{ "id": "RL33011", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33011", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 344073, "date": "2007-04-30", "retrieved": "2016-04-07T18:09:42.431029", "title": "Terrorist Screening and Brady Background Checks for Firearms", "summary": "Historically, terrorist watch list checks were not part of the firearms background check process implemented pursuant to the Brady Handgun Violence Prevention Act. Such watch lists were not checked, because being a known or suspected terrorist is not a disqualifying factor for firearm transfer/possession eligibility under current federal or state law. Nevertheless, if a person is a known or suspected terrorist, it suggests that there may be an underlying factor (e.g., illegal immigration or fugitive status) that could bar him from legal firearms possession. For a time, moreover, all Brady background check records for approved firearm transfers were destroyed almost immediately, precluding the opportunity to use the background check system to screen for known and suspected terrorists.\nConsequently, three issues emerged regarding Brady background checks following the 9/11 attacks. First, should approved firearm transfer records be maintained on a temporary basis to determine whether persons of interest in counterterrorism investigations had previously obtained firearms improperly? Second, should terrorist watch list checks be incorporated statutorily into the Brady background check process? Third, should persons watch-listed as known or suspected terrorists be prohibited statutorily from possessing firearms?\nIn February 2004, the FBI reportedly modified its National Instant Criminal Background Check System (NICS) operating procedures to retain NICS records temporarily for approved transfers that result in terrorist watch list hits, and to pass that information on to FBI investigators on the Joint Terrorism Task Forces. In addition, Attorney General Alberto Gonzales has directed the DOJ Office of Legal Policy to form a working group to review federal gun laws\u2014particularly in regard to Brady background checks\u2014to determine whether additional authority should be sought to prevent firearms transfers to known and suspected terrorists.\nOn March 19, 2007, Representative Carolyn McCarthy reintroduced a bill (H.R. 1167) that would make it unlawful for anyone to transfer a firearm to a person who was on the \u201cNo Fly\u201d lists maintained by the Transportation Security Administration. Also, on April 26, Senator Frank Lautenberg introduced a bill (S. 1237) that would authorize the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to known or suspected terrorists. The language of S. 1237 reportedly reflects a legislative proposal made by the Department of Justice. Similar proposals were introduced in the 109th Congress. This report will be updated as needed.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33011", "sha1": "8780e893296379f94507eabfbc0fe79632054560", "filename": "files/20070430_RL33011_8780e893296379f94507eabfbc0fe79632054560.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33011", "sha1": "7baf6cfff2bc6076efad3c0c6ffa3c9f3a3ed8e5", "filename": "files/20070430_RL33011_7baf6cfff2bc6076efad3c0c6ffa3c9f3a3ed8e5.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820283/", "id": "RL33011_2005Jul25", "date": "2005-07-25", "retrieved": "2016-03-19T13:57:26", "title": "Terrorist Screening and Brady Background Checks for Firearms", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050725_RL33011_6ec429d9c35567769c9f636fde0f0202f79171fa.pdf" }, { "format": "HTML", "filename": "files/20050725_RL33011_6ec429d9c35567769c9f636fde0f0202f79171fa.html" } ], "topics": [] } ], "topics": [ "Intelligence and National Security" ] }