Posted: 10/30/2010 12:21:18 PM EDT
We all know our fine Senator Lautenberg has nothing but the best intentions for us and our countrymen. 
FIREARMS, EXPLOSIVES FIREARMS, EXPLOSIVES AND TERRORISTS: AND TERRORISTS: A LOOMING THREAT A LOOMING THREAT A MAJOR U.S. VULNERABILITY A MAJOR U.S. VULNERABILITY "The attacks in Mumbai and Lahore are evidence of a shift in tactics from suicide bombs to a commando- style military assault with small teams of highly trained, heavily armed operatives launching simultaneous, sustained attacks. We're paying very close attention to this trend." – New York City Police Commissioner Raymond Kelly A REPORT BY THE OFFICE OF SENATOR FRANK R. LAUTENBERG TABLE OF CONTENTS EXECUTIVE SUMMARY...........................................................................3 COMMANDO-STYLE ATTACKS ABROAD...................................................4 THE GROWING THREAT AT HOME............................................................6 CURRENT U.S. GUN LAWS INCREASE RISK OF............................................9 COMMANDO ATTACKS AVAILABILITY OF FIREARMS AND EXPLOSIVES IN THE U.S. ......................11 PROPOSED LEGISLATION THAT WILL HELP PREVENT THE NEXT ATTACK....12 CONCLUSION: THE TERROR GAP IN AMERICAN LAW PUTS AMERICANS ......13 AT GREAT RISK 2 EXECUTIVE SUMMARY On the evening of November 26, 2008, ten gunmen came ashore from the Arabian Sea on small boats and held Mumbai, India hostage for 62 hours. Using automatic weapons and explosives, they killed indiscriminately and left in their wake 165 innocent people dead and hundreds more injured. Calculated to send an international message of terror, they attacked the main train station, two hotels, a Jewish cultural center, a café frequented by foreigners, a train station, a movie theater and two hospitals. Over the last decade, a new style of terrorist attack has emerged. We have seen a rise in the use of commando-style tactics: attacks by individuals or small groups, armed with both firearms and/or explosives, attacking civilians in urban areas. The most notable example is the November 2008 attacks in Mumbai, India, but this was not a singular incident. The attempted car bombing in Times Square on May 1, 2010 was the most recent incident of this trend and law enforcement officials have recently warned that another Mumbai-style commando attack is possible on targets in the West. Yet instead of making us safer, U.S. law is enabling suspected terrorists to purchase the guns and explosives they need to carry out just such an attack. The “Terror Gap” – which prohibits the government from stopping people on the terrorist watch list from purchasing guns and explosives must be closed before it is too late. Given the trend in terror attacks toward firearms and explosives, this loophole in the law is a clear and present danger to the safety of American communities. Following the Mumbai attacks, Federal Bureau of Investigation (FBI) Deputy Assistant Director James W. McJunkin testified to a U.S. House of Representatives subcommittee that one of the principal lessons learned from Mumbai was that a small number of trained and determined attackers with relatively unsophisticated weapons could do a great deal of damage.1 He voiced the FBI’s concern that other terrorist groups, including al Qaeda and its affiliates, would take note and attempt to emulate attacks like Mumbai.2A new report concluded that these small, but potentially deadly attacks are part of an al Qaeda strategy and will likely continue to increase in the United States.3 1 Statement of James W. McJunkin, Deputy Assistant Director, Counterterrorism Division, Federal Bureau of Investigation, Committee of House Homeland Security Subcommittee on Transportation and Infrastructure Protection, March 11, 2009 (http://www.fbi.gov/congress/congress09/mcj031109). 2 Id. 3 Peter Bergen and Bruce Hoffman, “Assessing the Terrorist Threat,” Bipartisan Policy Center’s National Security Preparedness Group, September 10, 2010 (http://www.bipartisanpolicy.org/library/report/assessing- terrorist-threat). 