Terror Watchlists & Gun Loopholes: A Tricky Balancing Act

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Nearly every major terrorist attack in the West has been committed by people already known to law enforcement. The assailant in the case of the Orlando massacre, 29-year-old Omar Saddiqui Mateen, was first tracked by the FBI three years ago, according to Director James Comey.

“We first became aware of him in May of 2013," Comey said. "He was working as a contract security guard at a local courthouse and made some statements that were inflammatory and contradictory that concerned his co-workers about terrorism....When this was reported to us, the FBI's Miami office opened a preliminary investigation. And over the next 10 months, we attempted to determine whether he was possible a terrorist." 

Comey goes on to detail what those investigations consisted of, questioning him in person twice in 2013 and 2014, all to determine that Mateen posed no threat.

And then Orlando happened.

So what could have been to stop it? Comey expressed doubt that anything could have been done.

"I don't see anything in reviewing our work that our agents should have done differently, but we'll look at it in an honest and open way and be transparent about it," he said.

Yet, even if Mateen was determined to be a threat, and if he was placed on a U.S. terror watchlist, he would have been able to go into a gun store and legally purchase the exact same assault rifle and handgun that he used to kill 49 people on Sunday.

It's an issue that Dianne Feinstein has been calling attention to for years — the senator from California first started supporting legislation to close this loophole in 2007. 

“The ease with which a potential terrorist can buy a weapon in this country is frightening," Sen. Feinstein said yesterday. She is hoping to pass new legislation that will block access to guns for people on terrorist watchlists in the wake of the Orlando shootings. 

Timothy Edgar reviewed terrorist watchlists under both the Bush and Obama Administrations. He's now a visiting fellow at Brown University's Watson Institute, and discusses whether this policy can be changed. Click on the 'Listen' button above to hear our full conversation.