Senate Passes Legislation To Improve National Firearms Background Check System

Leahy-Schumer Led Amendment To Fix NICS System Unanimously Passes Senate

WASHINGTON (Wednesday, Dec. 19, 2007) – The Senate Wednesday unanimously passed legislation designed to improve the National Instant Criminal Background Check System (NICS), the country’s foremost background check system for gun purchases. The Senate version of the NICS Improvement Amendments Act of 2007 was championed by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Judiciary Committee member Chuck Schumer (D-N.Y.) and makes improvements to the Federal and State participation in the national background check program.

The Senate amendment to the House-passed legislation, crafted in part to respond to the tragic shootings at Virginia Tech earlier this year, makes clear that only correct records will be incorporated into the NICS system, and that incorrect records will be promptly removed from the national system. The legislation seeks to enlist the States as partners in the effort to prevent unlawful gun purchases through increased resources and support for States in the improvement of information systems. The Senate Judiciary Committee first passed reforms to NICS in August when it reported the School Safety and Law Enforcement Improvement Act to the full Senate. The bill approved by the Senate on Wednesday contains provisions to direct Federal and State agencies to establish relief from disabilities programs through which individuals who have overcome a disqualifying mental illness or disability may reclaim their right to purchase or possess a firearm. Leahy and Schumer successfully shepherded the legislation through the Senate before Congress recessed for the year.

“A credible, comprehensive, up-to-date federal database to provide accurate background checks benefits everyone,” said Leahy. “At the same time, this legislation also recognizes the importance of not unduly infringing Americans’ constitutional rights, and it takes steps to ensure that those rights are respected. Tragic shootings across our country are too often ‘breaking news.’ Improving NICS will help curb the number of firearms that get into the hands of troubled individuals who should already be disqualified under Federal law.”

Other sections in the legislation will:

* Create a legal regime where the reporting of disqualifying mental health records on both the State and Federal level will be improved;
* Require Federal agencies to report mental health and other disqualifying records into NICS;
* Create new incentives for States to report mental health and other disqualifying records;
* Provide States support to meet the goals outlined in the NICS Amendments Act.

The Leahy-Schumer legislation will now return to the House for final approval before heading to the President’s desk for signing.

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Leahy’s statement on Senate passage of the NICS Improvement Amendments Act of 2007 is below:

Statement Of Senator Patrick Leahy

On Passage Of Leahy-Schumer Amendment To Improve H.R. 2640,

The NICS Amendments Improvement Act Of 2007

December 19, 2007

Today, the Senate took an important step forward to improve the National Instant Criminal Background Check System (NICS), the nation’s background check system for gun purchases. Along with Senator Schumer, I have worked hard to craft this compromise legislation that respects the rights of gun owners and, at the same time, makes sure that the NICS system will work more effectively. This compromise has not been easy, as many have strong views on issues surrounding this bill, but working with Senators on both sides of the aisle, we have forged strong, fair legislation to address serious shortcomings in the Federal program. Throughout the process, we have taken great care to make sure Federal law governing who can own or possess a firearm remains unchanged. The Senate language makes clear that the correct records will go into the NICS system, that any records improperly in NICS will be removed promptly, that legal notice and due process considerations will be required in Federal proceedings, and that the States have sufficient support to meet the goals of the bill. We have been responsive to the legitimate concerns of veterans and advocates on both sides of the issue, and at the same time, we have worked hard to correct weaknesses that have been exposed by the tragic events of the last year.

The senseless loss of life at Virginia Tech this spring revealed serious flaws in the NICS system, particularly in the transfer of mental health information relevant to gun purchases between the States and the Federal Government. Deficiencies in the current NICS system, including a significant lack of funding, permitted the perpetrator of this terrible crime to obtain firearms and ammunition despite having a mental health history that made him ineligible to buy or possess a firearm under Federal law. He was able to pass a background check and purchase the weapons he used in his attacks because data was missing from the NICS system.

In response to this devastating tragedy, the Judiciary Committee worked hard to produce a comprehensive legislative proposal related to issues of school safety, and in August unanimously reported the School Safety and Law Enforcement Improvement Act of 2007 (SSLEIA) to the full Senate. As part of this legislative package, we drafted Title II of SSLEIA to include an amended version of the NICS Amendment Improvement Act of 2007 (H.R. 2640) that passed the House in July. Today, the Senate passed a revision of Title II from SSLEIA, as the Leahy-Schumer Amendment to H.R. 2640, which closes the gaps in the NICS system that allowed the purchase of the firearms that were used in the Virginia Tech killings. I hope the House of Representatives will take up and pass H.R. 2640, as amended, as soon as possible.

The Leahy-Schumer Amendment largely mirrors the language of H.R. 2640 as passed by the House. But it also makes modest but important changes to that bill in order to ensure this new law works effectively and fairly for all Americans. It creates a legal regime where the reporting of disqualifying mental health records, both at the State and Federal levels, will be improved. This bill will also require Federal agencies to report mental health and other disqualifying records into NICS and would create significant new incentives for States to report this same information. These basic features of the amendment are the same as in the House bill. Additionally, the bill contains provisions directing Federal agencies to establish relief from disabilities programs through which individuals who have overcome a disqualifying mental illness or disability may reclaim their rights, and urges the States to do the same.

As I reviewed this issue, however, I determined that additional changes were necessary both to improve the NICS system further and to better enable States like Vermont to implement these improvements. By tempering the penalties for insufficient participation by the States in meeting the bill’s goals, and increasing incentives for full participation, I am hopeful that the bill will strengthen the partnership between Federal and State authorities in search of a common goal. The NICS system is only as good as the information that is reported into it, and to achieve success in improving NICS, we must recognize and adequately support the States in this challenging undertaking.

I want to thank Paco Aumond, Director of Criminal Justice Services at the Vermont Department of Public Safety, for working with me to identify those changes in the legislation to ensure that Vermont and the many similarly situated States will be more easily able to make the comprehensive improvements necessary for a more effective NICS system.

Nothing can bring back the lives tragically lost at Virginia Tech, and no legislation can be a panacea, but the bill we pass today will begin to repair and restore our faith in the NICS system and may help prevent similar tragedies in the future.

Source: Senate Judiciary Committee Chairman Patrick Leahy