3 COMMANDO-STYLE ATTACKS ABROAD Mumbai On the evening of November 26, 2008, ten gunmen came ashore from the Arabian Sea on small boats and attacked numerous high-profile targets in Mumbai, India, with automatic weapons and explosives. By the time the episode ended some 62 hours later, 165 civilians and policemen, along with nine terrorists, had been killed and hundreds more injured. Among the multiple sites attacked in the peninsular city known as India’s business and entertainment capital were two luxury hotels—the Taj Mahal Palace and the Oberoi-Trident— along with the main railway terminal, a Jewish cultural center, a café frequented by foreigners, a cinema house, and a hospital. Six American citizens were among the 26 foreigners reported dead. An Indian Court found that the gunmen were trained and sent by Lashkar-e-Taiba (LeT), a Pakistan-based terrorist group. According to reports they received training in handling weapons, bomb making and survival strategies. The LeT is believed to have past links with Pakistan’s military and intelligence services, as well as with al Qaeda. In the years since its 1990 emergence, its aspirations have grown to include anti-U.S. and global jihadism. Attacks throughout India and Pakistan In addition to the November 2008 Mumbai attacks, the LeT is credited with initiating fidayeen (suicide squad) attacks in Indian Kashmir in the early 1990s and has employed such tactics beyond Kashmir since that time. In December 2001, five gunmen attacked India’s Parliament complex. A 50-minute gun battle left all five gunmen dead as well as killing seven security guards and a gardener who was caught in the crossfire. Other high-profile attacks include a July 2001 assault on the Srinagar, Kashmir, airport by six gunmen. After the attack, three AK-56 rifles, 12 hand grenades and 480 rounds of ammunition were recovered from the men.4In May 2002 three gunmen staged an attack on military families on a bus and in a residential complex near Kaluchak, Kashmir. The gunmen killed 31 people, including 11 children, the youngest a two-month-old girl. 5Seven assault-rifle cartridges were found scattered around the bus where the attacks began. According to the South Asia Terrorism Portal, all LeT cadres receive formal training in the use of automatic weapons, pistols, rocket launchers, and hand grenades.6The organization is known to recruit internationally, including inside the United States, as evidenced by the 2003 indictment and subsequent conviction on terrorism-related charges of 11 men from the Washington, D.C. area.7 4 “Police ‘foil’ Delhi airport attack,” CNN, Feb. 21, 2004 (http://www.cnn.com/2004/WORLD/asiapcf/02/21/kashmir.arrests/index.html). 5 “Kaluchak keeps the flag of vengeance flying,” The Guardian, June 8, 2002 (http://www.guardian.co.uk/world/2002/jun/08/pakistan.india1). 6 See http://www.satp.org/satporgtp/countries/india/states/jandk/terrorist_outfits/lashkar_e_toiba.htm. 7 “Hardball Tactics in an Era of Threats,” The Washington Post, September 3, 2006 (http://www.washingtonpost.com/wp-dyn/content/article/2006/09/02/AR2006090201096.html). 4 The LeT is not the only group to employ commando-style tactics. Other notable incidents in Pakistan include an October 2001 attack on a Christian church in Bahawalpur by Islamist militants armed with automatic weapons; 16 people were killed, most of them women and children. In 2002, there were at least four instances of similar attacks targeting Pakistan’s Shiite and Christian minorities. After a lull from 2003-2006, the years 2007 and 2008 saw three more such attacks before a new spate in 2009. In March 2009, a convoy of Sri Lankan cricketers was attacked by a dozen gunmen with Kalashnikov assault weapons, grenades and rocket launchers; six policemen and two bystanders were killed. Later that month, ten terrorists armed with automatic rifles and grenades killed nine police recruits near Lahore. In October, ten militants dressed in military uniforms attacked Pakistan’s army headquarters in Rawalpindi; nine soldiers and two civilians were killed. Days later, a group of 9 – 10 heavily-armed terrorists with AK-47’s, grenades and other explosives laid siege to Lahore, carrying out simultaneous assaults on three buildings across the city. The attacks left approximately 17 dead. In December 2009, a group of 8 – 10 commandos attacked the Pakistani military headquarters. After a 45-minute gunfight, during which four of the attackers were killed, several others fled into the building and took 42 people hostage for 18 hours. During the course of 2009, there were also several gun attacks targeting senior Pakistani military officers as they drove in their cars. Most of the recent attacks have been attributed to the Tehrik-e-Taliban, an agglomeration of Islamist militants based in western Pakistan and allied with Al Qaeda, the Afghan Taliban, and several other Pakistan-based terrorist groups. Kabul On January 18, 2010 insurgents attacked several locations in Kabul, Afghanistan near President Hamid Karzai’s palace. Much of the assault was conducted at the time that Karzai was swearing in members of his cabinet. About 70 people were wounded in the attacks, of which 35 were civilians. Seven militants were killed, as were five civilians, including one child. Two police officers and one Afghan National Directorate of Security (NDS) officer were killed in the course of defeating the attackers. Most of the casualties were caused by the militants’ use of hand grenades. The attackers were also armed with machine guns. At least seven militants participated in the attacks, although a Taliban spokesperson after the attack said that 20 militants were involved.8 8 See, e.g., “Taliban Attacked Civilian Targets, Shows Weakness, Say Afghan Security Officials,” Kabul National TV Afghanistan in Dari, January 18, 2010, carried in Open Source Center; “BBC Monitoring: Afghanistan Briefing January 18” BBC Monitoring in English, January 18, 2010, carried in Open Source Center; and “Taliban Attacks Paralyze Afghan Capital,” CBS News/Associated Press, January 18, 2010 (http://www.cbsnews.com/stories/2010/01/18/world/main6109254.shtml). 