Legislation on guns on its way in U.S. Senate

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.

Additionally, the bill: 

• 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!

"After Newtown" programming on PBS all week

I found a description on the PBS website of its programming this week called "After Newtown." Take a look at the schedule below and tune in this week to hear what the experts have to say! They seem to do a nice job of covering many different aspects of gun violence.

The “After Newtown” programming airs on PBS stations February 18-22 (check local listings). “This week of specials gives PBS the opportunity to take an in-depth and thoughtful look at the issues the Newtown tragedy laid bare,” said Beth Hoppe, Chief Programming Executive and General Manager of General Audience Programming for PBS.  “As we mourn the lives lost in Newtown, it is important to present the facts, the science, and the history behind the issues to provide information and context as we collectively look at how better to protect and serve our communities.”

Every day this week from 6-7pm ET

PBS NEWSHOUR: Each newscast will include a segment dedicated to exploring the issues surrounding the Newtown tragedy. 

*Last night’s newscast was “a report on how the community of Aurora, Colorado, scene of last summer’s shooting spree in a movie theater, is reacting to the national debate stirred by Newtown and the recommendations for reducing violence proposed by the Biden task force. The town has recently been reliving the details of its own tragedy during the recent pre-trial hearings for the alleged killer.”

Tuesday, February 19: NewsHour Senior Correspondent Jeffrey Brown taps into a discussion about the connections—or lack of connections—between violent video games and violent behavior. The Newtown killer reportedly spent hours playing such games, but is there any evidence that one thing leads to the other?

Wednesday, February 20: NewsHour Science Correspondent Miles O’Brien explores what scientists know, and don’t know, about adolescent brain development and what risk factors may lead a young person to violent behavior.

Thursday, February 21: NewsHour delivers a report from Florida, the first state to record more than one million requests for permits to carry concealed weapons. The story explores the increase in requests for gun licenses in the wake of Newtown, and the arguments for and against concealed carry laws in the state where Trayvon Martin’s killing is still a fresh memory.

Friday, February 22: From Chicago, a look at gun violence as a public health issue. Secretary of Education Arne Duncan recently shared that many more children die of gunshot wounds every day in Chicago than are killed by mass murderers in a year. PBS NewsHour explores how the Administration’s proposals for gun violence might change that statistic.

Tuesday 9-10pm and Thursday 10-11pm ET

AFTER NEWTOWN: GUNS IN AMERICA


In April 1775, it took a Minuteman roughly 15 seconds to load, aim and fire his musket at the advancing British Redcoats in Lexington, Massachusetts. In December 2012, at a primary school in Newtown, Connecticut, it took Adam Lanza a mere 60 seconds to fire off dozens of rounds with an assault-style weapon.. Gun technology has evolved a great deal since the Colonial era. So too has America’s gun culture. With an estimated 300 million firearms in circulation, the nation is saturated with firearms, many argue, and the human toll they’ve taken is too high. More than 30 people die every day from a gun-related injury. GUNS IN AMERICA is an unprecedented exploration of America’s enduring relationship with firearms. From the first European settlements in the New World to frontier justice; from 19th-century immigrant riots to gangland violence in the Roaring Twenties; from the Civil War to civil rights, guns have been at center of our national narrative. Americans have relied on guns to sustain communities, challenge authority and keep the peace. Efforts to curtail their distribution and ownership have triggered epic political battles. On one side, the cry for gun control gets louder after each mass shooting. And on the other, Charleton Heston’s 2000 rallying cry, “From my cold, dead hands,” still resonates across the land. GUNS IN AMERICA traces the evolution of guns in America, their inextricable link to violence and the clash of cultures that reflect competing visions of our national identity.

Tuesday 10-11pm and Thursday 9-10pm ET

FRONTLINE “Raising Adam Lanza”


In the wake of the mass killings at Sandy Hook Elementary School, FRONTLINE investigates a young man and the town he changed forever. Adam Lanza left behind a trail of death and destruction, but little else. He left no known friends, no diary. He destroyed his computer and any evidence it might have provided. His motives, and his life, remain largely a mystery. In collaboration with The Hartford Courant, FRONTLINE looks for answers to the central—and so far elusive—question: who was Adam Lanza? Also this hour: In the aftermath of the tragedy, President Obama called for a national conversation about guns in America. Nowhere is that conversation more intense than in Newtown, where FRONTLINE finds a town divided and explores how those closest to the tragedy are now wrestling with our nation’s gun culture and laws.

Wednesday 9-10pm ET

NOVA “Mind of a Rampage Killer”


What makes a person walk into a theater or church or classroom full of students and open fire? What combination of circumstances compels a human being to commit the most inhuman of crimes? Can science in any way help us understand these horrific events and provide clues to prevention ? As the nation tries to comprehend the tragic events in Newtown, NOVA correspondent Miles O’Brien separates fact from fiction, investigating new theories that the most destructive rampage killers are driven most of all by the wish to die, not by the urge to kill. Could suicide — and the desire to go out in a media-fueled blaze of glory — be their main motivation? How much can science tell us about a brain at risk for violence? Most important, can we recognize dangerous minds in time to stop the next Newtown?

