The No Fly No Buy Act

THE NO FLY NO BUY ACT -- (House of Representatives - April 12, 2005)

The SPEAKER pro tempore. Under a previous order of the House, the gentlewoman from New York (Mrs. McCarthy) is recognized for 5 minutes.

Mrs. McCARTHY. Mr. Speaker, last month, the front pages of our Nation's newspapers contained chilling headlines: "Terror Suspects Buying Firearms."

At least 44 times in a 4-month period, people whom the FBI suspected of being members of terrorist groups tried to buy guns. In all but nine instances, the purchases were allowed to go through.

A background check of the would-be buyer found no automatic disqualification such as being a felon, an illegal immigrant, or deemed mentally defective. There certainly have been many more instances of suspected members of terrorist groups trying to buy these guns, but since the Justice Department destroys background check records after only 24 hours, we will never know.

So not only are we allowing suspected terrorists to arm themselves, we are destroying the records indicating how many guns they actually have bought. We are destroying critical intelligence in the war on terror, and suspected terrorists are exploiting our pre-9/11 gun laws.

The question many of my constituents ask me is, "Why are these people allowed to be able to buy guns in the first place?"

It defies common sense. We are at war. We saw what these terrorists are capable of armed with only box cutters purchased at a hardware store. Then why do we make it so easy for our enemies to buy firearms and ammunition within our own borders?

Since 9/11, we have adopted a multitude of new laws in the wake of the war on terror. Just try to fly out of Reagan National Airport. No one is spared from the reach of these new laws. Senior citizens, children, and Members of the House have been subjected to routine inspection before boarding a commercial flight. It is an inconvenience perhaps for some, but if it prevents one terrorist from boarding a plane, it is a good law.

But our gun laws are dangerously out of step with the war on terror. The same people who are prevented from boarding a flight can walk into a gun store and purchase a hand-held weapon of mass destruction. This is absolutely ridiculous.

Let me set the record straight. I am not out to take away the right of any law-abiding citizen from being able to buy a gun.

We need common-sense gun safety regulations that protect law-abiding gun owners, while making it tougher for criminals and terrorists to obtain guns. That is why I have introduced a bill that would deny those on the Transportation Security Administration's No Fly List from purchasing firearms.

Why the No Fly List? Granted, the No Fly List includes some law-abiding citizens who are on the list in error. But it is the only Federal terrorist watch list with a procedure to get innocent people off the list, and the No Fly List is the only watch list to have public scrutiny. Other lists without practical application may be just as inaccurate but afford no due process to those wrongly listed.

My bill will ensure that these people incorrectly listed on the No Fly will be able to get their names off the list as quickly as possible. They would then be able to complete their gun purchase, no questions asked. Again, an inconvenience for some but necessary steps to ensure terrorists are not buying guns in our country.

The Federal Government charged with protecting us from terrorists should put at least as much effort into making sure terrorists and criminals are buying guns as what senior citizens and children might bring aboard a plane. We are at war, and the Federal Government has made it easier for our enemies to arm themselves.

I have written Attorney General Gonzales and asked him to endorse my bill. And if he cannot endorse it, I want to know why. I understand the Second Amendment concerns of law-abiding citizens and gun owners. But these laws can coexist with responsible people's rights to hunt and protect their families.

Responsible gun ownership is a right of all law-abiding Americans, but we also have to take the responsibility to protect law-abiding Americans from acts of terror and crime.

Mr. Speaker, we have seen, unfortunately, many, many acts of crime and gun violence in the last few weeks. Each week for the next several weeks now, I am going to bring this subject up. I know a lot of the American people think Democrats have given up on this issue. I promise the American people, I will continue with this issue. I will fight for good gun safety laws to make this country safer.

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