5 THE GROWING THREAT AT HOME U.S. and European officials have recently said that they detected a plot to carry out a major, coordinated series of commando-style terror attacks in the West.9Police authorities in London have taken the step of specifically warning businesses of the threat of such an attack.10 On October 14th, under orders from New York City Police Commissioner Raymond Kelly, the New York City police department conducted a drill that simulated a Mumbai-style attack, including simulating multiple bombs and shooters.11 Commissioner Kelly stated at a U.S. House of Representatives Homeland Security Hearing in 2009: The attacks in Mumbai and Lahore are evidence of a shift in tactics from suicide bombs to a commando-style military assault with small teams of highly trained, heavily armed operatives launching simultaneous, sustained attacks. We're paying very close attention to this trend.12 Recent events only confirm Commissioner Kelly’s concerns. Although involving lone attackers, shootings at Ft. Hood in November 2009, in Arkansas in June 2009 and the attempted bombing in Times Square in May 2010, show a successful effort to invoke terror and disruption in the United States, not by using high-explosives on national landmarks or monuments, but by using readily available firearms and explosives to kill and terrorize. As stated by a former CIA case officer, “The grim success of the firearm-based attack of Army psychiatrist Nidal Hasan at Fort Hood, Texas, killing 13 and wounding 29, suggests that even an unsupported individual can pose a grave threat, if he avoids the complexities involved in effectively constructing and detonating an IED and sticks to the simplicity, reliability, and ready availability of guns.”13 Ft. Hood On November 5, 2009, U.S. Army Major Nidal Malik Hasan shot 13 people to death and wounded 38 at Fort Hood, Texas. 14He reportedly carried a FN Herstal 5.7mm semiautomatic pistol.15 Prior to the shootings, Hasan had reportedly corresponded by e-mail with a radical Muslim imam, Anwar al-Awlaki, who U.S. authorities long suspected of having substantial ties 9 U.S. to Issue Terror Warnings to Americans in Europe, Guardian U.K. October 3, 2010 (http://www.guardian.co.uk/world/2010/oct/03/americans-europe-terror-alert-warning). 10 “Police expect Mumbai-style terror attack on City of London,” The Times (UK), December 20, 2009 (http://www.timesonline.co.uk/tol/news/uk/crime/article6962867). 11 “Planning for an Attack and Arguing Over the ‘Fifth Man’,” New York Times, October 14, 2010 (http://cityroom.blogs.nytimes.com/2010/10/14/planning-for-an-attack-and-arguing-over-the-fifth-man). 12 Statement of Raymond W. Kelly, Police Commissioner New York City, Committee on House Homeland Security, Subcommittee on Transportation Security and Infrastructure Protection, March 11, 2009. 13 Art Keller, “Why was Faisal Shazad a Bad Bombmaker?” Foreign Policy, May 14, 2010 (http://afpak.foreignpolicy.com/posts/2010/05/14/bad_bombmakers). 14 Michael Bloomberg and Thomas Kean, “Enabling the Next Fort Hood?” The Washington Post, Nov. 27, 2009 (http://www.washingtonpost.com/wp-dyn/content/article/2009/11/25/AR2009112503655.html). 15 “Cop Killer Gun Used in Ft. Hood Shooting, Officials Said,” ABC News, Nov. 6, 2009 (http://abcnews.go.com/Blotter/cop-killer-gun-thought-ft-hood-shooting/story?id=9019521). 6 to al Qaeda.16 It is unclear at what level Hasan was being scrutinized by the FBI. After the shooting it was reported that the FBI had run down intelligence leads relating to Hasan in 2008, but closed the inquiry sometime in early 2009.17If Hasan had been watchlisted, which would have been required if he had been the subject of a terrorism investigation,18 there is a possibility that the FBI would have been alerted when Hasan legally purchased a pistol in August 2009 from a gun store in Texas.19 However, even if Hasan had been watchlisted, it would not by itself have been enough to prevent his gun purchase since being a known or suspected terrorist is not a bar under the current law to prohibit the purchase of a gun. Little Rock On June 1, 