McCain Votes to Prevent Terrorists from Purchasing Guns

Statement

U.S. Senator John McCain (R-AZ) released the following statement today on voting to advance two amendments filed by Senators John Cornyn (R-TX) and Chuck Grassley (R-IA) that would prevent individuals named on the terrorist watch list in the last five years from purchasing firearms; incentivize the improvement of the national firearm background check system; and address mental health concerns in a manner that is consistent with the Constitution:

"In the wake of the horrific attacks in San Bernardino and Orlando, and the threat of more terrorist-inspired or directed attacks on the homeland, Americans are rightfully calling for stronger action to prevent potential terrorists from purchasing firearms. I share those concerns, and voted for two common-sense amendments today filed by Senators Cornyn and Grassley that would help us accomplish this in a way that is both effective and constitutional.

"Senator Cornyn's Securing Our Homeland from Radical Islamists and Enhancing Law Enforcement Detection Act (SHIELD Act) would prevent individuals on the terrorist watch list from purchasing a gun and enable law enforcement to take suspected terrorists off the streets. In addition, Senator Grassley's Protecting Communities and Preserving the Second Amendment Act would incentivize the improvement of our national firearm background system, notify law enforcement when an individual who has been on the terrorist watch list in the last five years attempts to purchase a gun, and address gaps in preventing the mentally ill from accessing guns. Importantly, both amendments work to keep guns away from potential attackers in a manner that upholds the Second and Fourteenth Amendments.

"I'm disappointed that instead of working with Republicans to address these issues in a way that respects Americans' constitutional rights, Senate Democrats have opted for political grandstanding.

"In addition to these two critical amendments, I'm proud of the bipartisan work of the Senate Armed Services Committee to address one small aspect of this complex issue. The National Defense Authorization Act for Fiscal Year 2017, which passed the Senate last month, takes important steps towards improving integration of military-civilian trauma care to reduce avoidable gun deaths. A recent report by the National Academies of Sciences, Engineering, and Medicine found that up to 20 percent of U.S. trauma deaths, including those resulting from gun violence, could be prevented with better care. The report urged better integration of military and civilian trauma care systems to prevent avoidable deaths. The NDAA supports this win-win proposal that helps maintain military medical force readiness, improves combat casualty care, and enhances emergency and trauma care to prevent avoidable gun deaths."

THE SHIELD ACT

Senator Cornyn's SHIELD Act would stop terrorists from buying guns while ensuring law-abiding citizens placed on a watch list by mistake don't have their Second Amendment rights taken away. Under the SHIELD Act, if an individual who is a known or suspected terrorist, or has been the appropriate subject of a terrorism investigation within the last five years, attempts to purchase a weapon:

The Attorney General or designee has the authority to delay the transfer of a weapon for up to three business days while relevant law enforcement agencies conduct an investigation.
Federal, state and local law enforcement officials are notified immediately so they can monitor the situation.
A U.S. Attorney could permanently block the transfer upon a showing of probable cause before a judge that the individual is involved in terrorism.
The Attorney General or designee then has the authority to immediately take the prospective purchaser into custody if a judge determines there is probable cause that the individual is involved.

PROTECTING COMMUNITIES & PRESERVING THE SECOND AMENDMENT ACT

Senator Grassley's Protecting Communities and Preserving the Second Amendment Act of 2016 would address flaws in the National Criminal Instant Background Check System (NICS):

Currently, the NICS system does not contain many of the records of individuals who are prohibited under federal law from acquiring or possessing a firearm. The amendment would incentivize and ensure that relevant records from federal agencies, law enforcement and the states are uploaded into NICS in a timely and consistent manner.
The amendment would also better define and clarify mental health conditions that prevent individuals from being able to purchase a fire arm.
Finally, under the current background check process, law enforcement is only alerted if an individual is currently listed on one of the suspected terrorist watch lists and tries to purchase a firearm. The amendment would require law enforcement to be notified if an individual who is currently being investigated, or has been investigated in the last five years, as a terrorist attempts to acquire a firearm.

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017

The NDAA would require the Secretary of Defense to expand the network of military-civilian trauma combat casualty care training sites to provide integrated combat trauma teams, such as forward surgical teams, with maximum exposure to a high volume of patients with critical injuries. For example, the NDAA could lead to military trauma specialists deploying to Tier 1 trauma centers across the country as part of integrated military-civilian teams. The NDAA would also authorize the Secretary of Defense to evaluate and treat civilians at a military treatment facility, which could potentially offer specialized combat casualty care to victims of gun violence that occurs in local communities.

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