by Dave Workman
Senior Editor

Thirty-five successful firearm purchases out of 44 “valid hits” that identified the buyers as people whose names are on so-called terrorist watch lists was all the ammunition anti-gun Sen. Frank Lautenberg (D-NJ) needed to call for a change in the law that allows National Instant Check System (NICS) records of such buyers to be retained for at least 10 years.

The revelation that 44 individuals whose names appear on terrorist watch lists had tried to buy guns during a five-month period last year was contained in a report on “Gun Control and Terrorism” that was done by the Government Accountability Office (GAO) at the request of Lautenberg and fellow-anti-gun Sen. Joseph Biden (D-DE). The report covered the period from Feb. 3 through June 30, 2004, with added information that another 14 transactions with valid matches to persons named on terrorist watch lists occurred between July and October of last year.

Immediately, Lautenberg told The New York Times that he would introduce legislation mandating the retention of NICS records of successful gun purchases by such individuals for at least 10 years. Lautenberg has been a critic of legislation that took effect last July 21 requiring NICS records on approved firearms transactions to be destroyed within 24 hours. Lautenberg and other Congressional anti-gunners had wanted that information retained for at least 90 days, as had been the practice in the past.

The GAO report specified that on the 35 successful transactions, NICS checks on the buyers did not show any disqualifiers, that is, reasons to deny the purchases.

Noting that, Alan M. Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), criticized Lautenberg for using the GAO report as an excuse to push his gun control agenda.

“In Sen. Lautenberg’s warped view, anyone who buys a gun is a suspected terrorist,” said Gottlieb. “Based on his past record, he is looking for any avenue to justify a back door gun registration scheme so that if he could get even one of his gun ban bills passed, he will know where to go to collect them all.

“Remember,” he added, “none of the people who successfully purchased firearms has been charged with, or convicted of any crime.”

Gun Week learned from an FBI source that more than 3.1 million NICS checks were conducted during the five-month period covered by the GAO report. About 10% of those checks resulted in denials, the source said. The 58 valid matches on terrorist watch lists found last year was likened by Gottlieb to “less than a blip on the radar screen.”

Gottlieb said that the report contained a revelation not mentioned by The Times or Lautenberg: There were an estimated 650 NICS checks that “generated initial hits on terrorist records” retained by Violent Gang and Terrorist Organization File (VGTOF). However, the report concedes, “The vast majority of NICS transactions that generated initial hits on terrorist records in VGTOF did not result in valid matches.”

That admission caused Gottlieb to wonder, “How does somebody’s name get on one of those lists? How is it removed?”

He accused Lautenberg of stirring fear with the American public about possible terrorist access to firearms as a means of starting what essentially is a de facto gun registry on certain individuals.

“Lautenberg wants to keep records on these people for 10 years,” Gottlieb observed. “Where is the ACLU? If this involved anything but a gun purchase, the ACLU would be in hysterics over invasion of privacy issues.”

According to The Times, these classified watch lists include the names of thousands of suspected terrorists “many of whom are being monitored, trailed or sought for questioning.” They are apparently affiliated, in some way, to “Islamic-based, militia-style and other groups,” The Times reported.

Laurie Ekstrand, director of Homeland Security and Justice Issues for the GAO, told Gun Week that “this was a very narrow review.”

She said GAO is not recommending any kind of “major overhaul” of the NICS system, but has made some recommendations for executive action. Chief among them is that the Attorney General clarify procedures to ensure that the maximum amount of allowable information from NICS background checks is consistently shared with counterterrorism officials, and that more frequent monitoring of background checks by state agencies be implemented by the FBI.

The report also revealed that the FBI’s NICS section had revised its policies and procedures last year to allow for the retention of non-identifying information related to each approved background check for up to 90 days. This allows the FBI to initiate firearm retrieval actions when new information reveals that a buyer was actually not qualified, the report said.

The GAO report also acknowledged, “The 24-hour destruction provision did not affect federal policies for retaining NICS records related to denied firearms transactions. Under provisions in NICS regulations, personal identifying information and other details related to denied firearms transactions are retained indefinitely.”

Also, the report said, there are no limitations on the retention of NICS information by the Terrorist Screening Center (TSC) or counterterrorism officials, who received the information to verify identities and determine whether there are some facts that might prohibit a person from purchasing a firearm.

Ekstrand did say that destruction of NICS check information, including the identity of the gun dealer, within 24 hours could hamper an investigation if it is later shown that a gun was purchased by someone who should not have been approved by a NICS check.

She acknowledged that terrorist watch lists could contain names similar to those of law-abiding citizens. There are “lots of situations like that,” she stated.

According to The Times, Lautenberg also wants Attorney General Alberto R. Gonzales to determine whether people whose names are on terror watch lists should get automatic NICS denials when trying to purchase firearms.

That brought a quick reaction from CCRKBA Executive Director Joe Waldron: “Should we deny them the exercise of a civil right? If we do, what’s next? Do we take away their other rights? Will we hold them in confinement without trial? How far do we go? Where does it stop?”

Waldron said the GAO report shows that the system actually is working, and that Lautenberg is trying to capitalize on a minute number of transactions to suspected terrorists as a means of promoting more gun restrictions. Just because a handful of undesirable people manage to obtain firearms despite all the safeguards should not be used as a wedge to promote additional gun laws, he explained.

“Unfortunately,” Waldron said, “no system will ever be one hundred percent fool-proof. Even if we adopted all of the gun controls Frank Lautenberg has ever advocated, we would only disarm honest citizens, not criminals or potential terrorists, and he knows it.”