Odd country. We keep people we know to be innocent in Guantanamo. Yet, according to a new report by the Government Accountability Office, we let 90% of people on terrorist watch lists buy guns. I assume that’s to let them play a role in constructing a well regulated militia in their neighborhoods.

No surprise that this must have been a hot potato report. It took 30 days after it was sent out to various federal legislators on May 21 before it was released on June 22. It does, after all, deal with guns and the right to own a gun. That right trumps even our national security.

And yet, the Second Amendment hating GAO thinks it would be a good idea to keep terrorists from exercising an automatic right to buy guns.

The use of terrorist watch list records in agency screening processes is an integral component of the U.S. government’s counterterrorism efforts. Providing the Attorney General with the flexibility to deny firearm purchases or firearm or explosives licenses or permits to subjects of terrorist watch list records when information suggests the purchase could pose a threat to national security would help to address concerns that such transactions cannot be denied now unless the subject is otherwise prohibited by federal or state law. Nevertheless, it would be important to consider the extent to which any new authorities to deny firearm or explosives transactions should include guidelines on the basis for making denials, which would help to ensure that terrorist watch list records are used as intended and that privacy and civil liberties protections are in place.

And, yet, there is this idea that we are concerned about national security. Somehow that is supposed to happen even though we have no legislation on this issue.

Under current law, there is no basis to automatically prohibit a person from possessing firearms or explosives because they appear on the terrorist watch list. 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.

So, no surprise. That explains the current state of affairs. There have been attempts to enact new laws with no success.

In April 2007, the Department of Justice (DOJ) provided legislative language to Congress that would give the Attorney General discretionary authority to deny the transfer of firearms or the issuance of a firearm or explosives license or permit when a NICS background check reveals that the purchaser is a known or suspected terrorist and the Attorney General reasonably believes that the person may use a firearm or explosives in connection with terrorism. A related bill was introduced in the 111th Congress and is currently pending (H.R. 2159). Neither DOJ’s proposed legislative language nor the related bill include provisions for the development of guidelines further delineating the circumstances under which the Attorney General could exercise this authority.

No surprise then that GAO’s recommendation is to pass appropriate legislation.

The report is Firearm and Explosives Background Checks Involving Terrorist Watch List Records GAO-09-125R, May 21, 2009

Of course, given the availability of illicit guns via Mexico, why would any terrorist bother buying them from sources that would check up on them. Check out these other two new GAO reports:

Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges GAO-09-781T, June 19, 2009

Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges GAO-09-709, June 18, 2009

• guns,
• national-security,
• GAO,
• terrorists