Feinstein Wants to Close the Terrorist Gun Loophole

The senator behind the Assault Weapons Ban bill and a House Republican have teamed up for new gun-control legislation — to ban terrorists from buying guns.

Sen. Dianne Feinstein (D-Calif.) introduced the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 in the upper chamber with co-sponsor Sens. Sheldon Whitehouse (D-R.I.), Chuck Schumer (D-N.Y.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Barbara Boxer (D-Calif.), Jack Reed (D-R.I.), Bob Menendez (D-N.J.), Kirsten Gillibrand (D-N.Y.), Chris Murphy (D-Conn.), Elizabeth Warren (D-Mass.) and Ed Markey (D-Mass.).

Rep. Peter King (R-N.Y.), the former chairman of the House Homeland Security Committee, introduced the bill in the lower chamber with 14 co-sponsors, Feinstein’s office said.

“Under current law, known or suspected terrorists on terrorist watch lists are prohibited from boarding airplanes, but they are legally allowed to buy firearms and explosives anywhere in the United States. That makes no sense,” Feinstein said in a statement. “The Kouachi brothers, responsible for the attacks in Paris, were on U.S. terrorist watch lists, including the no-fly list. However, if the brothers had instead been in the United States, they would have been able to legally purchase weapons.”

“Sadly, this situation isn’t rare,” she continued. “Individuals on the consolidated terrorist watch list who sought to purchase a weapon in 2013 and 2014 cleared the background check in 455 out of 486 attempts. We need to close this dangerous loophole and keep weapons out of the hands of terrorists.”

That report, which included individuals on no-fly lists, was compiled by the Government Accountability Office.

Studying a 10-year period from 2004 to 2014, the background check clearance rate was 91 percent of attempted transactions, or 2,043 of 2,233 times, according to the GAO.

The bill would give the attorney general discretion to “deny the transfer of a firearm” if he or she “determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism” and “has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.”

It includes international and domestic terrorism.

If someone thinks they were wrongly denied the ability to buy a weapon or explosives under the terrorism statute, he or she would be able to first complain to the Justice Department, then file a lawsuit against the DOJ.

In such a lawsuit, the Justice Department would be able to keep classified information deemed to compromise national security.

King said “common sense dictates that the federal government stop gun sales to suspects on the terrorist watch list.”

“Federal law already prohibits nine categories of dangerous persons from purchasing or possessing firearms, including the mentally ill and criminals,” he said. “Yet, after almost 14 years, we still allow suspected terrorists the ability to purchase firearms.”