2009, Abdulhakim Mujahid Muhammad killed one U.S. soldier and seriously wounded another outside of a Little Rock, Arkansas, Armed Forces recruiting station.20He used a SKS 7.62mm rifle to commit the murder. In his car the police found a virtual arsenal, including a Mossberg International 702 22 cal Loge rile with a scope and laser, an SKS 7.26 x 39 Assault Rifle, Lorein model l380 semi-automatic handgun and hundreds of rounds of ammunition as well as binoculars and homemade silencers.21Before the shooting, Muhammad had used a “Google Maps” application to investigate recruiting centers in at least five states, as well as Jewish institutions, a day-care center, a post office and a Baptist Church, according to a report issued by the Department of Homeland Security.22 In a handwritten note to the presiding judge in his court case, Muhammad referred to the shooting as a “Jihadi Attack.” In the note, he claimed ties to al Qaeda in the Arabian Peninsula and dubbed himself a soldier for them.23Muhammad had spent 16 months in Yemen, starting in the fall of 2007, but was imprisoned in November 2008 for overstaying his visa and was deported back to the U.S. in January 2009. While he was imprisoned the Yemeni authorities discovered he possessed fake Somali identification papers. Counterterrorism experts consider Somalia a training ground for Islamic extremists. The FBI is reported to have interviewed Muhammad before the shooting, including while he was in prison in Yemen and then again in Nashville soon after he returned. According to law enforcement officials, the episode in Yemen prompted a preliminary inquiry by the FBI and other American law enforcement agencies into whether he had ties to extremist groups. The 16 Carrie Johnson, Spencer C. Hsu, and Ellen Nakashima, “Hasan Had Intensified Contact with Cleric: FBI Monitored E-mail exchanges; Fort Hood Suspect Raised Prospect of Financial Transfers,” Washington Post, Nov. 21 2009 (http://www.washingtonpost.com/wp-dyn/content/article/2009/11/20/AR2009112004381.html). 17 Pierre Thomas and Jason Ryan, “Alleged Fort Hood Shooter Bought Gun, Despite Ongoing Terrorism Investigation,” ABC World News, Nov. 11, 2009 (http://abcnews.go.com/Politics/fort-hood-shooter-obtained- weapon-ongoing-terrorism-investigation/story?id=9058803). 18 U.S. Department of Justice, Office of Inspector General, Audit Division, Federal Bureau of Investigation’s Terrorist Watchlist Nomination Practices, Audit report 09-25 at 11, May 2009. 19 Pierre Thomas and Jason Ryan, supra note 17. 20 Steve Barnes and James Dao, “Gunman Kills Soldier Outside Recruiting Station,” New York Times, June 2, 2009 (http://www.nytimes.com/2009/06/02/us/02recruit.html). 21 Officers Report, Arrest of Abdulhakim Mujahid Muhammad, June 1, 2009 (http://a.abcnews.go.com/images/Politics/Muhammad-Search.pdf). 22 Pierre Thomas, Richard Esposito and Jack Date, “Recruiter Shooting had Ties to Extremist Locations,” ABC World News, June 3, 2009 (http://abcnews.go.com/Politics/story?id=7732467&page=1). 23 James Dao, “A Muslim Son, a Murder Trial, and Many Questions,” The New York Times, February 16, 2010 (http://www.nytimes.com/2010/02/17/us/17convert.html). 7 investigation was reportedly inconclusive, and it is unclear whether Muhammad was ever placed on a watch list. Times Square On May 1, 2010, a car bomb was discovered in Times Square when street vendors alerted police that smoke was coming from the vehicle. New York City police, FBI agents, and members of the Joint Terrorist Task Force evacuated thousands of people from Times Square while they investigated the device. The car contained gasoline, propane, firecrackers, alarm clocks, and bags of a non-explosive grade of fertilizer. While the device started to detonate, there was no explosion. Police said that the bomb could have caused a large fireball and a number of casualties. Police arrested Faisal Shahzad two days later as he was boarding a flight from Kennedy Airport to Dubai. A loaded semi-automatic rifle was found inside the car Shahzad drove to the airport. Shahzad, a naturalized U.S. citizen originally from Pakistan, pled guilty and was sentenced to life in prison without parole for 10 counts of terrorism, including attempting to use a weapon of mass destruction and terrorism transcending national boundaries. He had recently returned from five months in Pakistan and told the court that he had received explosives training and was paid by Tehrik-e-Taliban Pakistan (TTP) – the Pakistani Taliban. U.S. investigators confirmed TTP’s involvement and multiple arrests have been made in Pakistan in relation to the case. Shahzad called himself a “Muslim Soldier.”24 At his sentencing, Shahzad told the courtroom: “Brace yourselves, because the war with Muslims has just begun.”25 24 See, e.g., Mark Mazzetti & Scott Shane, “Evidence Mounts for Taliban Role in Bomb Plot,” New York Times, May 6, 2010 (http://www.nytimes.com/2010/05/06/nyregion/06bomb.html); Benjamin Weiser & Colin Moynihan, “Guilty Plea in Plot to Bomb Times Square,” New York Times, Jun. 22, 2010 (http://www.nytimes.com/2010/06/22/nyregion/22terror.html); Jerry Markson, “Would-Be Times Square Bomber Gets Life In Prison,” Washington Post, Oct. 5, 2010 (http://www.washingtonpost.com/wp- dyn/content/article/2010/10/05/AR2010100500461.html?hpid=moreheadlines). 