Washington Office sends alert on gun
control bills
[dated 6/18/01; posted here on 6/21/01]
CONGRESS TO CONSIDER TWO KEY GUN CONTROL BILLS
Although we don't see much coverage in our national
broadcast and print media, gun control issues are on the agenda of both
the House and Senate. Two bills are receiving attention on Capitol Hill
and need support. The first, from Senator Feinstein (D-CA) is S 25.
(Rep. Meehan D-MA) has introduced its House counterpart, HR 1247.) The
second bill, S 767, has been offered by Sen. Reed (D-RI).
S 25/HR 1247-Rep. Meehan's bill proposes to create a
system of handgun licensing and record of sale. It is believed that if
this bill were to become law, it would cut gun violence by: 1) aiding
law enforcement in tracing crime guns, 2) requiring meaningful safety
training as a prerequisite to handgun ownership and, 3) limiting access
to handguns by criminals and underage youth.
HR 1247 addresses some of the most conspicuous
weaknesses in current federal gun law. It would close the gun show
loophole by requiring background checks in all handgun sales; stop
"straw purchases;" require basic gun safety training; and
promote proper firearm storage. It also requires maintenance of a
record-of-sale system for handguns to aid law enforcement in tracing
crime guns, and to hold gun owners accountable if their weapons are
transferred or sold to children, felons, or the dangerously mentally
ill.
Without a good system of licensing and record keeping
to track handgun transfers, it is hard to enforce the limited gun laws
we already have, and much harder to trace guns used in crime. According
to a 1999 report of the Bureau of Alcohol, Tobacco and Firearms, 32% of
crime guns are recovered within three years of their first retail
purchase, and 40% for firearms recovered from youth. HR 1247 would
require a record of sale for all sales or transfers, to assist police in
tracing guns and solving crime, and prevent the flow of firearms from
the legal to the illegal market.
The concept of licensing and record of sale is neither
new nor untested. Every other industrialized nation has adopted a
similar system, and in all of these countries rates of gun death and
injury are far lower than in the U.S. Also, four states - New York,
Connecticut, Massachusetts, and Hawaii - already require record of sale
and licensing, or their equivalents. These four states would more
effectively enforce their gun licensing if neighboring states would do
the same. Guns going across the border from lenient gun-licensing states
add to the burden of crime in states that are doing their best to stop
the gun violence.
At this writing, HR 1247 has support from the
Coalition to Stop Gun Violence, the NAACP, the Union of American Hebrew
Congregations, the Children's Defense Fund, and the National Council of
Jewish Women. More are expected.
S 767-In the Senate there is the battle of the gun
show loophole bills, and which is the best approach. Sens. McCain and
Lieberman have one approach, while Sen. Reed has yet another.
Gun control and licensing advocates are asking that we
oppose S 890, the Gun Show Loophole Closing and Gun Law Enforcement Act
of 2001, sponsored by Sens. McCain (R-AZ) and Lieberman (D-CT) because
it would open more loopholes than it would close. We are asked to
instead give our support to S 767, The Gun Show Background Check Act.
Sen. Reed's bill is the only one that will close the deadly gun show
loophole.
The McCain-Lieberman bill has been offered as a
"compromise" bill. Often a compromise is good. But in this
case, advocates of closing the gunshow loophole feel that it is not
better than nothing -- in fact it's worse:
McCAIN-LIEBERMAN SETS WEAKER STANDARDS FOR UNLICENSED
INDIVIDUALS VERSUS LICENSED DEALERS.
It would shorten the background checks for sales by
unlicensed sellers from three business days to 24 hours if certain
conditions were met. There is absolutely no basis whatsoever to treat
gun sales at gun shows differently depending on whether the seller is
licensed or unlicensed. Indeed, the desire to treat all sales the same
is the reason for closing the gun show loophole in the first place.
McCAIN-LIEBERMAN REDUCES THE TIME FOR LAW ENFORCEMENT
TO DO ADEQUATE BACKGROUND CHECKS.
The 24-hour provision allowed for unlicensed sales
would not provide enough time to stop sales to felons. Since many gun
shows take place on the weekends, when state and local law enforcement
offices are closed, the information necessary to finish a background
check would not be accessible within 24 hours. This bill would
effectively draw more criminals to unlicensed individuals who sell at
gun shows. In operation, it may sell more guns and it would put the
public at risk.
KEEP IT SIMPLE. THERE'S ALREADY A BILL TO CLOSE THE
GUN SHOW LOOPHOLE THAT WILL DO THE JOB.
The Gun Show Background Check Act (S 767), from Sen.
Reed (D-RI), simply extends existing federal law that applies to sales
by licensed dealers to include all sales at gun shows. Most importantly,
this legislation allows law enforcement up to three business days to
complete background checks. The three-business-day provision must be
preserved for all sellers at gun shows-anything less will be a windfall
for criminals and a night- mare for law enforcement.
At this writing this bill is still gaining supporters.
Among others, the Reed bill is supported by the Children's Defense Fund,
Consumer Federation of America and the Violence Policy Center.
ACT NOW In order to move these bills and regenerate
the gun control and licensing debates in the House and Senate, it will
take calls from advocates to their Members. Many legislators fear that
the majority of the voting public is not in favor of these bills or any
further gun control measures. They need to hear from voters who support
such measures. Advocates can:
Urge their Members to co-sponsor S 767, S 25 and HR
1247. Ask them to vote favorably. Also ask that the time frame for
background checks be adequate.
Urge your state legislature to also approve such
regulations of gun show sales.
Get co-workers, family and church members to write
letters or make calls to their representatives.
Make copies of this publication to share with others.
Call Congress at 202-224-3121.
Write to your Members:
Dear Sen. ___________
U.S. Senate
Washington, DC 20510
Dear Rep. ___________
U.S. House of Representatives
Washington, DC 20515
GENERAL ASSEMBLY
In 2000, the General Assembly instructed the Stated
Clerk to urge the President and U.S. Congress to:
A - pass legislation raising the minimum age for
private handgun ownership and possession to 21 years of age, and the
licensing of all gun owners in the same way that drivers of motor
vehicles are licensed, with the requirement that such licenses be
presented with picture identification before gun purchases are made;
B - pass laws mandating child access prevention
governing the storage and handling of weapons in the home, with legal
consequences for those who allow children unsupervised access to
weapons;
C - pass laws banning all forms of assault weapons;
D - enact laws requiring the installation of safety
devices on all guns, and the purchase of safety devices when any guns
are purchased;
E - pass legislation strictly regulating the purchase,
registration, and merchandising of all firearms, along with laws
endorsing background checks and three-working-day waiting periods before
purchases, and
F - urge the Attorney General of the United States to
strictly enforce the existing and proposed legislation.
General Assembly (2000) minutes, page 52
