It will also, this is important, it will also set up a process to to monitor, investigate, and detain terrorists while warranted by evidence. In that way my proposal is far and away stronger than the senior senator from californias for several reasons. First, her amendment is unconstitutional. Last week i mention the problems of the late senator tended kennedy had when his name came up on a watchlist by mistake. He was denied a ticket and airport one of his trips from washington to boston. After realizing the problem he had a lot of trouble getting it resolved. If you can bet Teddy Kennedy had trouble getting it resolved, what kind what kind of have . Fairly he said as much, he said now that they had that kind of difficulty for member of congress, how the world are average americans going to get caught up in this kind of thing. How are. How are they going to be treated fairly and not have the right to be his . Senator kennedy asked the question we all need to be asking right now. A wellknown, wellconnected powerful public figure like ted kennedy had trouble getting his name removed from a watchlist, to have any confidence that the average americans wont have their Constitutional Rights denied with no Legal Process to woul it . Friends across the aisle would not provide due process rely abiding citizens placed on a watchlist by mistake. Lake like the late senator kennedy, like mine way. Way. Secondly, the feinstein mm and has another flaw. There are no additional tools for enforcement to investigated detain terrace. My proposal stops stops him from buying a gun,trr take them off the stree. The fbi director coming test to testify before the senate that legislation that merely blocks a firearm transfer to a person on a watchlist without more actually disrupted terrorism investigation. Thats because if we automatically block a transferoe it would tip the terrorists that the lawenforcement is watching them in building the case. Andct then they would choose some some other weapon either illegal or manufactured. Nc as this could have tragic consequences. As a terrace could take immediate steps to speed up their attack, obtain legal actions or thwarting lawenforcement surveillance. We need to be careful about enacting legislation that could the worse of the fbi director,th effectively blow a terrorism investigation. No matter how wellintentioned, i believe that would be the effect of senator feinsteins amendment. The truth is, under that amendment, motivated motivated terrace could buy a gun, be denied, and walk out of the gun shop and find another avenue to carry out a terrorist attack. My by letting a dangerous terrace rope regardless streets the proposal or democratic friends would make us less safe, not my legislation and contrast would not only block that person from buying a firearm, becauseab the fbi would be immediately notified, they would not be able to take it with them, they would have to wait at least three days while the fbi conducted additional investigation. Oty but it would allow the authorities to carry out that investigation followed by next bidet the court for hearing where a judge could block the sale and authorize the arrest of the terrace, if in fact there is evidence to prove that that was the case. If the judge deemed there is probable cause to block the sale of, the terrace can be immediately detained by Law Enforcement. I repeat i repeat myself, if youre dangerous enough not to own a firearm, arent they also dangerous enough to be taken off the streets . But the senator from californias amendment would let the back i go. This way my proposal goes much further than our democratic friends, we have to do more from preventing terrorist for buying guns we have to lock them up and stop them before they kill innocent americans. Importantly, my amendment would apply to anyone who is previously under an investigation for suspicion of terrorism within the last five a years, like the orlando attacker. The orlando attacker was not even on a watchlist, so i do not know what our friend from california was try to propose bd saying if you are on a watchlist you should be denied a gun but i guess youre saying even if you are not on the watchlist you would be tonight a gun. W but weve set if you are on the watchlist for the last five years, than the fbi would be provided notice. Senator would you youll purchase one for,. I will yield to the senator after remarks. Imn almost through when the proposals were offered from the senior senator from california did not even get a majority of votes in this body. My related proposal back in december was bipartisan and garnered 55 votes, im glad the junior senator from indiana and from west virginia, both democrats supported that build then and i hope they will do so now. Both made the decision to do most right instead of what j. Was politically convenient. The due process clause of the United States constitution is more than just a convenience, it is after all, our constitution. Something senators pledge allegiance to uphold and defend the constitution of the unitedit states, but then to vote for an amendment to deny Constitutional Rights without due process of law, it sure seems intention with that oath. St we must advance commonsense legislation that fences selves against islamic extremism and my amendment i believe is a good place to start. It is not the only idea, the the senator from may, senator collins, senator from pennsylvania have interesting ideas that i know they would like to develop and have ado chance to have a vote on. In the meantime, we need to doey more to equip the fbi and the with the lawenforcement tools they need to gather information on terrace so they can lock they up. We have to be able to connectue the dots for we can connect the dots. I hope today my colleagues will for my amendment. It blocks terrace from buying guns, detains terrace, detains terrace if there is evidence to prove sufficient to status by that should be taken off the street and it upholds the Second Amendment to the constitution of the United States. Gun again, the