Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Schumer And Kennedy Move To Register Law-Abiding Gun Owners

Saturday, December 15, 2001

Exploiting the media frenzy over terrorism, U.S. Senators Charles Schumer (D-N.Y.) and Ted Kennedy (D-Mass.) have introduced S. 1788, legislation that seeks to eviscerate the federal law that prohibits creation of a national firearms registry. Their legislation would make National Instant Check System (NICS) records—records on gun purchasers who have cleared the criminal record check—available to "any federal, state or local law enforcement agency in connection with a civilor criminal law enforcement investigation." The anti-gun pair introduced a virtually identical bill, S. 1253, in July.

Kennedy and Schumer introduced their latest bill in response to last week`s decision by the Department of Justice (DOJ) that reaffirmed that the records generated by NICS that do not result in an individual being denied the ability to purchase a firearm cannot be used for anything other than what the Brady Act—which established NICS—allows. Current federal law requires that all records of cleared purchases be destroyed, and although the anti-gun Clinton-Reno DOJ determined it could keep such records in an "audit log" for as long as six months, it also established regulations that specifically prohibit using these records for anything other than auditing NICS. Attorney General John Ashcroft ruled earlier this year that the original intent of the Brady Act`s record destruction requirement demanded more immediate action than the Clinton-Reno six-month time frame, and he established regulations instructing that destruction of the records must take place no later than 24 hours after the purchase—a decision that resulted in bitter attacks in the media and by anti-gun-rights organizations.

Currently, records of felons, fugitives, illegal aliens, drug users—all persons whose possession or purchase of any firearms is a federal crime, and who are blocked by NICS if they attempt to buy firearms—are statutorily required to be kept indefinitely. Those records are always available to law enforcement. Anti-gun extremists have been attempting for weeks to invoke the specter of terrorists acquiring firearms as justification for their attempts to end traditional American gun shows (see NRA-ILA FAX Alerts Vol. 8, Nos. 39, 46, & 48), and now they are doing the same to promote their attempts to create the mechanism to establish a registry of law-abiding gun purchasers.

NRA Executive Vice President Wayne LaPierre called the Kennedy-Schumer legislation "gun owner registration, plain and simple." He cautioned, "Clearly, this will be the basis of a national firearms-owner computer registry that would profile decent honest citizens, violate their privacy, and provide a locator to assist Kennedy`s and Schumer`s vision of ultimately banning private ownership of firearms. Of more immediate danger are the ‘civil` data sharing provisions in this legislation that will make National Instant Check records on decent law-abiding people available to trial lawyers."

EVP LaPierre went on to ask, "What if Chicago Mayor Daley or the Attorney General in Massachusetts demanded custody of the entire NICS audit log as part of a ‘civil or criminal law enforcement investigation?` You have to think about what a Janet Reno or any future anti-gun-rights Attorney General would do with this power."

Although the Schumer-Kennedy legislation contains provisions for the destruction of NICS audit log records after 90 days, destruction wouldn`t apply to records given to other federal, state or local agencies as part of an ongoing civil or criminal probe. Once the personal information is out of the hands of the feds, it could become part of a permanent record elsewhere, perhaps with the reckless city suits designed to bankrupt the firearms industry.

The attacks on Ashcroft began immediately following his refusal to allow the release of the names of tens of thousands of Americans who had cleared extensive background checks for comparison with lists of the individuals, mostly illegal aliens, who were in custody as part of the government investigation of terrorism. While Ashcroft was simply doing what the law required—protecting the rights of innocent persons—the gun-ban lobby formerly known as HCI actually suggested that the Attorney General turn his back on enforcing the law, and stated Ashcroft should have willfully violated federal law to allow the privacy of law-abiding citizens be invaded.

Even prior to the passage of the Brady Act, federal law specifically forbid "that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established," and when the Brady Act was enacted, further restrictions were written into the law to prevent federal agencies from retaining information on gun purchasers cleared after a federal/state background check. In fact, other than a unique number referencing a lawful firearms transaction, the law demands that the system (NICS) "destroy all records of the system relating to the person or the (firearms) transfer." But these facts are immaterial to anti-gun extremists, and they and their supporters in the media have launched a nationwide campaign attacking Ashcroft, both personally and professionally, for his efforts to remain within the confines of the law while working to fight terrorism.

NRA-ILA Executive Director James Jay Baker warns: "It is imperative that NRA members and firearms owners counter the media hype and explain to their friends and neighbors that this is not about denying law enforcement any records that bear on criminals or terrorists and guns. This is about preserving the privacy rights of decent innocent people." NRA members and the rest of the pro-gun community must contact their federal lawmakers to object to the passage of S. 1788, the Kennedy-Schumer legislation that would turn NICS into a de facto registration system for law-abiding gun purchasers. You can reach your U.S. Representative at (202) 225-3121, and your U.S. Senators at (202) 224-3121. You can also find additional contact information by using our "Write Your Reps" tool.

TRENDING NOW
California Glock Ban Triggers Warning from Trump DOJ

News  

Monday, June 29, 2026

California Glock Ban Triggers Warning from Trump DOJ

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), continues to play offense when it comes to the Trump administration defending the Second Amendment.

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

News  

Monday, June 29, 2026

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

A recent court decision adds Florida to the list of some 14 constitutional (“permitless”) carry states in which adults under the age of 21 may legally carry firearms. 

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

“Red Flag” Law Claimed to Work Simply Because it is Being Used

News  

Monday, June 29, 2026

“Red Flag” Law Claimed to Work Simply Because it is Being Used

According to a recent editorial by an anti-gun spokesman, Florida’s version of a “red flag” law—also known as an Extreme Risk Protection Order (ERPO) law—is a “success” simply because it is being used.

Arizona state flag

Monday, June 22, 2026

Arizona: Governor Hobbs Vetoes Pro-Gun Legislation...Again

On Friday, June 19, Governor Katie Hobbs (D), vetoed Senate Bill 1068 and Senate Bill 1069. For those keeping score at home, this marks not the first, nor the second, but the third time Governor ...

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

Thursday, June 25, 2026

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

On June 25, the U.S. Supreme Court invalidated a Hawaii law that sought to ban the carrying of firearms (including licensed concealed carry) on private property open to the public, unless the carrier obtained affirmative ...

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Monday, June 29, 2026

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Today, the Virginia General Assembly met in Richmond to approve or deny Governor Spanberger's proposed Amendments to the state budget. 

California: Anti-Gun Bills Continue Advancing in Sacramento

Wednesday, June 24, 2026

California: Anti-Gun Bills Continue Advancing in Sacramento

Anti-gun legislation continues advancing in Sacramento. On June 30, the Assembly Public Safety Committee will hear Senate Bill 948, while the Senate Public Safety Committee will hear Assembly Bill 2047. Please use the Take Action ...

Delaware: FFL Killer Bill Still Looms as End of Session Approaches

Monday, June 22, 2026

Delaware: FFL Killer Bill Still Looms as End of Session Approaches

With session scheduled to end on June 30th, legislators in Dover are still considering SB 300, the FFL Killer bill.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.