Statement of Sarah Brady, Handgun Control, Inc. My name is Sarah Brady. lam Vice Chair of Handgun Control, Inc., a national citizens organization working to keep handguns out of the wrong hands. | am here today in strong support of H.R. 975, introduced by Representative Edward Feighan. H.R. 975 has attracted more than 100 cosponsors. ... This legislation establishes a 7-day waiting period and allows for a background check on hand- gun purchasers Having previously testified before this subcommitige, | know many of you are familiar with my personal experience and my involvement with this issue. It seems very odd to me that its in question whether we should act to keep hand- guns out of the wrong hands, for that is what this debate is about—whether we allow convicted felons to simply walk into gun stores and immediately walk out with handguns. We already have a Federal law prohibiting convicted felons, minors, people who have been adjudicated mentally ill illegal aliens, and drug addicts from acquiring handguns. But what does that mean if we do not have the tools to enforce that law? And so 1 ask you today, do you believe that a convicted felon should be able to walk into a gun store and get a handgun instantly? I cannot believe that anyone could sanction that. Yet as long as we do not have a reason- able waiting period and give police the opportunity to run background checks, a convicted felon will have our seal of approval. That is why Lam here today. | am making a very personal appeal to you because | believe you have a respon- sibility to act to keep handguns out of the hands which would misuse them, Handguns in the wrong hands result in tragedy. 1 do not say that theoretically. I speak from experience. know that you are familiar with what happened on March 30, 1981, At 2:30 p-m. that day, my husband, Jim Brady, was shot through the head by a deranged young man, Jim nearly died. The President nearly died, and two of his security men were seriously wounded. thas been almost 7 years now. March 30 marks the anniversary of the shoot- ing. L often think about the other handgun tragedies which have taken place in these 7 years that could have been prevented if there were a national waiting period. We must not wait another 7 years for other tragedies to occur. We must not wait any longer. We need a national waiting period now. John Hinckley’s handguns were confiscated in October 1980 as he tried to board an airplane in Tennessee, where he was stalking then President Jimmy Carter. Hinckley, a drifter, then gunless, needed to replenish his arsenal. In possession of a Texas driver’ license and knowing that Texas had no waiting period or background check, Hinckley made the trip to Dallas to purchase the handgun he used to shoot my husband and the President of the United States, Hinckley no longer lived at the address he listed on the Federal form he was required to complete. A simple check might have stopped him. Had police been given an opportunity to discover that Hinckley lied on the Federal form, Hinckley might well have been in jail instead of on his way to Washington.Now today Jim lives daily with the consequence of Hinckley’ easy access to a handgun This bill does not change who is legally permitted to purchase a handgun. Nor does it impose a major burden on law-abiding citizens. This legislation also provides that if an individual has a legitimate, immediate need for a handgun, the waiting period can be waived by local law enforcement. Is 7 days too much to ask a responsible citizen to wait when we know that so many lives are at stake? I dont think so. Public support for a waiting period and background check is strong. A 1981 Gallup Poll found that more than 90 percent of Americans want such a law. This legislation is supported by every major law enforcement organization in the country, many representatives of which are here today to testify in support of this bill. The American Bar Association, the American Medical Association, the AFL-CIO, and other organizations too numerous to mention, all support a Federal 7-day waiting period. The 1981 Reagan Administra tion Task Force on Violent Crime recommended such a law. A 1985 Justice Department report stated that “at minimum, the acquisition of a firearm by a felon should be somewhat more complicated than just walking into a gun shop and buying one.” While the National Rifle Association opposes this bill, it is important to note that several years ago in its own publication, the NRA stated that a waiting period would be effective as a means of “reducing crimes of passion and in preventing people with criminal records or dangerous mental illness from acquiring guns.” The NRA has flip-flopped on waiting periods and recently hhas taken extreme positions on machine guns, cop-killer bullets, and plastic guns, Considering these extreme positions, I find it incomprehensible that any Member of Congress could trust the judgment of the NRA on a national waiting, period or any legislation affecting American lives and public safety, especially when the NRA isin direct opposition to America’ law enforcement community which is charged with the responsibilty of protecting us. The NRA argues that proscribed persons do not purchase their handguns over the counter and certainly will not do so if they have to submit to a waiting period. Yet, a 1985 Department