question before so should be clear. We are going to to vote on two proposals that postop terrace from buying guns. One is constitutional, one is not. Amendme i would strongly my colleagues on the other side of the aisle to is for the one that is constitutional and that would be the shield back amendment. I will yield to the senator for question. It is my belief that our mens meant amendment does cover, senator leahy and senator nelson cemented to a set amendment which is incorporated, which jut does cover the orlando killer. I just wanted, just wanted you to know that. Ifornia, thank you very much. I would say to my friend from california, the problem in this instances the shooter was aot licensed security guard. He was guarding the courthouse, he also had a firearms firearms license from the state of florida. There is nothing about her amendment that would havegh prevented him from purchasing a firearm. Indeed the only thing that mightve happened would be that the fbi wouldve been notified under the fiveyear look back provision. But the fbi had already investigated this particular shooter and cleared him, notwithstanding notwithstanding all the troubling signals we see now in retrospect. So i still believe that there is nothing in the feinstein amendment that wouldve prevented this shooter fromns tn purchasing firearms because he had a firearms license already pain i thank you for your time. I yield back. Will now report the motion to invoke cloture gun cloture. Madam president first want to thank my colleague for decades of work to address gun violence and then i want to thank also Sanders Murphy and poker for standing on their feet for almost 15 hours to force the Republican Leadership to release allows some of the votes on gun safety. Six months after rejoined the senate in 1993, there was a terrific impact of assault weapons when a deranged gunman and enter the law offices in know california killing eight people wounding six others madam president when you lose someone they love to gun violence it is hard to get that out of your soul in one of those killed was the attack of the law office was an assault weapon was one of my sons best friends. And yes the soul of our family and his family and all of the and their families gunned down i willll f tell you the pain does not go away. It . I know we all feel that a the question is what are we going to do about it . If not now then when is the time to do something about it . , after orlando the worst mass shooting in American History i see my friend senator nelson who has been there and looked into the eyes of the families and he will never be the same this is a moment to do the right thing to take action is it going to stop everything in the san future . Now. But it is a crisis so we have to do what we can do we should have done it after california after sandy hook after Santa Barbara and aurora but we didnt so lets do it now. Roughly ready and this year madame president 30,000 americans will have died from gun violence and in 10 years roughly 300,000 americans are killed by a gallon every 60t year 300,000. Has lost nearly 60,000 after 10 years of vietnam they tore the nation apart but 300,000 americans from gun t violence over 10 years and my republican friends do bottomn nothing that is the culture they claim they want to do something but when you look at the bottom line of their proposal they do nothing and the gun epidemic continues. How many times to be common to the senate floor descender thoughts and prayers to the family . And that was in the 1990s. Now unfortunately i was just on the floor in december after a mass shooting at a Holiday Party that killed 14 people and wounded 17 others in san bernardino. I stood right here, and i begged for us to come together and pass sensible laws to prevent another community from the gutwrenching heartbreak my state was going through. Through. To prevent another committee from the gut wrenching heartbreak my a state was going through. That was six months ago. We did nothing. To i was here on the floor after a mass shooting in Santa Barbara in 2014 with the pause that gives family and friends of the love ones to use a gun and dangerous way. And to do it legally no action. Urge every when is a finely going to japanese to make sure peopleer that buy again to get a bad deft project do we need to defeat isis . One of the most brutal and vicious groups that is why support the president s actions to take them now and i am glad to see the iraqis. We need to make sure the al long wolf does not get hay guide precocious mentally unstable people have guns . But should that be allowed on our streets even the of inventor of the assault style weapons and said he never meant it to be used on the streets those weapons have no business being in civilian hands. Now today we had been news from the Supreme Court. They refuse to take up the case that challenged the assault weapons ban in connecticut and that is good news. And it follows the legal opinions we have seen from the courts. So yes there is a right to bear wen arms to have common senseon god modest that they are trusted get a weapon and those that are not are not and pass a background check. What happened in thes overall . Si dash minded as america. With the gun death we know that they save lives that germany tightened their losses in shooting deaths dropped in half from 106 iran from 2012 after the day drp from 35 in 2014. Violence ended 56 drop in gun violence between 93 and 2010 according to the law center to prevent a gun violence. And connecticut also sought a 40 drop in debt related murders in 10 years because they pass a 1995 law. Now we cannot prevent every single tragedy with past with safety laws. And to buy firearms or explosives and requiring background checks for about its. There are 30,000 reasons to pass these amendments. To and those that could die in years and. In there is something i want to conclude with. Here. We are 100 senators. We had the honor and privilege leakages something about those per year. Safe in with those measures it will take