05/12/2003 03:25 PM House JUD

SJR 5 - DESTROY BRADY BILL RECORDS                                                                                            
                                                                                                                                
Number 0032                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be  CS  FOR  SENATE  JOINT  RESOLUTION  NO.  5(STA),  Urging  the                                                               
President of the United States and  the Congress to act to ensure                                                               
that federal  agencies do not  retain records relating  to lawful                                                               
purchase  or ownership  of firearms  gathered  through the  Brady                                                               
Handgun Bill instant check system.                                                                                              
                                                                                                                                
Number 0084                                                                                                                     
                                                                                                                                
SENATOR  TOM WAGONER,  Alaska  State  Legislature, sponsor,  said                                                               
that  the  United  States  Congress   passed  the  Brady  Handgun                                                               
Violence  Prevention  Act  ("Brady  Handgun  Bill")  in  1993  to                                                               
"promote gun  safety and reduce  gun violence."   To do  this, he                                                               
relayed,  the  Act  established   a  "national  instant  criminal                                                               
background check  system" (NICBCS)  to keep  firearms out  of the                                                               
hands of  criminals; at that time,  it was clear that  the NICBCS                                                               
was  not  to be  used  by  the government  as  a  way to  monitor                                                               
legitimate  firearm ownership  by  law-abiding citizens.   If  an                                                               
individual  is  approved  for purchasing  a  firearm,  18  U.S.C.                                                               
922(t)(2)(C) states:   "destroy  all records  of the  system with                                                               
respect to  the call (other  than the identifying number  and the                                                               
date  the number  was assigned)  and  all records  of the  system                                                               
relating to the person or the transfer."                                                                                        
                                                                                                                                
SENATOR  WAGONER said  that the  administration interpreted  this                                                               
language such  that it  allows agencies  to retain  these records                                                               
for  180 days  for  audit purposes  only.   He  opined that  this                                                               
interpretation is in  violation of both the spirit  and letter of                                                               
the original  Brady Handgun Bill.   He asked members to  join him                                                               
in sending a message to the nation's capitol.                                                                                   
                                                                                                                                
Number 0225                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SAMUELS  moved  to  report CSSJR  5(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSSJR  5(STA) was                                                               
reported from the House Judiciary Standing Committee.