Terrorist Watch List Screening and Brady Background Checks for Firearms

Summary

The November 2009 shooting at Fort Hood, TX, renewed interest in terrorist watchlist screening and Brady background checks for firearms through the National Instant Criminal Background Check System (NICS). In the 110th Congress, Senator Frank Lautenberg and Representative Peter King introduced a bill based on a legislative proposal developed by DOJ that would have authorized the Attorney General to deny the transfer of firearms or the issuance of firearms (and explosives) licenses/permits to "dangerous terrorists." They reintroduced this proposal in the 111th Congress and supporters dubbed it the "Terror Gap" proposal. It was reintroduced once again in the 112th Congress. The Terror Gap proposal raises several potential issues for Congress, which are discussed in this report.