25 U.S. v. Faisal Shahzad, 10 Cr. 541, SDNY, Sentencing Transcript, Oct. 5, 2010, p. 3 at 22 – 23. 8 CURRENT U.S. GUN LAWS INCREASE RISK OF COMMANDO ATTACKS “In other countries, e.g. some states of USA...it is perfectly legal for members of the public to own certain types of firearms. If you live in such a country, obtain an assault rifle legally, preferably AK-47 or variations, learn how to use it properly and go and practice in the areas allowed for such training.” – From a manual titled How I Can Train Myself for Jihad, found in 2001 in a terrorist safe house in Afghanistan. This manual contains an entire section on “Firearms Training” and singles out the United States for its easy availability of firearms. Current gun laws in the United States only increase the risk of a commando-style attack in the United States. First, under current law, known or suspected terrorists are not prohibited from purchasing guns and explosives in the United States. Second, firearms and explosives akin to the types used in the commando-style attacks abroad are readily available. Terrorists Are Not Prohibited from Purchasing Guns and Explosives in the U.S. As amended by the Brady Handgun Violence Prevention Act in 1993,26 the Gun Control Act (GCA) of 1968 requires background checks (referred to as “Brady background checks”) to be completed for all non-licensed persons seeking to obtain firearms from a licensed firearms dealer. The GCA prohibits certain categories of persons from possessing or purchasing firearms or ammunition. Those categories generally cover: (1) persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) fugitives from justice; (3) users or addicts of drugs; (4) persons adjudicated as a mental defective or committed to mental institutions; (5) illegal immigrants and nonimmigrants; (6) persons dishonorably discharged from the U.S. Armed Forces; (7) persons who have renounced their U.S. citizenship; 26 P.L. 103-159, codified at 18 U.S.C. § 922(t). 9 (8) persons restrained under a court-order from harassing, stalking, or threatening an intimate partner or child of such intimate partner; and (9) persons convicted of misdemeanor domestic violence.27 Thus, even if the Brady background check reveals that the prospective purchaser is a known or suspected terrorist, nothing prevents that person from purchasing a gun or explosives unless he or she meets one of the nine other prohibiting factors, such as being a convicted felon, illegal immigrant or domestic abuser. This loophole in federal law - the “Terror Gap” - keeps the federal government from stopping the sale of a gun or explosive to a known or suspected terrorist. GAO Report Shows Suspected Terrorists Exploiting Loophole The Government Accountability Office (GAO) released in May 2010 updated data originally requested by Senator Lautenberg that showed that from February 2004 through February 2010, there were 1,228 cases in which a known or suspected terrorist identified in federal terrorist watch list records attempted to buy a gun or explosives. In 91 percent of these cases—a total of 1,119 different times—the known or suspected terrorist was cleared to buy a firearm or explosive.28 Significantly, under current U.S. law and the laws of most states, background checks are not even required for private transactions, such as at a gun show or flea market, between non-licensed persons who are not “engaged in the business” as a firearms dealer.29A person who is not “engaged in the business” of dealing firearms may transfer guns to another person without a Brady background check as long as he does not do so knowingly to a prohibited person, and as long as he does not knowingly transfer a gun to a person who is not a resident of the state in which the transfer occurs.30 However, recent reports suggest that sales at gun shows are completed directly in violation of these restrictions.31The absence of a 27 18 U.S.C. §§ 922(g) and (n). What GAO Found From February 2004 through February 2010, FBI data show that individuals on the terrorist watchlist were involved in firearm or explosives background checks 1,228 times; 1,119 (about 91 percent) of these transactions were allowed to proceed because no prohibiting information was found—such as felony convictions, illegal immigrant status, or other disqualifying factors—and 109 of the transactions were denied. In response to a recommendation in GAO’s January 2005 report, the FBI began processing all background checks involving the terrorist watchlist in July 2005— including those generated via state operations—to ensure consistency in handling and ensure that relevant FBI components and field agents are contacted during the resolution of the checks so they can search for prohibiting information. 