Gun Violence

Floor Speech

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Mr. CLYBURN. Mr. Speaker, I am pleased that the House will finally consider legislation to make reforms to our background check system for firearm purchases. Now, Mr. Speaker, the word ``reform'' can either be a noun or a verb. As a noun, reform means a change for the better, improving a situation without revolutionary change, a moral improvement. But I am afraid, Mr. Speaker, that in this instance, the reform we are about to vote upon is a verb, where it simply means to form again or to become formed again.

Americans are demanding a background check system that is a change for the better and is not riddled with loopholes. They demand a system that protects the rights of law-abiding Americans while preventing dangerous individuals from obtaining weapons. They demand a system where, to purchase a gun, you must pass a background check. Unfortunately, the bill before us, crafted by the NRA, will not deliver this to the American people.

One of the fundamental loopholes in the Brady bill, which requires background checks for most purchases, is that, if the sale is not approved after 3 days, a firearm dealer can make the sale anyway, even though the background check is still pending. Tragically, this loophole has been given a new name and nine new faces following the attack at Emanuel AME Church in Charleston on June 17, 2015.

Prior to that fateful day, the Charleston shooter was arrested in Columbia, South Carolina, on March 1, 2015, and charged with a felony drug offense. FBI Director James Comey has since confirmed that, as part of this arrest, the shooter admitted to the city of Columbia police that he was in possession of drugs. Under the Brady Handgun Violence Prevention Act, an unlawful drug user or addict is prohibited from purchasing a firearm, and this information should have barred the shooter from the purchase.

Now, on Saturday, April 11, 2015, the shooter attempted to purchase a firearm in West Columbia, South Carolina, and the background check process was initiated. Now, Mr. Speaker, 91 percent of FBI background checks are processed within minutes, and gun dealers are informed the buyer is either approved or denied; however, the other 9 percent require additional scrutiny by FBI examiners and are not processed immediately. The Charleston shooter's background check was marked ``delayed/pending.''

Though the shooter was arrested on March 1 by the city of Columbia police, he, for some reason, was taken to the Lexington County jail, and his arrest record listed the arresting agency as the Lexington County Sheriff's Office. Columbia, South Carolina, is in Richland County. This clerical error was noticed by a Lexington County corrections officer shortly after and corrected, but was only corrected internally. That correction was not given to the FBI.

On Monday, April 13, when the FBI investigator sought to get more information about the shooter's March arrest, she initially contacted the Lexington County Sheriff's Office for more information, who informed her that the case was in the city of Columbia. Not seeing a listing for Columbia on the Lexington County law enforcement list, she contacted West Colombia, who had no knowledge of the arrest.

By Thursday, April 16, the background check was still listed as delayed/pending, but three business days had passed. Consequently, Mr. Speaker, he was allowed to purchase a gun, and nine souls lost their lives because of this loophole. We should close it and do it today.

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