Thank you for contacting me regarding firearms and the
Second Amendment. There are few issues more controversial in our society
or more central to any discussion on freedom’s foundation.
Let me say from the outset that my response to you is
not unique. As you may know from previous correspondence, I take very
seriously my responsibility to thoughtfully respond to each letter or email
individually. In this situation however, due the high volume of mail and
my desire not to keep you waiting, I want to more generally share with you the
principles that guide me in reviewing any legislation related our Second
Amendment rights. With that in mind, please do not hesitate to write again
with further comments. You can be certain I will personally receive your
comments and respond to any additional concerns.
As you know, the discussions now ongoing in Washington
regarding guns are driven largely by the senseless murders that occurred in
Newtown and Aurora this past year. Unfortunately, the kind of
unspeakable violence we saw on those darks days has become all-too-common in our
society today. While I think most of the solutions being offered look more
at symptoms than the real disease, I do think it is entirely appropriate for our
nation to take a hard look at itself and seriously examine the causal factors
behind violent outbursts.
First and foremost, this discussion on reducing
violence must begin with one unshakable principleâ€"our Constitution is the
single greatest protector of life and liberty, and must not be infringed
upon. The same Bill of Rights that upholds the value of each and every
human life also recognizes our inherent right to protect ourselves. I
reject any notion that one right must be sacrificed to strengthen the
other. In fact, I believe it is just the opposite. This has been my
guide throughout my time in the senate, and I think my record demonstrates that
no other Senator has stood more firmly or alone in advancing these
principles. If you are interested in learning more, you can view my
legislative record online at
http://1.usa.gov/UGN28K and
http://1.usa.gov/XoG6eT.
With this as my guide, I do believe there is a
legitimate need to examine our current system for keeping guns out of the hands
of those who are already prohibited by law from possessing such
weaponsâ€"felons and those adjudicated as a “mental
defective.†While no legislation can stop every act of violence,
including the tragedies of the past year, we should work within our
constitutional authority to make these systems actually work. And
the truth is, there is a gap in current policy that allows these
already-prohibited individuals to skirt the law and purchase weapons. A
large number of guns are sold outside of the current background check system and
I believe we must re-examine our approach.
In reality, the current National Instant Check System
(NICS), which is used by firearm sellers to determine whether a prospective
buyer is eligible to purchase firearms, is incomplete and failing to achieve its
desired results. This is particularly true for those persons who have been
adjudicated as a “mental defective,†and are supposed to be included
in the NICS Index. As a physician, I believe our nation must do more to
ensure those with mental illnesses who are a threat to themselves and others
have access to treatment and are prevented from accessing firearms. To this end,
officials at every level of government must examine our compliance with current
laws and policies aimed at achieving this. In 2007, Congress passed the NICS
Improvement Amendments Act (P.L. 110-180) which established incentives for
state, local, and tribal governments to increase the compliance of states
reporting seriously mentally ill persons to the NICS system. However, a July
2012 Government Accountability Office (GAO) study found that these incentives
have not been implemented, and the law has not achieved the intended purpose of
improving the reporting rates of mental health records by states. As of October
2011, only 12 states had made substantial improvement in reporting, while almost
half of the states, including Oklahoma, had barely made any progress in this
area. While states have primacy in passing laws and establishing policies on how
to submit records to the NICS index, Congress should review, and amend if
necessary, the recently passed NICS Improvement Act to ensure that it achieves
it intended purpose of properly identifying and preventing access to firearms
for those who are prohibited from it.
In the weeks ahead, I am willing to listen to and
discuss this issue with anyone who wants to seriously deliberate it. We
have much to gain from the discussion, including examining the obvious impact of
violent media, the breakdown of the family unit, the lack of available mental
health options, and the failure of the current administration to prosecute gun
crimes. It may surprise you to learn that prosecutions of federal guns
crimes have dropped dramatically in recent years, and I believe Congress has a
duty to hold the President and his Justice Department accountable for this
lapse.
As I enter these discussions, I do so with a firm
commitment to our Constitution and the individual right to keep and bear
arms. There are no easy answers, but I do not believe we have
anything to fear from an open, honest debate.
Thank you again for your message. If you have
additional concerns, I do hope to hear from you soon.
Sincerely,
Tom A. Coburn,
M.D.
United States Senator
