Gun-purchase rules shield some terrorism suspects

By Dan Eggen
The Washington Post

	Frank Lautenberg
	E-mail this article Print this article Search archive

WASHINGTON — The FBI has launched a new background-check system that notifies counterterrorism agents when suspects on its terrorist watch list attempt to purchase guns — but regulations prohibit them from getting details if the transaction actually occurs, according to federal officials familiar with the system.

If authorities block the purchase, however, the FBI is permitted to launch an investigation of the person who attempted to buy the weapon.

The result, according to the officials, is an awkward situation in which terrorism suspects who do not complete gun purchases may be located, while those toting lawfully purchased weapons may not be.

More than a dozen suspects on the FBI's terrorist watch list have attempted to buy guns since the system was implemented last spring, officials said. Authorities have declined to say how many succeeded.

The rules are the result of Attorney General John Ashcroft's interpretation of the Brady gun-control law, according to Justice Department officials, who said they are simply abiding by the federal firearms background-check system the law established.

The law bars authorities from sharing information with investigators about legal gun buyers and does not forbid terrorism suspects from purchasing firearms, officials said.

"Being a suspected member of a terrorist organization doesn't disqualify a person from owning a gun any more than being under investigation for a nonterrorism felony would," a Justice Department official said in a written statement.

Gun-control advocates said the rules endanger Americans by giving suspected terrorists an opportunity to evade scrutiny while obtaining weapons. The situation also has frustrated many law-enforcement officials who are eager to monitor the whereabouts and activities of suspected terrorist operatives and their associates.

"This policy is mind-boggling," said Sen. Frank Lautenberg, D-N.J., who has frequently clashed with Ashcroft on gun issues. "We could have a nationwide lookout for a known terrorist within our borders, but if he obtained a weapon, the Justice Department's policy is to refuse to reveal his location to law-enforcement officials."

Congressional staff members who were briefed on the situation last month were told that at least 13, and as many as 21, suspects on the watch list have attempted to purchase firearms since the system was established. Two law-enforcement sources said subsequently that the correct number is 13.

When someone on the watch list attempts to purchase a weapon, the FBI is allowed to search for additional reasons — such as a previous conviction or mental illness — to deny a purchase and launch further investigation, the Justice Department official said. But it can do no more unless such an indicator is found, the official said.

Narrow interpretation

Ashcroft — who has presided over an expansion of law-enforcement powers in the effort to prevent terrorism — has enforced a relatively narrow interpretation of the Brady law, which was named for James Brady, the press secretary wounded in the assassination attempt on President Reagan.

Shortly after the Sept. 11, 2001, terrorist attacks, Ashcroft's advisers stopped the FBI from comparing a list of Sept. 11 detainees against a list of approved gun purchasers, arguing that under the Brady law, the Justice Department is prohibited from using such records for law-enforcement purposes.

Before it was interrupted, the search had resulted in two matches, sources said at the time.

A Congressional Research Service report released earlier this year found that U.S. gun laws could be easily exploited by terrorists, who can get firearms and explosives by taking advantage of delays and loopholes in the system.

An al-Qaida training manual recovered by U.S. forces in Afghanistan included a chapter noting the ease with which firearms can be obtained in the United States and urged followers to "obtain an assault rifle legally, preferably an AK-47 or variations, learn how to use it properly and go and practice in the areas allowed for such training."

AK-47 rifles are prohibited under the current assault-weapons ban, but numerous copycat models are legally available.

Checking purchases

At the heart of the Brady law is the National Instant Criminal Background Checks System (NICS), a division of the FBI that reviews gun purchases through federally licensed firearms dealers.

The dealer transmits a form to the NICS, which runs a computerized check to make sure the applicant is not a member of several prohibited categories, including felons, illegal immigrants, convicted domestic abusers and those found by a court to be mentally ill.

Many of the files accessed during these checks are contained in the FBI's overall criminal database — the National Crime Information Center (NCIC) — which also contains other lists that are not used in the gun-purchase process. The Violent Gang and Terrorist Organization File (VGTOF) contains more than 10,000 names, most of them belonging to suspected terrorists or their alleged sympathizers and associates, officials said.

When the NICS runs a search on an attempted gun purchaser whose name is on the terrorist watch list, the FBI is notified and is able to contact a special anti-terrorism team at the NICS, sources said.

If the person was denied the ability to purchase a firearm, the agency is free to seek records of the transaction, these sources said.

But if the person was allowed to purchase a firearm, the NICS is generally prohibited under Justice rules from providing the FBI or any other agency with information about the transaction, including where it occurred and what personal data were provided on the purchase application, officials said.

'Obviously frustrating'

The FBI frequently does not know the whereabouts of people on the terrorist watch list, which means that learning where a firearm was purchased and what address the purchaser provided could be extremely helpful to counterterrorism investigators, several law-enforcement officials said.

"It's obviously frustrating for law enforcement in that kind of situation," one official said. "But we're just following the rules set by DOJ. ... We can't get in the middle of it."

Copyright © 2003 The Seattle Times Company