America's more than 70 million estimated gun owners got nothing but a cold shoulder and more fiscal debt from a mammoth gun regulation expansion storming the U.S. Senate.
The 80-page proposed Cornyn-Murphy bill, worked out among 10 Republicans led by U.S. Sen. John Cornyn (R-Tex) and 10 Dems spearheaded by U.S. Sen. Chris Murphy (D-Conn), was announced late Tuesday afternoon. The bill is the product of weeks of close negotiations between the 20 bipartisan lawmakers. It is considered by far the gun control law that's most likely to clear Capitol Hill and make it into law in the past quarter of a century.
The Senate then immediately held a 64-to-34 procedural vote in favor of the measure, called the Bipartisan Safer Communities Act, just hours after it was unveiled. This is key as it crossed the traditional 60-vote threshold needed to break a Senate filibuster.
"Tonight, the Senate took the first steps to move life-saving gun safety legislation in the Senate and we will move to final passage as soon as possible," said Majority Leader Chuck Schumer (D-NY). "We’re moving quickly to pass the bill in the Senate by the week’s end."
However, unlike past gun crackdowns – such as the Firearms Owners' Protection Act of 1986, which included at least a carrot of firearms reforms as it ended the consumer machine gun market – it seems Cornyn-Murphy contains nothing but increased regulation, a de facto waiting period for gun sales to adults under age 21, makes more people eligible to lose their Second Amendment rights, and adds dollars to grow the specter of "pre-crime" gun seizures with little due process.
It would appear that GOP lawmakers working on the bipartisan effort neglected to get ideas popular with gun owners folded into the package, such as the Hearing Protection Act, national concealed carry reciprocity, or erasing dated NFA barrel length limits. This is especially ironic as Cornyn has frequently been the author of national reciprocity bills in the past.
It's a lopsided compromise in name only that some in the 2A community will surely shrug off as it "doesn't sound too bad."
Nonetheless, Cornyn-Murphy allowed an opportunity to use all the right buzz words in the sophistry of the American gun policy conversation, just in time for Congress to recess for an Independence Day break.
"Today, we finalized bipartisan, commonsense legislation to protect America’s children, keep our schools safe, and reduce the threat of violence across our country," said the bipartisan group of lawmakers in an unattributed joint statement. "Our legislation will save lives and will not infringe on any law-abiding American’s Second Amendment rights. We look forward to earning broad, bipartisan support and passing our commonsense legislation into law."
Enhanced Background Checks for those under 21
Under the bill's language, it appears as if adults aged 18 to 20 would more than likely wait three federal business days for a background check to clear before receiving a firearm in an over-the-counter transfer through a licensed dealer. However, if juvenile or mental health records may exist for the would-be gun buyer, the check can be expanded for another 10 days. This is a change from the traditional restorative approach to juvenile justice in the country in which youthful transgressions are typically sealed to allow individuals to reintegrate with society and move into adulthood.
The FBI would get an extra $100 million in funding for "salaries and expenses" to help do the extra digging on said enhanced checks.
The move would impact as many as 13 million Americans. No word on when the enhanced check will be passed on to the rest of the population as well.
Taxpayer Dollars for Red Flags, et al.
The bill would green light $1.4 billion in Justice Department grants to state, local, and tribal jurisdictions to expand and implement a range of "crisis intervention programs."
Of that amount, $750 million could go to so-called "red flag" laws which are already in place in several blue states and allow police and others to petition a court for a temporary seizure – and subsequent blacklisting in the federal background check database – of guns from an individual who isn't believed to have committed a crime but may possibly. Such seizures can last for up to a year and present an uphill legal struggle for those subjected to them to get their rights restored and guns returned.
Pro-gun groups contend such laws are prone to abuse by bad-faith actors while prosecutors would be disinclined to pursue charges against fake claims so as to not chill the use of such orders.
Making it extra illegal to straw buy or traffic guns
Lying on federal gun transfer forms in an effort to buy a firearm for someone who is ineligible to possess one – a practice called "straw buying" – is already a crime, punishable by up to 10 years in prison. However, the bill would up this penalty and that of trafficking in such firearms to as high as 25 years if the gun went on to be used in a crime or act of terrorism. The latter penalty structure even had gun control groups publicly gasp, worried over its impact, especially on people of color.