of Justice study entitled “The Armed Criminal in America,” found that over 20 percent of criminals do obtain their handguns through gun dealers. In fact, in States with waiting period laws, many criminals and others disqualified from buying handguns have been caught trying to pur- chase their handguns over the counter. Law enforcement officials from across the nation report tremendous success where waiting periods are in elfect.For example, according to a police official in Memphis, TN, the States 15-day waiting period screens out about 50 applicants a month, most of whom have Criminal records. According to the California Department of Justice, the States 15-day waiting period screened out more than 1,500 prohibited hand-gun pur- chasers in 1986. In that same year, Maryland’ 7-day waiting period caught ‘more than 700 prohibited handgun buyers. States with waiting periods have been effective in stopping criminals before tragedy occurs, but itis unfortunate that in States without waiting, periods or background checks, police do not have the same tools to prevent such tragedy. One of the most shocking and disturbing cases of 1987 occurred in Florida in the wake of the October stock market crash, Arthur Kane purchased a hand- gun only 45 minutes before murdering his Florida stockbroker and wounding another. If police had been able to conduct a background check, they could have discovered that Kane was a convicted felon. Jn another well-publicized event, Dwain Wallace, who had a history of mental illness, was able to instantly purchase a handgun from a Youngstown, OH, Pawnshop. Just 2 days later, he brandished the handgun in the Pentagon and ‘was immediately gunned down by a Pentagon guard. A convicted felon, Larry Dale, purchased a handgun at @ Tulsa, Oklahoma gun shop, and within 24 hours opened fire at a grocery store, killing one customer and wounding another, Thave described just a few of the many well-known cases of proscribed persons ‘who instantly purchased their handguns over the counter without having to ‘undergo a waiting period or background check. But for each well-known case, there are many, many more which never make the front page While Lam not suggesting that a waiting period will stop all crime, itis obvious from these examples that we can save many lives if we want to The NRA claims that waiting periods do not prevent criminals from obtaining handguns because criminals wall get them from other sources, But in reality, it is the States without waiting periods that ate a significant source of handguns for criminals. The Treasury’ Bureau of Alcohol, Tobacco and Firearms’ study of handguns used in crime found that of all the handguns used in erime in New York City,only four percent were purchased in New York State which requires a back- ground check. Virtually all the rest were from States without waiting periods or background checks. In addition, the study found that in States without waiting Periods or background checks, an overwhelming majority of handguns used in crime were purchased within the sate State. For example, ofall the handguns used in crime in Dallas, almost 90 percent were purchased in Texas, which has no waiting period. ‘The NRA argues that waiting periods should be left up to the States, not the Federal Government. While individual States, many counties and municipali- ties have passed local waiting periods, a national law is critical because it will ensure that handguns are not purchased over the counter in States without waiting periods and then sold on the street in States requiring waiting periods and or background checks. : Jam ashamed that my own State of Virginia, which has no waiting period or background check, is a major source of handguns used in crime elsewhere. Just a few weeks ago, police arrested one Richmond man who reportedly purchased tore than seventy guns in Virginia and then brought them into Washington, DC, 1o sell om the street. Another man from the District was charged with using false identification, purchasing more than two dozen semi-automatic handguns in Virginia and selling them to District drug dealers Unfortunately, hese examples represent only the tip of the iceberg of this crim- inal traffic in handguns, We can prevent some needless tragedy. We can make it more difficult for criminals to get handguns, I hope that the day will come when no American family has to go through what my family has suffered. Again Task, do you really believe that a convicted felon should be able to walk into 4 gun store and instantly purchase a handgun? The American people do not believe that. But until action is taken on this bill, a convicted felon purchasing a handgun will have our seal of approval The NRA would like to turn back the clock to the days before passage of the 1968 Gun Control Act, which has served our Nation well for nearly two decades. | don’t need to remind you of the senseless tragedies that spurred Passage of this law, 1988 marks the 25th anniversaries of the assassinations of Martin Luther King and Robert F Kennedy. Passage of H.R. 975 would be a fit ting way to mark the anniversaries of these tragic events. 1 ask that you stand with our law enforcement community and provide the leadership that will save lives by keeping handguns out of the wrong hands. 1 urge you to report H.R. 975 out of subcommittee favorably. Thank you