Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Memorializes Congress to enact legislation enhancing safeguards prior to sale of firearms.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution memorializing the United States Congress to enact legislation to reduce the risk of harm from firearm sales.
Whereas, More Americans have been killed by guns since 1968 than have died in all the United States wars combined, beginning with the Revolutionary War, and weaknesses in this nation's gun laws have resulted in a clear and imminent danger to its citizens; and
Whereas, In recent years the United States has been witness to numerous horrific and preventable firearms-related mass tragedies which have heightened awareness of the danger that exists when adequate protections are not utilized to ensure that only responsible gun owners have access to firearms; and
Whereas, On June 12, 2016 in Orlando, Florida, an assault weapon was used to commit the worst mass shooting in the nation's history in which 49 people were killed and 53 others were injured; and
Whereas, The gunman who committed this mass shooting was on a terror watch list from 2013 to 2014, yet was able to legally purchase the weapons he used to commit this atrocity; and
Whereas, On December 2, 2015, a husband and wife armed with four guns, including two assault firearms, killed 14 people at a holiday party in San Bernardino, California; and
Whereas, On December 14, 2012, a man armed with assault firearms committed an unthinkable act of violence, killing 20 children and six adults in an elementary school in Newtown, Connecticut; and
Whereas, On July 20, 2012, an assault firearm was used to kill 12 and wound 70 others at a movie theater in Aurora, Colorado; and
Whereas, Notably, the shooters in each of these horrific attacks were armed with at least one assault weapon; and
Whereas, The guns purchased to commit 63 of the 79 mass shootings since 1982 were purchased legally; and
Whereas, In 2004, Congress allowed the 1994 federal ban on the sale of semi-automatic assault weapons and large capacity ammunition feeding devices to expire, even though these weapons cause devastating wounds and penetrate body armor, and are the "weapon of choice" for mass shooters, drug traffickers, weapons traffickers, gangs, and paramilitary extremist groups; and
Whereas, Assault firearms are banned in the State of New Jersey and six other states, as well as in the District of Columbia, but are legal in the overwhelming majority of states; and
Whereas, It is clear that a federal ban on assault firearms is necessary in order to protect the public safety and prevent further deaths by firearms; and
Whereas, Although federal law requires licensed firearms dealers to perform background checks on prospective purchasers and maintain records of all gun sales, it does not require unlicensed private sellers to do so; and
Whereas, Unlicensed individuals frequently sell guns, including assault weapons, at gun shows without background checks; and
Whereas, Guns used in the Columbine High School and 101 California Street massacres, and the 2010 Pentagon shooting had all been purchased at gun shows; and
Whereas, Congressional action to require criminal background checks for all gun sales, including gun show sales, is essential to protecting the public from the violent acts that result from these sales; and
Whereas, Unlike felons, the dangerously mentally ill, and certain drug abusers, federal law does not prohibit those on the terror watchlists from purchasing guns; and
Whereas, This weakness in the nation's gun laws, known as the "terror gap," has resulted in devastating consequences; and
Whereas, In addition to the Orlando shooter, suspected terrorists have used firearms in a number of high-profile shootings, such as in the firefight that followed the Boston Marathon bombing and the November 2009 massacre at Fort Hood; and
Whereas, According to the Law Center to Prevent Gun Violence, known or suspected terrorists attempted to purchase guns from American dealers at least 2,233 times between 2004 and 2014, succeeding 91 percent of the time, and on more than 1,300 occasions, the Federal Bureau of Investigation (FBI) was unable to block sales to known or suspected terrorists because the person did not fall into a prohibited category; and
Whereas, New Jersey is the only State that has taken appropriate steps to address the terror gap; and
Whereas, It is clear that action by Congress to prohibit gun sales to those listed in the FBI's Terrorist Screening Database, including the No Fly List, and the Terrorist Identities Datamart Environment, is necessary in order to restore the public safety and prevent further deaths by firearms; and
Whereas, In order to protect our nation's children and other citizens from further danger of gun violence, Congress is urged to reinstate and strengthen the assault weapons ban; require criminal background checks for all gun sales, including gun show sales; and prohibit those on the FBI terror watchlists from purchasing firearms; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. The United States Congress is respectfully memorialized to enact legislation reinstating and strengthening the assault weapons ban; requiring criminal background checks for all gun sales, including gun show sales; and prohibiting those listed on the FBI terror watchlists, including the Terrorist Screening Database, the No Fly List, and the Terrorist Identities Datamart Environment, from purchasing firearms.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate and the Clerk of the General Assembly to the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to every member of Congress elected from this State.
STATEMENT
This concurrent resolution memorializes the United States Congress to enact legislation that protects against harm resulting from the sale of firearms to dangerous individuals.
The resolution underscores that the overwhelming facts support reinstating and strengthening the assault weapons ban; requiring criminal background checks for all gun sales, including gun show sales; and prohibiting those listed in the FBI Terrorist Screening Database, the No Fly List, and the Terrorist Identities Datamart Environment, from purchasing firearms.
It is imperative that Congress take these actions to ensure that only responsible gun owners have access to firearms and to prevent future deaths from firearm violence.