28 GAO-10-703T, “Terrorist Watchlist Screening: FBI Has Enhanced Its Use of Information from Firearm and Explosives Background Checks to Support Counterterrorism Efforts,” Testimony Before the Senate Committee on Homeland Security and Governmental Affairs, U.S. Senate, Statement of Eileen R. Larence (May 5, 2010). 29 A person is “engaged in the business” as a firearms dealer if he devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through repetitive purchase and resale of firearms. The term does not apply to a person who makes occasional sales, exchanges, or purchase of firearms for the enhancement of a personal collection or hobby, or who sells all or part of his personal collection of firearms. See 18 U.S.C. § 921(a)(21). 30 See 18 U.S.C. § 922(a)(5). 31 "Undercover stings expose 'gun show loophole," USAToday, Oct. 7, 2009 ("In each purchase, the investigator showed interest in buying a gun, agreed on a price and then indicated that he probably could not pass a 10 requirement for a Brady background check for gun show sales is often referred to as the “gun show loophole.” Between the Terror Gap and gun show loophole, current U.S. law does little to prevent a known or suspected terrorist from purchasing firearms or explosives. AVAILABILITY OF FIREARMS AND EXPLOSIVES IN THE U.S. Many of the firearms and explosives used by the terrorists in the incidents referenced above in India, Pakistan and Afghanistan are readily available in the United States. For example, in the November 2008 Mumbai attacks, each of the ten terrorist attackers carried a Chinese-manufactured variant of the Kalashnikov AK-47 automatic assault rifle and seven 30-round ammunition magazines.32 They also carried 9mm pistols with two extra ammunition magazines and 8 to 10 grenades.33In addition, they had several improvised explosive devices that included a high explosive (RDX),34 as well as ball bearings for shrapnel.35 As described above, in the January 2010 Kabul attacks, the insurgents carried machine guns, grenades, and rocket launchers of unknown origin or manufacture. Semiautomatic versions of AK-47s and 9mm pistols are available for purchase and possession in the United States. While machine guns,36 including fully automatic AK-47s, are more strictly regulated in the United States and must be registered with the Attorney General to be legally manufactured, imported, transferred, or possessed, parts kits are available that can be used to convert a semiautomatic firearm to a machine gun (fully automatic), even though such an undertaking is illegal. Explosives found in improvised explosive devices (IEDs) in Iraq have been known to contain explosives with industrial applications, such as RDX (which is used as a booster in commercial explosives), TNT, PETN and HMX, that are available for purchase in the United States from industrial explosive manufacturers. To manufacture, import, transfer, or possess these high explosives, federal law requires licensing; however, as set forth above, being a known or suspected terrorist is not a bar under the current law to prohibit the transfer and purchase of background check. Most sellers allowed the purchases anyway, responding in some cases by saying, "I couldn't pass one either," or "I don't care," according to the videos. Two assault rifles and 20 semiautomatic handguns were bought this way, the report said.”) (http://www.usatoday.com/news/nation/2009-10-07-gun-show-stings_N.htm). 32 Angel Rabasa et al., The Lessons of Mumbai, Rand Corporation, Santa Monica, CA, 2009, at 5. 33 Id. 34 RDX, or Cyclo-Trimethylene Trinitramine, is a commercial high explosive that is often combined with TNT as a booster charge. It is also a component of the U.S. military demolition explosive C-4. For more information, see James T. Thurman, Practical Bomb Scene Investigation, 2006, at 69. 35 Angel Rabasa et al., The Lessons of Mumbai, Rand Corporation, Santa Monica, CA, 2009, at 5. 36 “Machine gun” is defined as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from a machine gun can be assembled if such parts are in the possession of control of a person.” 26 U.S.C. § 5845(b). 