The Senate
Judiciary Committee recently passed four significant pieces of legislation in
an effort to make America safer and reduce gun violence—the most controversial
being the "Fix Gun Checks Act of
2013" and the "Assault Weapons Ban of
2013." The two other bills reported to the Senate were S.54, Stop Illegal Trafficking
in Firearms Act of 2013, a bill to increase public safety by punishing
and deterring firearms trafficking, and S.146, School Safety
Enhancements Act of 2013, a bill to enhance the safety of America's
schools. In this post, I've offered some summaries of the legislation, some of the reasoning behind the opposition and support of the bills, and where we can expect to go from here.
S. 374,
the “Fix Gun Checks Act of 2013,” sponsored by Senator Charles Schumer (D-NY),
is a bill to ensure that all individuals who should be prohibited from buying a
firearm are listed in the national instant criminal background check system and
require a background check for every firearm sale.
S. 150,
the “Assault Weapons Ban of 2013,” sponsored by Senator Dianne Feinstein (D-CA),
was passed by a vote of 10-8 in the committee along party lines. Here is
the brief summary of the bill:
The
Assault Weapons Ban of 2013 bill prohibits the sale, manufacture, transfer
and importation of 157 of the most commonly-owned military-style assault
weapons. It bans an additional group of assault weapons that can accept a
detachable ammunition magazine and have one or more military characteristics.
In addition, the bill bans large-capacity magazines and other ammunition
feeding devices that hold more than 10 rounds of ammunition.
But it
exempts:
- Any weapon that is lawfully possessed at the date of the bill’s enactment;
- Any firearm manually operated by a bolt, pump, lever or slide action;
- Assault weapons used by military, law enforcement, and retired law enforcement; and
- Antique weapons.
- 2,258 hunting and sporting rifles and shotguns by specific make and model.
- Requires a background check on all sales or transfers of a grandfathered assault weapon.
- Prohibits the sale or transfer of large-capacity ammunition feeding devices lawfully possessed on the date of enactment of the bill.
- Allows states and localities to use federal Byrne JAG grant funds to conduct a voluntary buy-back program for grandfathered assault weapons and large-capacity ammunition feeding devices.
- Imposes a safe storage requirement for grandfathered firearms, to keep them away from prohibited persons.
- Requires that assault weapons and large-capacity ammunition feeding devices manufactured after the date of the bill’s enactment be engraved with the serial number and date of manufacture of the weapon.
NRA
Response
The
National Rifle Association was quick to criticize the “Fix Gun Checks Act” and
the “Assault Weapons Ban” with a press release, which they titled “U.S.
Senate Judiciary Committee Passes Semi-Auto and Private Sales Bans.” This release suggests that all semi-automatic weapons and private sales
would be banned under these bills—a false and deceptive exaggeration. They say
nothing of the thousands of firearms exempted from the ban in the bills. The
NRA also makes the debate personal by describing an exchange between Senators Cruz and Feinstein at the
Committee’s meeting, saying Feinstien “[scolded] Cruz for daring to ask
questions.” From this statement, it would seem that Feinstein, the author of the bill, is attempting to advance her agenda without respecting the views of others or failing to respond to questions. However...
I
watched the video
from this meeting to find out what really happened and to hear all arguments
made about the legislation. As the NRA said, “Sen. Cruz questioned Feinstein if
it would be proper for Congress to determine which books are appropriate for
citizens to read, or which persons could be exempted from Fourth Amendment
protections.” In other words, he was asking if she thought Congress should
limit other rights in the Constitution, since he felt she was limiting the
rights of the second amendment. But as the U.S. Supreme Court stated in the Heller decision,
“Like
most rights, the Second Amendment right is not unlimited. It is not a right to
keep and carry any weapon whatsoever in any manner whatsoever and for whatever
purpose: For example, concealed weapons prohibitions have been upheld
under the Amendment or state analogues. The Court’s opinion should not be taken
to cast doubt on longstanding prohibitions on the possession of firearms by
felons and the mentally ill, or laws forbidding the carrying of firearms in
sensitive places such as schools and government buildings, or laws imposing
conditions and qualifications on the commercial sale of arms. Miller’s
holding that the sorts of weapons protected are those “in common use at the
time” finds support in the historical tradition of prohibiting the carrying of
dangerous and unusual weapons.”
And so
did Senator Feinstein “scold” Senator Cruz for “daring to ask questions” about
this Constitutional question? Here’s what she really said:
“I’m
not a sixth grader. Senator, I’ve been on this committee for twenty years. I
was a mayor for nine years…I’m not a lawyer, but after twenty years, I’ve been
up close and personal to the Constitution. I have great respect for it…The Heller
decision clearly points out three exceptions, two of which are pertinent
here…It’s fine you want to lecture me on the Constitution, I appreciate it.
Just know I’ve been here for a long time, I’ve passed on a number of bills,
I’ve studied the Constitution myself, I’m reasonably well educated, and I thank
you for the lecture…I respect your views, I ask you to respect my views.”
Understanding the Issues
There
were other concerns with the legislation brought up at the Committee meeting.
I’ve responded to a couple of them below. I definitely recommend watching video of these meetings if you're interested in understanding both sides of the argument.
Senator
Cornyn (R-TX): “We’re gonna give the American citizen a peashooter to defend
themselves with. [This is] inadequate.” (referring to the Assault Weapons Ban
of 2013)
Besides
the fact that the Senator decides to use the word “peashooter,” I find it interesting
that he fails to recognize the adequacy of the 2,258 weapons that are exempted
from the ban. Apparently Mr. Cornyn believes that many weapons still aren’t adequate
enough for an American to defend himself.
Senator
Grassley (R-IO): “As a witness stated at the hearings, there’s no way to
enforce universal background checks without implementing gun registration. I
acknowledge Senator Schumer says that the federal law prevents such a registry,
but federal law can be changed by federal law and this would be federal law
requires the federal licensed dealer to keep a registration record of the
transfer. Mass shootings would continue to occur, despite universal background
checks, criminals will continue to steal guns and buy them illegally to
circumvent the requirement. When that happens, we will be back again debating
whether gun registration is needed and when registration fails, the next move
will be gun confiscation.”
Universal
background checks are NOT gun registration. And, as Mr. Grassley points out
himself, “federal law prevents such a registry.” The idea that background
checks would lead to gun confiscation is ridiculous. Furthermore, Mr.
Grassley’s argument that federal law can be changed by federal law” is
completely unsubstantiated. No one is saying that background checks will solve
all our nation’s problems, but why would we have them on only some of the gun sales?
Congress should be enacting laws like this to make it more difficult for
criminals to get guns and the majority of Americans agree with me.
Looking Ahead
Though
the Assault Weapons Ban of 2013 passed the Committee, it
will not be voted on as it currently is in the Senate. After a meeting with
Senate Majority Leader Harry Reid (D-NV), Senator Feinstein learned that the
bill she would not make it to the Senate floor. Instead, it can be offered as
an amendment to the eventual Democratic gun package. This Democratic gun
package will be likely be voted on in April in the Senate and will go one of
two ways, “a gun trafficking bill with a school safety provision and background
checks and the assault weapons ban would then be offered as amendments” or “a
background checks bill that includes the gun trafficking and school safety
provisions, with assault weapons again offered as an amendment.”
Call
your Senators at (202) 224-3121 to support these pieces of legislation coming
up in the Senate in the next few weeks!
