JOHN BERMAN (HOST): I want to bring in Andy McCabe, a former deputy director of the FBI and a CNN contributor. And Andy, I think one of the things that's most interesting about you, and people may not know this in light of everything else that you've been connected to over the last year, you worked very closely with the people running the background checks.
ANDREW MCCABE (CNN CONTRIBUTOR): That’s right.
BERMAN: And gun violence is absolutely in your portfolio. So when you see something like what happened in California, what's interesting here is this was a handgun. This was a pistol, you know, six rounds fired -- not an assault weapon. No one is going to ban handguns, those aren't under any discussions there. So when you talk about what the laws could do to prevent something like this, what's the answer?
MCCABE: Well, it's hard to overstate the enormity of the burden that the FBI carries in essentially conducting the background check process. The bureau conducts the background checks for most states. And it is a volume that they struggle to stay on top of day after day. The highest volume days are typically the day after Thanksgiving where the FBI will process close to 200,000 background checks in a day. There are a few things that Congress can do I think relatively easy, inexpensive, and noncontroversial things they can do to make those background checks more effective. The first is one of the prohibiting factors, so one of the things that would prohibit a sale to you of a firearm is if when the bureau checks your name, they find out that there is a warrant for your arrest in some jurisdiction. There is a fugitive prohibitor for many, many years the FBI interpreted that as if there's a warrant for you, you are a fugitive and therefore cannot purchase the weapon. The Department of Justice reevaluated the definition of fugitive in 2017 and essentially imposed a much greater requirement on the FBI to essentially determine why and where you were a fugitive from. This is work that is very hard to do in the very limited period of three days that the bureau has to do those -- to conduct that check.
BERMAN: And one of the things you will hear gun supporters say is, "Well, there isn't a law that would stop this shooting." And in California, that may very well be the case.
MCCABE: In many cases, yes.
BERMAN: But it may be the wrong question. It's not that one law can stop every school shooting. Correct?
MCCABE: Well, that's absolutely right. Look, we have an absolute epidemic of gun tragedy in this country. And I think everything that we can possibly do to potentially limit those tragedies, to possibly stop the next one, those are responsible steps that we should be taking to make sure that people are safe.