Date: 2016-01-07
Speaker: JACKSON LEE (democrat)
Chamber: H

If we dont stand together. then the long litany of children that have died by gun violence. Mr. Speaker. will continue. The only thing that will stop this is for us to recognize that we have gun deaths. gun deaths by justified homicide and criminal homicide. mass shootings. mental health shootings with guns. and suicide. guns and domestic violence. The only thing that will happen is that it will continue. Does anyone want this kind of massacre to continue at the hands of someone using a gun? Some of the aspects of what the President has presentedbackground checks. mental health resources. ATF. FBI200 moreif we join together. I can assure you America can find her comfortable place in the sun with a wonderful Constitution and democracy. where all of us. no matter what our philosophy. what our political party. can come around the issue of saving lives. I am pleased to join my colleagues of the Congressional Progressive Caucus in this important Special Order on universal child care and gun violence in America. I would like to thank Congresswoman BONNIE WATSON COLEMAN for convening this evenings Special Order and for her dedicated leadership on critical issues impacting children and working families. including this evenings topic of universal childcare and gun safety. As we turn to the topic of gun violence in America. I would also like to thank President Obama for his leadership and for helping to bring this issue to the forefront of our national priorities. Gun violence in America can no longer be swept under the rug. ignored or irrationally justified. We are in a state of national crisis and it is time to act. Upon taking office. every Member of Congress makes a solemn pledge: to protect and defend the American people. This is the most important oath we take as elected officialsand. to honor this promise. we must do everything in our power to stem gun violence in our nation. Yet. after another mass shooting and countless acts of gun violence in communities across our country every day. House Republicans are still unwilling to act to stop gun violence and save lives in American communities. The Democrats have been calling for an immediate vote on the bipartisan KingThompson Public Safety and Second Amendment Rights Protection Act to strengthen the lifesaving background checks that keep guns out of the wrong hands. This Congress has a moral obligation to do our part to end the gun violence epidemic. Now is the time for Republicans to join Democrats in protecting the lives of Americans by taking common sense steps to save lives. The Administration has announced two new executive actions that will help strengthen the federal background check system and keep guns out of the wrong hands. I have introduced two bills that will hopefully enhance these executive actions and support the Presidents recently announced action on gun violence. H.R. 4315Mental Health Access and Gun Violence Prevention Actauthorizes $500 million for mental health treatment access and to assist in the reporting of relevant disqualifying mental health information to the FBIs background check system NICS. H.R. 4316Gun Violence Reduction Resources Actauthorizes the hiring of 200 additional ATF agents and investigators for enforcement of existing gun laws. The President included these specific requests in yesterdays announcements and these bills respond to those requests. Additionally. the Department of Justice (DOJ) is proposing a regulation to clarify who is prohibited from possessing a firearm under federal law for reasons related to mental health. And the Department of Health and Human Services (HHS) is issuing a proposed regulation to address barriers preventing states from submitting limited information on those persons to the federal background check system. Ending gun violence in America requires a comprehensive approachwe must come together and work towards this common goal. Too many Americans have been severely injured or lost their lives as a result of gun violence. While the vast majority of Americans who experience a mental illness are not violent. However. in some cases when persons with a mental illness does not receive the treatment they need. the result can be tragedies such as homicide or suicide. We must continue to address mental health issues by: Supporting expanded coverage of mental health services and enhanced training and hiring of mental health professionals. and Continuing the national conversation on mental health to reduce stigma associated with having a mental illness and getting help. and We must also continue to do everything we can to making sure that anyone who may pose a danger to themselves or others does not have access to a gun. The federal background check system is one of the most effective ways of assuring that such individuals are not able to purchase a firearm from a licensed gun dealer. To date. background checks have prevented over two million guns from falling into the wrong hands. The Administrations two new executive actions will help ensure that better and more reliable information makes its way into the background check system. The Administration. however. has acknowledged the need for collective action and continues to call upon Members of Congress to pass commonsense gun safety legislation and to expand funding to increase access to mental health services. I too call upon my colleagues to come together and pass legislation that will help stop the loss of innocent