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
Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

News  

Monday, August 17, 2026

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

For decades, federal law and United States Postal Service regulations turned one of the most ordinary stops in American life, your local post office, into a federal “gun free zone.”  That changed on August 12 with ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

Meet the New Far Left; Same as the Establishment Left on Guns

News  

Monday, August 17, 2026

Meet the New Far Left; Same as the Establishment Left on Guns

Primary election season is winding down, and the final slates of candidates in most states have emerged ahead of the 2026 fall elections. Second Amendment issues may or may not have been front in center ...

California: Anti-Second Amendment Bills Advance from Appropriations Committees

Friday, August 14, 2026

California: Anti-Second Amendment Bills Advance from Appropriations Committees

Yesterday, August 13th, both the Assembly and Senate Appropriations Committees advanced several anti-Second Amendment measures.

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

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.