The ATF would also receive an extra $1 million a year for anti-straw purchase programs.
To make it easier to prosecute individuals who sell personally-owned firearms without a federal firearms license, the bill would add 400 words to the current, somewhat squishy, definition of “engaged in the business” of dealing guns. Even after the addition, the language is still not clear in terms of how many guns can be sold or in what period before a license is needed, leaving that red line subject to the interpretation of the ATF.
Closing the 'Boyfriend Loophole'
Currently, spouses, former spouses, and those who share a child can have their Second Amendment rights voided for good after a conviction of a misdemeanor crime of domestic violence against a partner or former partner. The bill would expand that pool to those in a "dating relationship." This restriction could be restored after five years, via legal channels.
Billions in other outlays
An additional $800 million allocated through the Department of Health and Human Services would go to ‘"Health Surveillance and Program Support" to fund a variety of social programs ranging from money to the national suicide hotline to community mental health services. Other funds would go to expand access for schools under Medicaid or CHIP for medical assistance.
Some $200 million would go to feed more criminal and mental health records from state and local sources into the ever-expanding federal NICS background check system – including combing through juvenile records for events that could be disqualifying to an adult.
The Department of Education would get just over $1 billion for "School Improvement Programs," defined as expanded mental health grant programs and not school security measures.
Thus, establishing a Federal Clearinghouse on School Safety Evidence-based Practices, under the Homeland Security Act, to advise schools.
Anti-Gun Groups Call it a 'First Step'
Although the bill is the largest potentially successful gun control bill on the horizon in Congress in over two decades, advocates are clear that it is only the beginning.
"There is more important work to be done, but this legislation takes important steps needed to protect communities and save lives from gun violence," said Gabby Giffords, founder of the gun control advocacy group that bears her name. "I urge the Senate to pass it, and I know that together we will keep fighting for our safety."
Shannon Watts, founder of Moms Demand Action, a group now under Bloomberg's Everytown banner, recently called the deal "An important first step" in an interview with MSNBC.
2A Groups oppose
Guns.com was emailed the below comment from Gun Owners of America on Cornyn-Murphy:
This evening, Gun Owners of America (GOA) reinforced their opposition to the Senate gun control package after reviewing text released earlier in the day. Among other alarming provisions, the legislation would encourage Backdoor Universal Background Checks by redefining many private sellers as gun dealers, financially incentivize states to enact unconstitutional “red-flag” laws, and would allow for so-called “enhanced background checks,” which are arbitrary delays in transferring firearms to adults not yet 21 years-old.
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“Once again, so-called ‘conservative’ Senators are making clear they believe that the rights of American citizens can be compromised away. Let me be clear, they have NO AUTHORITY to compromise with our rights, and we will not tolerate legislators who are willing to turn gun owners into second-class citizens. GOA fully opposes this unconstitutional legislation and will continue to encourage our millions of members to make their voices heard to their elected officials on this bill.”
From the NRA:
The NRA will support legislation that improves school security, promotes mental health services, and helps reduce violent crime. However, we will oppose this gun control legislation because it falls short at every level. It does little to truly address violent crime while opening the door to unnecessary burdens on the exercise of Second Amendment freedom by law-abiding gun owners.
This legislation can be abused to restrict lawful gun purchases, infringe upon the rights of law-abiding Americans, and use federal dollars to fund gun control measures being adopted by state and local politicians. This bill leaves too much discretion in the hands of government officials and contains undefined and overbroad provisions – inviting interference with our constitutional freedoms.
Decisions by the Supreme Court of the United States in the Heller and McDonald cases make clear that the Second Amendment is an individual constitutional freedom. We will always fight for those freedoms – and the fundamental values we have defended for over 150 years.
Meanwhile, the Firearms Policy Coalition asked a question that lawmakers may have been too busy reading the 80 pages to ponder before their rushed votes.
