Thank you for contacting me about national firearms policy. I appreciate hearing from you on this important issue.
Like many Pennsylvanians, I have long been a supporter of the Second Amendment. Americans have an individual right to bear arms for self-protection, hunting, and recreation. During my time in the Senate, I have consistently defended Second Amendment rights. For instance, I have voted against a proposal to ban certain semi-automatic pistols and shotguns.
That said, I also believe that firearms should be used responsibly and safely. People who use guns in an illegal manner or harm others with them should be punished to the fullest extent of the law. Firearms should be kept out of the hands of terrorists, convicted criminals, and the dangerously mentally ill.
Since the recent tragic massacres in Parkland, FL, Sutherland Springs, TX, and Las Vegas, NV there have been renewed calls for Congress to take action to confront gun violence. I believe that Congress can and should take steps to address this issue.
First, the Air Force's failure to report Sutherland Springs, TX shooter's criminal record to the FBI is deeply troubling and unacceptable. We must ensure that the federal agencies and states are reporting relevant records to the procedures to NICS to help prevent future tragedies from occurring. To that end, I was a cosponsor of the bipartisan Fix NICS Act, which was supported by the National Rifle Association and passed both chambers of Congress on March 23, 2018. This new law will help to ensure that federal and state authorities comply with existing requirements to report criminal and other records to NICS. Among its provisions, the bill penalizes federal agencies that fail to comply with reporting requirements and incentivizes states to improve their overall reporting.
Secondly, we should take steps to improve and expand criminal background checks. Towards that end, on multiple occasions since 2013, I joined Senator Joe Manchin (D-WV) in introducing a bipartisan amendment regarding national firearm policy. Our amendment would have encouraged states to submit court records to NICS and would have expanded the federal background check requirement for gun sales to apply to sales at gun shows and sales over the Internet. Such common sense measures are already the law in Pennsylvania. Our amendment also provided law abiding citizens with expanded opportunities to exercise their Second Amendment rights, including measures to help veterans regain their Second Amendment rights and to allow individuals to purchase firearms across state lines.
Thirdly, we should take additional steps to assist states with enforcing existing laws against individuals who attempt to purchase firearms but are legally prohibited from doing so, such as convicted felons. Individuals who are willing to "lie and try" to buy a gun may be dangerous and willing to obtain guns through other means. These attempted purchases often violate federal and state laws. Unfortunately, the federal government rarely prosecutes any of these individuals. In addition, state authorities in the 37 states and the District of Columbia rely on the FBI to run some or all of their background checks and are generally not aware when prohibited persons fail background checks run by the FBI.
This is why, on March 5, 2018, I introduced the bipartisan NICS Denial Notification Act (S. 2492) with Senators Chris Coons (D-DE), Marco Rubio (R-FL), and Bill Nelson (D-FL). Our legislation requires the FBI to notify state law enforcement within 24 hours when a person who is prohibited from getting a gun lies about their background in an attempt to buy one. S. 2492 provides state law enforcement with critical intelligence that they can use to try to keep their communities safe.
We must work together to forge a bipartisan consensus on gun safety, rather than talk past one another with partisan rhetoric. In my view, keeping guns out of the hands of terrorists, convicted criminals, and the dangerously mentally ill is not gun control, but a common sense public safety measure that is fully consistent with my strong support of Second Amendment rights. I remain committed to working with my Senate colleagues to find sensible, bipartisan solutions to address gun safety.
Thank you again for your correspondence. Please do not hesitate to contact me in the future if I can be of assistance.
Sincerely,


Pat Toomey
U.S. Senator, Pennsylvania