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U.S. Rep. Patrick Murphy, D-Jupiter, supports legislation to prevent people on the FBI terrorist watch list from purchasing guns. (AP photo) U.S. Rep. Patrick Murphy, D-Jupiter, supports legislation to prevent people on the FBI terrorist watch list from purchasing guns. (AP photo)

U.S. Rep. Patrick Murphy, D-Jupiter, supports legislation to prevent people on the FBI terrorist watch list from purchasing guns. (AP photo)

Joshua Gillin
By Joshua Gillin December 29, 2015

Terrorist watch list no obstacle to buying guns, U.S. Rep. Patrick Murphy says

U.S. Rep. Patrick Murphy joined other Democrats in demanding the House take up a bill that would keep people on the FBI’s watch list from buying guns, saying far too many people on the list have been allowed to get firearms.

Murphy tweeted a graphic on Dec. 8, 2015, claiming that "91 percent of suspected terrorists who attempted to buy guns in America walked away with the weapon they wanted."

His tweet came after Republicans repeatedly blocked a bill that would keep people on the FBI list from buying guns. In an unusual procedural move, Murphy and other Democrats signed a petition to bring the bill to the House floor, but it currently doesn’t have the required 218 signatures for further action. The Senate earlier in December struck down a similar bill.

We were curious if Murphy -- who is also running in the Democratic primary for U.S. Senate in 2016 -- was right to say that 91 percent of suspected terrorists looking to buy guns were able to get one. Our research showed that is accurate by the best available estimates, but there are some caveats about the watch list we should keep in mind.

Watching the watch list

The FBI maintains what is informally known as the terrorist watch list through its Terrorist Screening Center, which maintains a consolidated file of "those known or reasonably suspected of being involved in terrorist activity."

As you can imagine, some critics are uneasy about the government maintaining any sort of list designating people potential enemies of the state, but it’s generally considered a valuable tool for national security. The Democrats’ bill allows for cross-referencing the list while conducting a background check for a firearm purchase.

The actual size of the list and who is on it is not public information, but we have estimates: In 2011, an FBI fact sheet said there were 420,000 people on the list. Current estimates have put the list at around 700,000. Since the database pulls information from U.S. and global agencies, only a relative handful — about 8,400 in 2011 and likely around 10,000 now — are American citizens or legal residents.

Murphy’s stat comes from a March 2015 report from the U.S. Government Accountability Office, which examined how many people applying for gun purchases were run through the FBI’s instant background checks and also were on the watch list.

Between February 2004 (when the FBI started keeping tabs on people on the list trying to buy guns) and December 2014, there were 2,233 people on the list who applied to buy a weapon. Of those, 2,043 were allowed to proceed, including three applications to buy explosives. That’s a bit more than 91 percent.

Experts have told PolitiFact that the GAO report is plausible, and not really that remarkable, considering how many gun purchases Americans have made in the past decade. But there are things to keep in mind.

The data show how many weapons applications there were, not how many individuals, so one person could have potentially made several purchases. The report also didn’t show transactions made at gun shows, where federal background checks aren’t conducted, so the number actually could be higher.

There also have been some issues with the terror watchlist database in the past.

A 2009 U.S. Justice Department audit showed that 35 percent of the people on the list were "associated with FBI cases that did not contain current international terrorist or domestic terrorism designations" and should have been removed from the list.

There also are multiple entries for slight variations of the same name, which has previously led to people with the same name as a person on the watch list being stopped at airports, a problem that experts say has largely been resolved.

Our ruling

Murphy said, "91 percent of suspected terrorists who attempted to buy guns in America walked away with the weapon they wanted."

His figure comes from a GAO report that showed a bit more than 91 percent of gun store weapons applications by people on the FBI’s terrorist watch list were approved. There are some caveats to the watch list, including past issues with who is included and why. The report also didn’t distinguish how many individuals are making these applications, or how many people on the watch list potentially buy firearms at gun shows.

But experts have told us the report is both plausible and not altogether unsurprising, given how many guns Americans purchase. We rate Murphy’s statement Mostly True.

Our Sources

U.S. Rep. Patrick Murphy, tweet, Dec. 8, 2015

U.S. Department of Justice Office of the Inspector General, Audit Report 09-25, May 2009

U.S. Government Accountability Office, Terrorist watchlist screening testimony, May 5, 2010

National Counterterrorism Center, Terrorist Identities Datamart Environment FAQ , Aug. 1, 2014

U.S. Rep. Dianne Feinstein, "Senators Introduce Bill to Stop Terrorists from Buying Firearms, Explosives," Feb. 24, 2015

U.S. Government Accountability Office, "Update on Firearm and Explosives Background Checks Involving Terrorist Watchlist Records," March 6, 2015

Washington Post, "From 2004 to 2014, over 2,000 terror suspects legally purchased guns in the United States," Nov. 16, 2015

ABC News, "Individuals on FBI’s Terrorist Watchlist Allowed to Legally Purchase Firearms," Nov. 18, 2015

Salon, "NRA fail: More than 2,000 people on terror watch list have legally purchased guns in the last 10 years," Nov. 18, 2015

U.S. Rep. Dianne Feinstein, "Feinstein on Visa Waiver Program, No Guns for Terrorists Legislation," Nov. 19, 2015

The Hill, "Senate blocks effort to keep guns from terrorists," Dec. 3, 2015

Newsweek, "Terrorist watch list no bar to buying guns," Dec. 3, 2015

MSNBC, "GOP blocks bill to stop terrorists from buying guns," Dec. 4, 2015

Newsweek, "Republicans block two gun control measures after San Bernadino shooting," Dec. 4, 2015

PolitiFact, "Marco Rubio: 700,000 Americans could be affected by bill tying terrorist watch list to gun purchases," Dec. 6, 2015

U.S. House of Representatives, H.R. 1076 discharge petition, Dec. 7, 2015

Los Angeles Times, "California members stall business on House floor as Democrats try to force gun control votes," Dec. 8, 2015

The Hill, "Dems force protest votes on gun control," Dec. 8, 2015

U.S. Rep. Patrick Murphy, "Murphy demands Congress vote on bill to close terrorist gun loophole," Dec. 8, 2015

Associated Press, "States Explore Blocking Gun Sales to Terror Watch Lists," Dec. 17, 2015

PolitiFact California, "Did 2,000 suspected terrorists legally buy guns in the U.S.?," Dec. 17, 2015

New York Daily News, "NRA, Republicans block proposed law to stop suspected terrorists from buying guns in U.S.," Dec. 18, 2015

Congress.gov, H.R. 1076, accessed Dec. 28, 2015

FBI, "Terrorist Screening Center," accessed Dec. 28, 2015

Interview with Erin Moffit Hale, Murphy spokeswoman, Dec. 9, 2015

Interview with David Joly, FBI Terrorist Screening Center spokesman, Dec. 10, 2015

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