Congressman Moran's News Commentary

The public is well aware that if you end up on a terrorist watch list, you may be prevented from flying commercially in the U.S. We go to great lengths to safeguard our skies. Unfortunately, we don’t take the same precautions when someone known or suspected to be a terrorist purchases a gun.

Currently, there are nine factors that prevent a gun purchase from being approved during a background check. These factors range from a dishonorable discharge in the military to conviction for a felony. Unbelievably, being a known or suspected terrorist is not one of those nine factors.

In a recent GAO report, it was found that 44 people identified as terrorism suspects had legally purchased guns during a 5 month time frame in 2004. These people received full background checks under the National Instant Criminal Background (NICS) check system. They were flagged as suspected terrorists because they showed up on the Violent Gang and Terrorist Offender File (VGTOF). Yet, they were still allowed to buy a gun because merely being a known or suspected terrorist does not cause someone’s background check to fail. Laughable if it weren’t completely true.

Concerns that suspected terrorists are obtaining guns through legal means have not gone unnoticed by our nation’s top federal law enforcement officer. In testimony before an Appropriations Subcommittee this past March, FBI Director Robert Mueller expressed his concern that terrorists were buying guns in the U.S. He urged Congress to consider ways to bar terrorism suspects from being able to legally buy guns.

Given the heightened security measures taken and billions of dollars spent securing the homeland since 9/11, it is disturbing to know that it wasn’t but until last year that NICS examiners had access to findings from the Violent Gang and Terrorist Offender File (VGTOF). The VGTOF file has only been used for gun background checks since 2002.

If a person is flagged under the VGTOF file during a background check, the FBI’s only recourse is to delay the purchase for 3 days and continue investigating the individual’s background, searching for a prohibitive factor such as a prior felony or adjudicated mental defect. That’s not much time for a full investigation. If nothing is found in three days, the NICS records are destroyed and the suspected terrorist is off on his merry way.

I don’t think the public believes terrorists should have access to 50 Caliber Sniper Rifles, Semi-Automatic weapons and other lethal firearms. The Justice Department claims that preventing suspected terrorists from buying a gun will tip them off that they are being watched. But doesn’t that already happen when these same people try to board a plane?

This lack of a common-sense approach to an issue of homeland security stems from Congress kow-towing to the NRA. I am continuing to work with concerned citizens, gun safety advocates and homeland security experts to look for ways to protect our communities from the threat of posed by a terrorists’ ability to currently buy guns legally in the U.S. This is an important issue that I believe the public should be made aware of.

Rep. James P. Moran is Virginia's 8th Congressional District Representative in the U.S. House of Representatives.