Washington—Senator Dianne Feinstein (D-Calif.) today released updated data from the Government Accountability Office (GAO) that show known or suspected terrorists pass a background check to purchase a firearm or explosives 91 percent of the time.

Between February 2004 and December 2015, known or suspected terrorists initiated a background check to purchase a weapon 2,477 times—they successfully passed that check 2,265 times, or 91 percent.

The GAO wrote: "Overall, since NICS started checking against terrorist watch list records in February 2004, FBI data show that individuals on the terrorist watch list were involved in firearm or explosives background checks 2,477 times, of which 2,265 (about 91 percent) of the transactions were allowed to proceed and 212 were denied."

"Specifically, from January 2015 through December 2015, FBI data show that individuals on the terrorist watch list were involved in firearm-related background checks 244 times, of which 223 (about 91 percent) of the transactions were allowed to proceed and 21 were denied."

Under current law, individuals who are known or suspected terrorists and do not fall into the one of the nine prohibited purchaser categories can legally purchase weapons. Feinstein’s bill would create a 10th category of prohibited purchaser by allowing the attorney general to deny known or suspected terrorists from purchasing weapons, if there is a reasonable belief that the weapon would be used in connection with terrorism.

Text of the letter follows:

The Honorable Dianne Feinstein

United States Senate

Subject: Update on Firearm and Explosives Background Checks Involving Terrorist Watchlist Records

As you requested, this letter updates information on firearm and explosives background checks involving terrorist watchlist records that we presented in our May 2010 testimony and most recently updated in March 2015. Under the Brady Handgun Violence Prevention Act and implementing regulations, the Federal Bureau of Investigation (FBI) and designated state and local criminal justice agencies use the FBI’s National Instant Criminal Background Check System (NICS) to conduct checks on individuals before federal firearms licensees (gun dealers) may transfer any firearm to an unlicensed individual. Also, to assist the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI conducts NICS background checks on individuals seeking to obtain a federal explosives license or permit. Under federal law, there is no basis to automatically prohibit a person from possessing firearms or explosives because they appear on the terrorist watchlist.4 Rather, there must be a disqualifying factor (i.e., prohibiting information) pursuant to federal or state law, such as a felony conviction or illegal immigration status.

Approximately 23.1 million background checks were run through NICS during calendar year 2015, of which the FBI’s NICS Section processed about 9 million transactions and state and local agencies processed about 14.1 million transactions. In response to a recommendation in our January 2005 report, the FBI began processing all NICS background checks involving terrorist watchlist records in July 2005—including those that were initially generated via state operations—to ensure consistency in handling5 According to FBI officials, while the NICS Section processes all transactions involving terrorist watchlist records, states that initially generated them are required to report the final disposition of every transaction to NICS, including whether the transaction was allowed to proceed or was denied.

If the NICS Section cannot complete a background check within 3 business days and make a final determination (i.e., proceed or denied) the gun dealer may transfer the firearm (unless state law provides otherwise). However, the NICS Section can continue to research the transaction for potentially prohibiting information—for up to 90 days—at which time information related to the transaction is to be destroyed to comply with federal record retention requirements. While the NICS Section is required to destroy the records, the FBI is notified when an individual on the terrorist watchlist attempts to purchase a firearm and can use information obtained from the NICS transaction to support investigations and other counterterrorism activities.

This update provides FBI statistics for calendar year 2015. Specifically, from January 2015 through December 2015, FBI data show that individuals on the terrorist watchlist were involved in firearm-related background checks 244 times, of which 223 (about 91 percent) of the transactions were allowed to proceed and 21 were denied. According to FBI data, there were no explosives-related background checks involving individuals on the terrorist watchlist during calendar year 2015. Overall, since NICS started checking against terrorist watchlist records in February 2004, FBI data show that individuals on the terrorist watchlist were involved in firearm or explosives background checks 2,477 times, of which 2,265 (about 91 percent) of the transactions were allowed to proceed and 212 were denied, as shown in table 1.

Of the 2,477 total transactions, 2,474 involved firearm-related background checks and 3 involved explosives checks. The 3 explosives checks all occurred before March 2010 and the transactions were allowed to proceed. The FBI does not know how often a firearm was actually transferred or if a firearm or explosives license or permit was granted, because gun dealers and explosives dealers are required to maintain but not report this information to the FBI.

Sincerely yours,

Diana C. Maurer

Director, Homeland Security and Justice Issues

Table 1: Number of Firearm or Explosives Background Checks Involving Individuals on the Terrorist Watchlist, February 2004 through December 2015 Calendar year Valid matches Allowed to proceed.

(a)The FBI does not know how often a firearm was actually transferred or if a firearm or explosives license or permit was granted, because gun dealers and explosives dealers are required to maintain but not report this information to the FBI.

(b)Because of an issue with a computer programming change, the FBI could not provide complete statistics for certain NICS transactions that were initiated by state and local agencies during calendar years 2011 and 2012.

(c)The total number of NICS transactions with valid matches to the terrorist watchlist from February 2004 through December 2015 does not include complete statistics for calendar years 2011 and 2012. Of the 2,477 total transactions, 2,474 involved firearm-related background checks and 3 involved explosives checks.

(d) As of February 29, 2016, the FBI was continuing to research 7 of the 223 transactions for potentially prohibiting information, so the possibility existed that some of the 7 transactions could still be denied.

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