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GAO-09-125R 1 (2009-05-21)

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T M   WAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


         May 21, 2009



         The Honorable John Conyers, Jr.
         Chairman
         Committee on the Judiciary
         House of Representatives

         The Honorable Robert C. Scott
         Chairman
         Subcommittee on Crime, Terrorism, and Homeland Security
         Committee on the Judiciary
         House of Representatives

         The Honorable Frank R. Lautenberg
         United States Senate

         Subject: Firearm and Explosives Background Checks Involving Terrorist Watch List
         Records

         This letter formally transmits the enclosed briefing in response to your request.
         Specifically, you requested that we update our January 2005 report entitled, Gun
         Control and Terrorism: FBI Could Better Manage Firearm-Related Background
         Checks Involving Terrorist Watch List Records, GAO-05-127 (Washington, D.C.: Jan.
         19, 2005).

         Under the Brady Handgun Violence Prevention Act and implementing regulations, the
         Federal Bureau of Investigation (FBI) and designated state and local criminal justice
         agencies use the FBI's National Instant Criminal Background Check System (NICS) to
         conduct checks on individuals before federal firearms licensees (gun dealers) may
         transfer any firearm to an unlicensed individual.' Also, to assist the Bureau of
         Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI conducts NICS
         background checks on individuals seeking to obtain a federal explosives license or
         permit.2 Under current law, there is no basis to automatically prohibit a person from



         'Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
         2 See Safe Explosives Act, Pub. L. No. 107-296, 116 Stat. 2135, 2280 (2002) (Title XI, Subtitle C of the
         Homeland Security Act of 2002), as amended.


GAO-09-125R NICS and Terrorist Watch List Records

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