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
Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

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.