Legislature(2003 - 2004)

03/12/2003 01:31 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
               SJR  5-DESTROY BRADY BILL RECORDS                                                                            
CHAIR SEEKINS  announced  the next business  before the  committee                                                              
would be SJR 5.                                                                                                                 
MS.  AMY SEITZ,  staff  for  Senator  Wagoner, introduced  SJR  5.                                                              
When  the  Brady  Handgun  Bill  was  adopted  it  established  an                                                              
instant  check  system  to  ensure  individuals  with  a  criminal                                                              
background could  not obtain firearms.  Those  individuals who are                                                              
disqualified  from  purchasing  firearms  would have  a  permanent                                                              
record  on  file.   However,  if  an individual  is  approved  for                                                              
purchasing a  firearm, the  "national instant criminal  background                                                              
check  system"  is  supposed  to   destroy  all  records  of  that                                                              
individual  except the  transferred  number and  the  date of  the                                                              
The  Federal Bureau  of Investigation  has decided  to keep  these                                                              
records  for  audit purposes,  which  is  against the  letter  and                                                              
intent of  the Brady  Handgun Bill.   The  intent of  SJR 5  is to                                                              
urge the  President of the United  States and Congress  to prevent                                                              
federal  agencies  from  maintaining   these  records.    It  also                                                              
requests  statutory changes  be made  so this  does not happen  in                                                              
the future.                                                                                                                     
SENATOR OGAN  moved to adopt Senate  CS for SJR 5(STA)  \I version                                                              
as  the  resolution   before  the  committee.     There  being  no                                                              
objection, it was so ordered.                                                                                                   
SENATOR THERRIAULT  asked Ms.  Seitz to  highlight the  changes in                                                              
the CS from the original bill.                                                                                                  
MS. SEITZ  pointed out  on page  2, line  9, after "United  States                                                              
to"  the original  version  said "prevent"  and  in the  CS it  is                                                              
changed to "ensure".   After "federal agencies"  the words "comply                                                              
with the  law prohibiting  them" was  added in the  CS.   She said                                                              
that is a wording preference.                                                                                                   
SENATOR OGAN stated for the record:                                                                                             
       I really believe that the second amendment was the                                                                       
     first Homeland Security Bill.  And I'd like to see an                                                                      
     attempt to tinker  with it and maybe say  that we should                                                                   
     allow these  people that have these  innocent background                                                                   
     checks to carry  weapons on planes to  repel terrorists,                                                                   
     but I won't go there.                                                                                                      
SENATOR  THERRIAULT  made  a motion  to  move  Senate CS  for  SJR
5(STA)  from   committee  with   individual  recommendations   and                                                              
attached zero  fiscal note(s).  There being  no objection,  it was                                                              
so ordered.                                                                                                                     

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