In America, thanks in part to the efforts of the NRA, being a suspected terrorist is not enough to stop you buying a gun
The discovery that the suspected Boston bomber Tamerlan Tsarnaev was on a national terrorism watch list has put the spotlight on one of the most glaring flaws in US gun laws: that even suspected terrorists can legally buy weapons and explosives.
Investigators now believe that the Tsarnaev brothers had a single gun between them, a Ruger 9mm semi-automatic handgun that they are suspected of using to kill an MIT police officer, Sean Collier, and to engage in a fearsome firefight with police in Watertown, a suburb of Boston. Tamerlan died after the gunfight, in which up to 250 rounds were discharged; his younger brother Dzhokhar was captured alive.
It remains unclear how the brothers obtained the Ruger, which had its serial number scratched off. But the existence of the gun, combined with the disclosure last week that in 2011 Tamerlan Tsarnaev was placed on a classified FBI watch list for suspected terrorists, has brought the so-called "terror gap" back into the political debate.
Under current laws, individuals can still buy weapons at gun shops even though a requisite FBI background check reveals that their name is stored on a central database of potential terrorists. There are nine disqualifying factors that block anyone seeking to buy a firearm – such as mental instability and drug convictions – but they do not include suspected terrorism.
Shortly before the Boston bombings, Frank Lautenberg, the Democratic US senator for New Jersey, reintroduced a bill that he first drafted in 2007, designed to close the "terror gap". The bill would add known or suspected terrorists to the list of those disqualified from purchasing guns. But all attempts to close the loophole have been vigorously opposed by the main gun lobbying group, the National Rifle Association. The NRA argues that Lautenberg's bill would take away people's second-amendment rights to bear arms and hit law-abiding American gun owners.
Partly as a result of NRA pressure, the bill fell along with other proposals for tighter gun controls that failed to gain sufficient support in the US senate. Ironically, the senate vote in which the gun reforms were struck down occurred just two days after the Boston bombings. Lautenberg said:
No matter what terror watch list the Boston bomber was on, our porous gun laws would have allowed him to walk into a store and legally buy guns and explosives. The NRA may disagree, but it's time to put the safety of our families first, and we will keep up the fight to make this common-sense fix.
A survey by the Government Accountability Office (GAO) found that in 2010 some 272 people on suspected terrorist watch lists tried to buy a gun. Of that number, 247 underwent background checks and were allowed to proceed, while only 25 were barred because they fell foul of other prohibitions. Between 2004 and 2010, the research showed, 1,453 people on potential terrorist watch lists tried to buy guns and explosives and of those 1,321 – 91% – succeeded, with the federal authorities powerless to stop them as a result of lapse gun regulations.
Mayors Against Illegal Guns, (MAIG), the coalition of US mayors headed by New York's Michael Bloomberg, has also vociferously campaigned to close the "terror gap". It has aired TV adverts calling on Congress to close the loophole.
"If you are on a terror watch list and can't get on a plane, should you be able to buy a gun?" said David Chipman, an adviser to MAIG who was a senior weapons expert with the Bureau of Alcohol, Tobacco and Firearms (ATF). "After Boston there's been a lot of criticism about federal authorities failing to join the dots, but in this case the gun lobby is actively preventing them from doing so."
'America is awash with easily obtainable firearms'
In June 2011, an American-born al-Qaida spokesman, Adam Gadahn, put out a video statement that highlighted another glaring hole in US gun laws – the fact that private purchases at gun shows and on the internet are exempt from FBI background checks. An attempt to close that loophole by extending background checks to all gun sales also failed in the senate.
"America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic rifle without a background check and, most likely, without having to show an identification card," Gadahn said in the video, adding: "So what are you waiting for?"
Tamerlan Tsarnaev was entered into a central database of potential terrorists, the Terrorist Identities Datamart Environment (Tide), that is maintained by the National Counterterrorism Center. His name was added to the list after an investigation by the FBI into his activities was triggered by a request from the Russian security services.
Michael James Barton, a former White House counterterrorism official, said that Tide needed to be regarded with caution. The list contains more than 700,000 names and is, he said, more of a heads-up for the authorities than a definitive database of confirmed terrorists.
"It waves a flag to take a look at a person, no more than that. Under the constitution, the government can't stop US citizens buying a gun just on a mere suspicion, they must have proof of a conviction or other reason for disqualification," he said.