Castle Introduces Gun Safety Legislation to Extend Assault Weapons Ban, Close Gun Show Loophole

Castle Introduces Gun Safety Legislation to Extend Assault Weapons Ban, Close Gun Show Loophole

Urges Senate to adopt companion amendments during debate on gun liability

(Washington, D.C.) Saying the U.S. Senate debate on gun liability legislation, which begins tomorrow, is the best opportunity to extend the assault weapons ban and close the gun show loophole, Delaware Congressman Mike Castle, a key negotiator in the 1994 Crime Bill, today introduced two pieces of legislation he hopes will be offered and accepted as amendments during the debate.

"We must break the stalemate on the renewal of the assault weapons ban and the gun show loophole issue in Washington, D.C. and this gun liability legislation is likely our best legislative vehicle this year to do so," Castle said.

"There are some members of my party who would like to see the semi-automatic assault weapons ban die. To them I say, the ban has been successful in reducing crimes where such weapons were previously used, is supported by the American public, does not undermine the Second Amendment and does not prevent any American from owning a gun to defend his or her own home. Do the American people really want Uzis AK-47s on the streets where they live? If the ban expires this September, we could very well face this reality.

"There are some members of the other party who would like to see the semi-automatic assault weapons ban die. To them I say-stop playing politics with the safety of the American people. Don't just sit by and let the ban die so this issue can be used in the elections, fight for what is right now.

"And there are others who want to open up the ban to include more weapons. While I would support that argument, I think the political reality is such that a straight reauthorization is much more feasible to get through both chambers of Congress," Castle said.

Today, Castle introduced two gun safety bills:

Straight Extension of the Semi-Automatic Assault Weapons Ban for 10 Years-Castle bill would extend the Semi-Automatic Assault Weapons Ban, which is expected to sunset on September 13, 2004, for 10 years. The original AW ban was enacted in 1994 in response to an alarming trend of military-style weapons being used by gangs, drug dealers, and spree killings in America. The ban applies to 19 types of common military style assault weapons and their copies. Castle bill DOES NOT OPEN the ban up to other weapons . Senate Companion was introduced by Senators Dianne Feinstein (D-California) and John Warner (R-Virginia).

Closing the Gun Show Loophole Bill-Castle bill requiring three business days to conduct a criminal background check at gun shows. Currently, if a person buys a gun from an unlicensed seller at a gun show, no background check is required. 72% of background checks are completed within a few minutes and 95% within 2 hours. ONLY 5% of background checks actually take 3 business days. Senate Companion was introduced by Senators John McCain (R-Arizona) and Joe Lieberman (D-Connecticut).

"Rights come with responsibilities. Gun safety goes beyond making sure a gun is cleaned and stored properly. It means making sure that a background check is performed when it is sold and means making sure that military-style, high capacity semi-automatic assault weapons are not on our streets," Castle said.

"President Bush has indicated he will sign the renewal of the assault weapons ban into law if it reaches his desk-I urge the Senate to adopt these common sense gun safety amendments as part of the gun liability debate so the legislation will reach the President's desk. We must take advantage of this opportunity-another one may not come along."

Attached Please Find Fact Sheets on Castle's Assault Weapons Ban and Background Check Bills:
The Semi-Automatic Assault Weapons Ban

As part of the Violent Crime Control and Law Enforcement Act of 1994, which Castle helped negotiate, Congress adopted, the Public Safety and Recreational Firearms Use Protection Act-referred to as the "assault weapons ban".

The "assault weapons ban" is a ten year ban on the manufacture, transfer, or possession of semiautomatic assault weapons (military style weapons that discharges one round, then load a new round, each time the trigger is pulled until the magazine is exhausted) and high capacity ammunition feeding devices (detachable magazines that hold more than 10 rounds) that were not legally owned or available prior to September 13, 1994.

The Ban has significantly decreased crime using the prohibited military-style, semi-automatic guns with multiple assault weapons features such as high ammunition capacity and rapid-fire capability. These guns are not well suited for hunting or self-defense-but their light triggers and rapid-fire capability make them the weapons of choice for criminals.

Hundreds of firearms used for hunting and other recreational purposes are not affected buy the ban. The 1994 ban applies to 19 types of common military style assault weapons (and their copies). Models existing prior to 1994 can still be legally owned or sold.

The ban sunsets September 13, 2004.

Congressman Castle has introduced legislation to reauthorize the ban for another 10 years.

The AW ban does not undermine the second amendment

It does not hurt hunters (making up 35% of gun owners), sportsmen or target shooters (around another 35% of gun owners)

It does not prevent any American from owning a gun to defend his or her home.

The Gun Show Loophole

Under federal law, any person who buys a firearm from a licensed gun dealer at a gun show must first pass a background check. However, if that person buys a gun from an unlicensed seller at a gun show, no background check is required.

According to the NRA, several hundred thousand buyers evade a background check at gun shows each year because of this loophole. The Bureau of Alcohol, Tobacco, Firearms, and Explosives reported that gun shows are the second leading source of firearms recovered in illegal gun trafficking investigations and at least three suspected terrorists have exploited this loophole to acquire firearms.

In 32 states, criminals, minors, and other illegal buyers are able to buy guns at gun shows with no questions asked. Eighteen states have already closed the loophole and require background checks for all gun show sales, and they are still host to many of the 4,500 annual gun shows in the U.S.

Congressman Castle has introduced legislation bill requiring three business days to conduct a criminal background check at gun shows.

Closing the loophole would require sellers at gun shows to do "instant checks" to identify illegal buyers before completing a sale, a requirement already in effect for all other authorized un dealers.

95% of all background checks are completed within two hours, and most are completed within two minutes. Only about one in thirty background checks lasts more than a day, and these checks are 20 times more likely to uncover felons and other prohibited buyers than are the checks that are completed quickly.

The bill's definition of a gun show captures only public events where at least 75 firearms are available for sale. The bill correctly exempts hunt clubs, estate sales, yard sales, sales from the home, and sales between family members from regulation.

Allow gun show operators to become certified to perform background checks for unlicensed sellers at gun shows making it convenient for these sales to be completed quickly, safely, and legally.

Create no new requirements or paperwork for licensed sellers at gun shows.

Allow states to apply to make instant checks even more instant for unlicensed sellers at gun shows when that state has automated its records sufficiently to ensure that a speedy check does not sacrifice accuracy.