Wednesday 10-11pm ET

THE PATH TO VIOLENCE


Ever since the wake-up call that was Columbine, schools and law enforcement have developed multiple strategies to prevent attacks. Remarkably, more than 120 school assaults have been thwarted in the past 10 years. Security hardware and physical barriers may play a deterrent role, but it’s been psychologists — working hand in hand with law enforcement officers — who have devised the most helpful tools to preventviolent attacks. THE PATH TO VIOLENCE details a powerfully effective Secret Service program — the Safe School Initiative — that’s helped schools detect problem behavior. However, despite progress, recent attacks reveal a gaping hole in the safety net. Shooters like Adam Lanza, Jared Loughner and James Holmes all executed their attacks after they’d left their schools. In such cases, parents may be the first and only line of defense — parents who are terrified of their own children and who receive inadequate help from the mental health and legal systems. Can the gains made by social psychologists and law enforcement be extended to encompass the parents and families of violent individuals? Is the country ready to have a national conversation about the balance between school safety and civil liberties that interventions — including gun control — require?

Friday 8-8:30pm ET

WASHINGTON WEEK WITH GWEN IFILL


Moderator and Managing Editor Gwen Ifill will feature a segment discussing how Washington lawmakers are addressing the issue of gun control.

Friday 8:30-9pm

NEED TO KNOW


NEED TO KNOW explores the ripple effects of a single fatal shooting incident. Twenty years ago, an 18-year-old freshman and his professor were shot dead at a small Massachusetts college. The killer was apprehended, convicted and sent to prison. But the events that day continue to reverberate all these years later for the victim’s family, the killer and his family, others wounded that day, school administrators accused of not doing enough to prevent the shooting and still others in the community.  During this program PBS stations will also have the option to insert 90 seconds of local content.

Doing everything right

Last Tuesday, a group of Davidson College students gathered at 11am by the flagpole to honor the memory of 15 year old Hadiya Pendleton from Chicago, who was fatally shot in the back just a week after performing at President Obama’s second inauguration. Hadiya was an honors student, volleyball player, and loved to dance. She was hanging out with friends after school when a gunman opened fire on the group and shot Hadiya in the back as she tried to flee. Her godfather told reporters, “Her parents had done everything right and she was doing everything right.” 

 

A few students spoke at the vigil and a moment of silence was held in memory of Hadiya. One student at the vigil read a poem entitled "The Revolver" by Carl Sandburg.

Here is a revolver.

It has an amazing language all its own.

It delivers unmistakable ultimatums.

It is the last word.

A simple, little human forefinger can tell a terrible story with it.

Hunger, fear, revenge, robbery hide behind it.

It is the claw of the jungle made quick and powerful.

It is the club of the savage turned to magnificent precision.

It is more rapid than any judge or court of law.

It is less subtle and treacherous than any one lawyer or ten.

When it has spoken, the case can not be appealed to the supreme court, nor any mandamus nor any injunction nor any stay of execution in and interfere with the original purpose.

And nothing in human philosophy persists more strangely than the old belief that God is always on the side of those who have the most revolvers.

One student who attended the vigil said, "I think it's important that as a Davidson community we remain connected to national issues, especially when they affect the lives of young people. The story of Hadiya Pendleton was tragic and should not go unnoticed."

Carol Quillen, Davidson’s President, made an appearance at the vigil and briefly talked with students about gun violence. She told us about how she had signed a letter with over three hundred college and university presidents to urge our politicians to enact “rational gun safety measures, including:

• Ensuring the safety of our communities by opposing legislation allowing guns on our campuses and in our classrooms
• Ending the gun show loophole, which allows for the purchase of guns from unlicensed sellers without a criminal background check
• Reinstating the ban on military-style semi-automatic assault weapons along with high-capacity ammunition magazines
• Requiring consumer safety standards for all guns, such as safety locks, access prevention laws, and regulations to identify, prevent and correct manufacturing defects”

You can read the entire letter at http://collegepresidentsforgunsafety.org/
*On another Davidson note, the letter is part of an initiative started by one of Davidson’s own Elizabeth Kiss of Agnes Scott College (’83), and her colleague Lawrence M. Schall, president of Oglethorpe University. (NPR.org)


I was struck by Hadiya's godfather's comments about her when he said, "she was doing everything right." Many people associate shootings in Chicago with criminals and gang members. This is not always the case; Hadiya and her parents were "doing everything right," and tragedy still struck their family. We'd like to think that if we do everything right, we will be successful and live long happy lives. But life is fragile and every day is a blessing. People like Hadiya, who do everything right, are being murdered every day. If we had a vigil for every victim of gun violence at our flag pole, we would be gathering about 30 times each day.

However, as tragic as this occasion was, I found comfort in the fact that my fellow students (and President) saw the importance of drawing attention to the issue and showing support of gun safety measures. President Quillen did right by showing her commitment to not only the safety of the Davidson students on campus, but also to the safety and well-being of all Americans--a commitment I believe we are all called to take part in.