Details

• Sponsor - Lautenberg
• Proposed - July 28, 2005
• Congressional Record Link - SA1636
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

This amendment is SB578 proposed as an amendment to S.397.

It addresses issues when someone buying a gun when they are flagged by the VGTOF file.

Analysis

The amendment was a result of a January 2005 GAO report on this problem. The FBI has not been standing still with regard to what was documented.

• Already the FBI runs every NICS check against the Violent Gang and Terrorist Organization (VGTOF) file.
• Each hit is reported to FBI field offices to check if the person is already prohibited from firearms ownership.
• Multiple agencies are already consolidating their relevant databases into VGTOF to improve the NICS effectiveness.
• The report also states that current procedures dictate that all available information related to the transaction is communicated to pertinent individuals.

The bottom line is that this bill addresses issues that have already been addressed at a management level and do not require a legislative solution.

This bill is just political grandstanding.

Two last points:

• The retention of the Form 4473 for ten years. This seems particularly arbitrary and the subject in question may not even be prohibited from firearms ownership. This is a violation of FOPA86 and is the start of a federal registry of firearms owners.
• At the current point in time a person's firearms prohibition is the result of a legal proceeding, mental incapacity or illegal drug use. No suspicion of the federal government adds you to the prohibited class of people. This amendment and HR1195 seek to change that.

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