11 such explosives. Explosive black powder is also routinely available in many firearm stores in the United States. As set forth above, with the current gaps and loopholes in the existing law, known or suspected terrorists seeking to carry out a commando-style attack in the United States can purchase both the guns and explosives that they need for these attacks with relative ease. PROPOSED LEGISLATION THAT WILL HELP PREVENT THE NEXT ATTACK Enacting pending federal legislation would significantly help to raise the barriers to the successful planning and execution of a commando-style terrorist attack in the United States. Senator Lautenberg has introduced in the 111th Congress the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2009” (S.1317) in order to close the Terror Gap. The language of this bill reflects a legislative proposal originally made by the Department of Justice during the Bush Administration. Attorney General Eric Holder endorsed closing the Terror Gap in November 2009.37 Right now, a known or suspected terrorist can walk into a gun store and purchase a semi-automatic assault rifle, even if their background check reveals that they are on a government terrorist watch list. Under Senator Lautenberg’s proposal, S. 1317, the Attorney General would have discretionary authority to deny a gun or explosives purchase, if the Attorney General determines that the prospective purchaser is known or suspected to be a terrorist, and the Attorney General has a reasonable belief that the purchaser may use the gun or explosive in connection with terrorism. The bill would allow a denied prospective purchaser to request from the Attorney General the reasons for the denial, but it would also give the Attorney General the authority to withhold those reasons if he determines that such a disclosure would compromise national security. The bill would also allow any person denied a firearms-related transfer or permit to challenge that determination in federal district court within 60 days of that determination. By passing Senator Lautenberg’s bill, the federal government will be in a position to close the "Terror Gap" and stop the sale of a gun or explosives to a known or suspected terrorist - a direct barrier to planning and executing the commando-style attacks that have increased outside of the United States. Senator Lautenberg has also introduced the “Gun Show Background Check of 2009” (S. 843) to close the loophole in the current law that allows gun purchases at gun shows to be completed without any Brady background check. As it stands now, a known or suspected terrorist can walk into gun show in the majority of our states and purchase semi-automatic weapons without ever undergoing a background check. The bill introduced by Senator Lautenberg would ensure that all firearms sales at gun shows only be permitted after conducting a Brady background check on the purchaser and maintaining records of the transaction. If this 37 U.S. Senate Judiciary Committee, Hearing, Oversight of the U.S. Department of Justice (Nov. 18, 2009) (http://judiciary.senate.gov/hearings/hearing.cfm?id=4172). 12 legislation becomes law, known or suspected terrorists will no longer be able to simply walk into a gun show in the hopes of buying firearms without a background check. CONCLUSION The shootings at Ft. Hood in November 2009, in Little Rock, Arkansas in June 2009 and the attempted bombing in Times Square in May 2010, are part of mounting evidence that it is only a matter of time until a Mumbai-style attack takes place in the U.S. The “Denying Firearms and Explosives to Dangerous Terrorists Act of 2009” (S.1317) and the “Gun Show Background Check of 2009” (S. 843) will help keep guns out of terrorists’ hands. Closing the gaps in U.S. law enabling terrorists to purchase the guns and explosives they need to carry out such an attack must be a national security priority. The continued failure to treat it as such puts the American public at great risk. 13 |
| He is such an asshole, a friend went to Valley Forge, when he took out his wallet to buy some ammunition....the guy saw the NJDL and would not sell to him. Same with magazines, when I was finally allowed to carry off duty, my Director would not sign for 15 round mags for my Glock 23. I got 10 round mags, I got 15 rd ones from CDNN, all legal as I could have them as a civilian. They could not understand the logic of carrying compatable mags with the cop on duty...that just ran dry. |
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I have an idea...
How about you pas a law that allows all lawful citizens to carry anywhere in the name of "National Security" THAT WAY when the nasty boogyman shows up to play "Jihad Johnny" somebody has the chance to return fire, take his ass out and send him on to his meeting with Allah... Nah, baning everything is a whole lot easier. RW3 
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