also found that to protect the privacy of gun
purchasers -- even those who are on the watch list -- only the
information necessary to determine whether the would-be buyer falls into
a prohibited category is shared with FBI field agents and
counter-terrorist specialists. Other information, for instance the
would-be purchasers address, is not shared unless the purchase is deemed
illegal.

Rep. Bennie Thompson, D-Miss., the senior Democrat on the House Homeland
Security Committee, called it "alarming that 3 1/2 after the Sept. 11
attacks, loopholes such as these still exist in our gun laws."

Both McCarthy and King have introduced bills this week in response to
the report. Legislation is also being weighed in the Senate. 

King's bill would require information about completed gun purchases by
people on the watch list, including their address and the type and
number of firearms purchased, be passed to FBI counter-terrorism agents.

At the moment, in order to prevent preserved purchase records from
becoming an effective national gun-owner registry, Justice Department
policy requires the records of lawfully completed transactions to be
destroyed within 24 hours.

The bill proposed by McCarthy, whose husband was killed by the Long
Island Rail Road rampage shooter in 1993, goes a lot further. It would
make it illegal for people on the no-fly list to purchase firearms.

"We need a 'no-buy' list," said Kristen Rand, legislative director of
the Violence Policy Center, a gun control lobby group. "We should not be
allowing members of terrorist organizations to purchase firearms."

Rand said that -- even before this week's GAO report -- there were many
documented instances of terrorists, including in one case an associate
of Osama bin Laden, buying guns. "This is not a hypothetical problem,"
she said.

Although King says he supports legislation to outlaw purchases by known
or suspected terrorists, he told UPI he has reservations about using the
no-fly list.

"We've got to do this smart," he said, adding, "We know there are
problems with that list" -- a reference to the experience of dozens of
individuals, including members of Congress, repeatedly misidentified and
denied the right to fly.

McCarthy said the reason she chose the no-fly list was that there was an
established appeals mechanism for people added to it in error.

"Any law-abiding citizen wrongly placed on the list will be able to
follow the (Transportation Security Administration's) procedure for
quick removal ... and be able to complete their firearm purchase," she
said.

"There's got to be a right to appeal," against being denied a purchase,
agreed King, but he said he believed the FBI watch list was "a better
list." 

But even with a right of appeal, any tightening of the law is likely to
arouse the opposition of the powerful gun-rights lobby.

Andrew Arulanandam, a spokesman for the National Rifle Association, told
UPI "The current system is working effectively."

But he said the NRA opposed terrorists getting access to firearms, and
promised they would review "any proposals from the Justice Department or
Capitol Hill, and weigh them against our core commitment to the rights
of law-abiding Americans" to own guns.

King acknowledged the power of the NRA, but said the public was very
attuned to the dangers faced by terrorism.

"This is one instance where the gun lobby could loose," he said.

King suggested the lobby's supporters might not support moves by their
leaders to block such a law. "They're overlapping constituencies," he
said of those who support gun rights and those who favor tough measures
against terrorists.

--

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