more time with, that with safe at school say fattish Shopping Mall in the movie theater. Loo and a nightclub. Ince and that we lose 300,000 americans over 10 years and had done nothing since the 90s. And i would and thanks to my colleague for her work on this legislation and the senator blumenthal and i will reclaim my time for the debate on our side. To the senator from iowana before i speak i ask unanimous consent to speak for 20 minutes followed by senator nelson and murphy. Without objection. Would you please tell me when i use 70 minutes i will reserve three minutes for senator from pennsylvania to follow with his three minutes. The chair will do so. That want to express my unwavering support for thoseom killed and wounded in orlando. Life and Community Members this terrorist attack represents the great tragedy with ann affront to our way of life with the existence of americans will do all i can to give the fbi the tools they need to investigate the circumstances of this attackn the radical islamist d terrorist they have reason to be upset and even furious isc september 11. The real problem of islamic terrorism but the leadership has taken their eyes off the ball and is trying to turn this tragedy into another debate about violence. We will gladly have that debate but very soon with misleading or incomplete statements occurred and we heard running statements to purchase those who would commit terrorism these s comments and with the fully automatic weapons about background check. Uy they cannot buy those even with the fact check had theund minority leader to claims. And with a background check. With a semiautomatic with the radical islamic terrorist would lie about what is not a reason to change a lot. The minority leader in the senator from connecticut in his amendment is before us is a terrible. Ay t no one convicted of terrorism with the other side means and they say terror loophole is someone who might be space any number of watchlist. Not to time and again the heathers side says they support the Second Amendment rights we have every reason not to believe that. And the amendment that they proposed violates the Second Amendment right to keep and bear arms and that this amendment due process clause because a fundamental Constitutional Rights cannotme be infringed upon with the due process of law. With the same kind of constitutional was that it contained when first proposed so the Bush Administration proposedt similar wrongheaded ideas but that is before the Supreme Court recognized the Second Amendment protects the individual right of a gun ownership they are prominent voices against the terrorist watch list amendment and for instancepl in an editorial in the l. A. Times asked and answered the question this way should people on the nofly list be able to buy guns . Yes. The editorial pointed out that they are not convicted of any crime the vastd the losl majority of the people on the list are foreigners already for inhibited from buying guns and the l. A. Times stated that it is of only fundamental right in the feinstein amendment for only allowing a challenge after it was denied with no prior judicial involvement in the san bernadine a shooting would not have been stopped had the amendment been in place at the time. Bueno have done so again orlando either. This past week then near times ran an opinion piece by ucla law professor at am winkler the professor noted that the nra has raised people n objections to the feinsteinased amendment including the attorney general can be based only on and suspicion in to sue the department but only after the right is denied the professor winkler wrote we should take the nra criticism seriously and also roche if the attorney general believes a suspected terrorist should be added to the list they should have to go to court first and offer evidence. Of only after concluding the attorney general has probable cause should the court to approve the denial of a suspects right the aclu also opposes theso feinstein amendment on civil bae liberties supporters of this amendment would not prohibit a person in this database from exercising the first pro and rights or the right to vote or the ability to have an abortion with the same when absence of due process. Ter the fbi takes action now when a person in a terrorist to database tries to purchase a gun the senator from connecticut requires universal background checksho last week the senator from connecticut contended there is less gun crime and fewer s homicides in states that pass strict gun control laws like his state but homicide rates are higher in connecticut than in many states that provide greater protection of gun rights such as mine state of iowa. You need to do is look at Merrill Lynch refused claim that imposing tougher gun murden control reduces crime. Despite stringent gun control murders in maryland of russia have increased dramatically the other side wants it both ways. Heads i win curtails orions when the state laws are in stringent they say they work regardless of any were elsewhere cry rises they argue it is because othero states have lenient laws the Washington Post recently reported to have a study that found no correlation at all much less causation between homicide in state gun laws and the same newspaper fact checker gave my colleague claims three pinocchio. Been and reenacting the assault weapons ban to stop mass murder of his policy has been tried and failed even the Justice Department funded Research Found the effects of the ban and on crime to be known or minimal once again the Washington Post fact check that democrats are erroneous claim to give threee pinocchio the senator from connecticut also has statements made about all mine purchases of guns as a wouldbe terrorist could order one from amazon and it would show up at their door without a background check. This is not though lot either. From a a person is not allowed to take possession of guns from ordered online outofstate or from a licensed dealer without undergoing a background check additionally the senator from connecticut amendment