Bill would ban gun purchases by anyone on terror watch list

A bill that would prevent known and suspected terrorists from purchasing a firearm is moving forward in the House.

House Bill 1813 would disqualify anyone named on the FBI’s consolidated Terrorist Screening Database from buying a gun in Hawaii. Supporters said the measure will keep guns out of the hands of people who are threats to public safety.

National research shows that suspected terrorists can pass all of the current necessary background checks needed to purchase a gun. The Government Accountability Office, an investigative branch of Congress, found that between 2004 and 2014, suspected terrorists tried to buy firearms 2,233 times and succeeded 91 percent of the time.

“These are people that the federal government believes are terrorists. Giving them guns doesn’t make any sense at all,” said House Judiciary Chairman Karl Rhoads.

Rhoads (D, Chinatown-Iwilei-Kalihi), one of the bill’s sponsors, added that the restriction would be only a temporary hold. Citizens who end up on the terrorist watch list could regain their Second Amendment right once they get off the list, similar to a person who recovers from a mental disorder.

If HB 1813 is enacted, Hawaii would become one of the first states to implement such a restriction after it was rejected by the U.S. Senate in December. New Jersey passed a similar measure in 2013 and Connecticut Gov. Dannel Malloy signed an executive order after the Dec. 2 San Bernardino, Calif., attack.

The bill passed through its second reading on the House chamber floor on Thursday, but there were 11 representatives who voted with reservations.

Rep. Bob McDermott cast the lone dissenting vote. He argued that the criteria of how someone gets on the watch list is unknown and that the list has more than 700,000 names. McDermott also said that classified documents obtained by the Intercept, an online publication, found that 200,000 names on the list have no ties or relationships to any terrorist organizations.

“What we’re doing (here) is making burdens harder on law-abiding citizens. To infringe upon an articulated constitutional right because someone suspects them of some unreasonable act — that’s a pretty high burden and it shouldn’t be done all willy-nilly,” said McDermott (R, Ewa Beach-Iroquois Point).

More than 70 individuals submitted written testimony in opposition before the bill was heard by the House Judiciary Committee on Feb. 26.

Glennon Gingo, a member of the Hawaii Rifle Association, cited an audit done by the Office of the Inspector General that found that 38 percent of a 105-record sample of the Terrorist Screening Center contained inaccuracies.

“We’re very concerned about the fact that our citizens would be subjected to something with such an error rate that could work against them on their constitutional rights,” he said.