WASHINGTON, D.C. – U.S. Senator Shelley Moore Capito (R-W.Va.) issued the following statement regarding her support for an amendment that would prevent terrorists from purchasing firearms while also protecting Americans’ constitutional rights:
“The horrific act of terrorism in Orlando is a stark reminder that America is under attack by terrorists who want to destroy our freedoms and our way of life. In order to prevent future attacks we need a clear strategy to defeat ISIS, and we need to ensure law enforcement has the right tools to identify and apprehend potential threats,” said Senator Capito.
“I strongly believe that terrorists should be prevented from buying guns. This is why I voted to stop terrorists and those who have recently been investigated for potential ties to terrorism from buying guns or explosives while also protecting the constitutional rights of law-abiding Americans. As we work to strengthen our national security, we must always remember the freedoms we are fighting to protect,” Capito added.
An amendment offered by Senator John Cornyn, which Senator Capito voted in favor of, ensures that federal, state and local law enforcement officials are notified immediately if any person being investigated as a terrorist - currently or within the past five years - attempts to buy a gun. The Attorney General will unilaterally block a transaction for three business days to allow for further investigation, and an action filed in federal district court to block the transaction is given the highest priority on the court’s docket.
The court will permanently block the firearm or explosives transaction if it finds probable cause that an individual is or will be involved in an act of terrorism. The suspected terrorist may also be arrested or detained if probable cause is found. This amendment stops terrorists from buying guns in a constitutional way by providing due process for law-abiding Americans mistakenly placed on error-riddled terror watch lists.
An alternative amendment offered by Senator Dianne Feinstein, which Senator Capito voted against, would allow the Department of Justice to block the sale of a firearm to any person if it has reasonable suspicion without providing sufficient due process to individuals mistakenly placed on the list. Unlike the Cornyn amendment, the Feinstein amendment provides no mechanism for the arrest and detention of a suspected terrorist who tries to purchase a firearm.
Senator Capito also voted for an amendment offered by Senator Chuck Grassley that would improve the National Instant Background Check System database by providing states with more resources to transfer state court mental health records to the National Instant Background Check System database, and ensures that federal court records are provided to the database as well. This amendment would strengthen the enforcement of existing gun laws.
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