The Path Forward on Gun Violence

Floor Speech

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Mr. CLYBURN. Mr. Speaker, I come today to draw attention to the fact that tomorrow evening we are going to be hosting a SpeakOut on the west front of the Capitol, the west lawn, and we are going to be highlighting four pieces of legislation: H.R. 1217, H.R. 1076, H.R. 3051, and H.R. 4603.

I am particularly interested today in H.R. 3051. That is the legislation that seeks to close what has become known as the Charleston loophole. The reason I am particularly interested in it today is because yesterday the General Accountability Office issued a 57-page report. Now, that report is so voluminous I am not going to ask that it be entered into the Record, but I will include the one-page summary into the Record. Here is what you are going to find in this report: [From GAO Highlights, July 2016] Gun Control Analyzing Available Data Could Help Improve Background Checks Involving Domestic Violence Records What GAO Found

Most of the 50 states submit domestic violence records-- misdemeanor crime of domestic violence (MCDV) convictions and domestic violence protection orders--to the Department of Justice's (DOJ) Federal Bureau of Investigation (FBI) for use during National Instant Criminal Background Check System (NICS) checks, but states vary in their efforts to identify (``flag'') such records that prohibit an individual from obtaining a firearm under federal law. For example, in 2015, 22 states voluntarily participated in a program to identify criminal history records that prohibit individuals from obtaining firearms, which can include domestic violence records. FBI data also show that 47 states identified domestic violence protection orders that prohibit firearm purchases. Since not all domestic violence records that states submit to the FBI meet federal prohibiting criteria, flagging prohibiting records can help expedite NICS checks. The total number of prohibiting domestic violence records that states submit to the FBI is generally unknown because states are not required to flag prohibiting records and there is no automated process to disaggregate such records from other records checked by NICS.

For fiscal years 2006 to 2015, FBI data show that most NICS checks involving domestic violence records that resulted in denials were completed before firearm transfers took place (see table). However, about 6,700 firearms were transferred to individuals with prohibiting domestic violence records, which resulted in the FBI referring these cases to DOJ's Bureau of Alcohol, Tobacco, Firearms and Explosives for firearm retrieval. Under federal law, firearm dealers may (but are not required to) transfer a firearm to an individual if the dealer has not received a response (proceed or denial) from the FBI after 3 business days. Background Check Denials and Firearm Transfers for Misdemeanor Crimes of Domestic Violence (MCDV) Convictions and Protection Orders, Fiscal Years 2006 to 2015

Category--MCDV convictions, Total denials--59,000, Within 3 days--41,000, After 3 days--18,000, Firearm transfers--6,221.

Category--Protection Orders, Total denials--30,000, Within 3 days--28,000, After 3 days--2,000, Firearm transfers--559.

FBI data also show that during fiscal year 2015, the FBI completed 90 percent of denials that involved MCDV convictions within 7 business days, which was longer than for any other prohibiting category (e.g., felony convictions). The FBI completed 90 percent of denials that involved domestic violence protection orders in fewer than 3 business days. According to federal and selected state officials GAO contacted, the information needed to determine whether domestic violence records--and in particular MCDV convictions--meet the criteria to prohibit a firearm transfer is not always readily available in NICS databases and can require additional outreach to state agencies to obtain information. DOJ has taken steps to help states make prohibiting information more readily available to NICS--such as through training and grant programs--but does not monitor the timeliness of checks that result in denials by prohibiting category. Ongoing monitoring could help the FBI determine if specific prohibiting categories present greater challenges in making determinations than other categories and, in turn, the FBI could provide the results to other DOJ entities to help them establish priorities, such as for grants, state outreach, or training. ____ GAO Highlights

Highlights of GAO-16-483, a report to the Acting Ranking Member, Subcommittee on Commerce, Justice, Science, and Related Agencies, Committee on Appropriations, House of Representatives. Why GAO Did This Study

The FBI and designated state and local criminal justice agencies use the FBI's NICS to conduct background checks on individuals seeking to obtain firearms. Persons prohibited by federal law from possessing firearms include individuals who have domestic violence records that meet federal disqualifying criteria. Under federal law, firearm dealers may transfer a firearm to an individual if the FBI has not made a proceed or denial determination within 3 business days.

GAO was asked to review NICS checks involving domestic violence records. This report (1) describes the extent to which states identify domestic violence records that prohibit an individual from obtaining a firearm and (2) evaluates the extent to which NICS checks involving domestic violence records are completed before firearm transfers take place and any related challenges in completing these checks.

GAO reviewed laws and regulations; analyzed FBI data from 2006 through 2015 on domestic violence records that states submitted to the FBI, FBI total checks and denial determinations, and DOJ firearm retrieval actions; and interviewed officials from DOJ and eight states (chosen based on number of domestic violence records submitted to NICS and other factors). State interview results are not generalizable but provide insights on state practices. What GAO Recommends

GAO recommends that FBI monitor the timeliness of NICS checks to assist DOJ entities in establishing priorities for improving the timeliness of checks. FBI agreed with the recommendation.

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Mr. CLYBURN. Mr. Speaker, this report says that the General Accountability Office has found that between the years 2006 and 2015, 89,000 people have been blocked from purchasing weapons who were not eligible to purchase weapons because of their records.

But the report says that 6,800 others were able to purchase firearms because the 3-day limit expired before they had the chance to complete the background checks. That is what happened to those nine souls at Emanuel AME Church when the gentleman, if I might call him that, who purchased a weapon and murdered those nine people was not eligible to purchase a weapon. He was joined by 6,800 others.

Now, we have heard from people who tell us--and this report says-- that this is the biggest contributor to domestic violence. 6,800 people who have been convicted of domestic violence were able to go and purchase guns simply because of this loophole.

We have been asking for years now that the Centers for Disease Control be authorized to go and study this issue to help better inform us on the impact of gun violence, but this House has passed prohibitive legislation that will not allow funds to be used to do that study.

I don't quite understand. Why is it not proper for the Members of the United States Congress to be equipped with information that will allow us to make better decisions about how to protect the American people?

People who are guilty of domestic violence and have been proven in the courts to be guilty ought to not be allowed to go onto the Internet and purchase a weapon. We have case after case where these weapons were then almost immediately used to injure, maim, and, in some instances, kill wives, spouses, and children because of this loophole.

I would have hoped that after June 17 of last year that we would come to our senses in this body and close this loophole, but tomorrow evening we are going to once again draw attention to this loophole because the American people are deserving of being protected by those of us who are elected to protect them, secure them, and to make sure that they can live out their lives in security.

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