lives. While we have made some progress in strengthening the National Instant Criminal Background Check System (NICS). which is used to run background checks on those who buy guns from federally licensed gun dealers to make sure they are not prohibited by law from owning a firearm. we must do more. I am a strong supporter of a right of privacy and I am particularly sensitive and protective of patient privacy rights. I support the Health Insurance Portability and Accountability Act that was passed by Congress in 1996. and includes privacy protection for medical records. which includes mental healthcare information. However. there are specific areas under federal law that allow the disclosure of medical information to authorities. and in these instances there should be an agreement that when a person poses a threat to themselves or others (as determined by a court or adjudicative authority with the medical and legal knowledge and authority to make a determination that a person poses a threat to themselves or to others) should not be allowed to purchase a fire arm. Technology that could be deployed to access court records and arrest records as they relate to mental health and violent behavior should not rely upon a list that may become outdated or could be used in ways that are not consistent with the intent of enhancing gun safety. The ability to access information that is accurate and available for the limited purpose of affirming or rejecting a request to purchase a firearm without indicating the source of the decision or the reason for the rejection would still protect privacy rights while also protecting the public. The presidents proposal on mental health and gun violence is to enforce the laws already in place. Under a federal law enacted in 1968. an individual is prohibited from buying or possessing firearms for life if he/she has been "adjudicated as a mental defective" or "committed to a mental institution." A person is "adjudicated as a mental defective" if a courtor other entity having legal authority to make adjudicationshas made a determination that an individual. as a result of mental illness: 1) Is a danger to himself or to others. 2) Lacks the mental capacity to contract or manage his own affairs. 3) Is found insane by a court in a criminal case. or incompetent to stand trial. or not guilty by reason of lack of mental responsibility pursuant to the Uniform Code of Military Justice. A person is "committed to a mental institution" if that person has been involuntarily committed to a mental institution by a court or other lawful authority. This expressly excludes voluntary commitment. It should be noted. however. that federal law currently allows states to establish procedures for mentally ill individuals to restore their right to possess and purchase firearms (many states have done so at the behest of the National Rifle Association. with questionable results). It is undoubtedly true that people who are a danger to self and/or others because of mental illness should be prohibited from owning firearms. It is less clear. however. how to tailor new policies to better protect the American public while at the same time avoiding the stigmatization of Americans with mental illness. Any strategy to address the lethal intersection between guns and mental illness should focus of the key facts: On average. more than 100.000 people in America are shot in murders. assaults. and other crimes. More than 32.000 people die from gun violence annually. including 2.677 children under the age of eighteen years old. Suicide is the leading cause of gun related deaths in America. 60 percent of deaths by guns in America are the result of individuals using these weapons as a means to commit suicide. Some of these deaths might have been prevented if there were adequate background checks. Each year hundreds of law enforcement officers lose their lives to gun violence been shot to death protecting their communities. Millions of guns are sold every year in "no questions asked" transactions and experts estimate that 40 percent of guns now sold in America are done so without a background check. National Instant Criminal Background Check System (NICS) was created in 1998 to require potential gun buyers to pass an instant screening at the point of purchase. Ensures that purchasers are not felons. domestic abusers. mentally ill. etc. NICS has blocked sales to more than 2 million prohibited people. NICS stops 170 felons and 53 domestic abusers from purchasing guns every day. The most serious issue facing NICS is the "private sale loophole". This allows anyone who is not a federallylicensed dealer to sell guns without a background checks. An estimated 40% of gun transfers6.6 million transfersare conducted without a background check. Armslist.com is the largest online seller of firearms. 66.000 gun ads are posted by private sellers on a given day. 750.000 per year. Nearly 1/3rd of gun ads on Armslist.com are posted by highvolume unlicensed sellers (approx. 4.218 people). Highvolume sellers posted 29% of the gun ads. Highvolume sellers posted 36.069 gun ads over 2 months. This would equate to around 243.800 guns each year by unlicensed sellers. 50% were familiar with federal laws but decided they didnt apply to them. 1/3rd of "wanttobuy" ads are posted by people with a criminal record. More than 4 times the rate at which prohibited gun buyers try to buy guns in stores. Approximately 25.000 guns are in illegal hands. Mr. Speaker. I yield back the balance of my time.