Congress to Consider Two Key Gun Control Bills

Although we do not see much coverage in our national print and broadcast media, gun control issues continue to be on the agenda of both the House of Representatives and the Senate of the United States Congress. Two bills are currently receiving a great deal of attention on Capitol Hill and need the support of advocates in order to be advanced. Senator Diane Feinstein (D-CA) has introduced S25 in the Senate while Representative Marty Meehan (D-MA) has introduced HR1247 a similar bill in the House. The second bill is S767 by Senator Jack Reed (D-RI).

S25/HR1247--

Representative Meehan's bill is written to create a system of handgun licensing and record of sale. It is believed that if this bill were to become law, it will greatly reduce 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 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 system of licensing and appropriate record keeping to track handgun transfers, it is difficult 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. The figure is 40% for firearms recovered from youth. HR 1247 would require a record of sale for all future sales or transfers, which would assist law enforcement 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. Virtually 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 United States. Additionally, four states - New York, Connecticut, Massachusetts, and Hawaii - already require licensing and record of sale, or their equivalents. In order for these four states to effectively enforce their requirement for the licensing of guns, they would gain better enforcement if their neighboring states would do likewise. Guns traveling across the border from more lenient gun licensing states add to the burden of crime in states that are doing their best to stop the gun violence they experience in their communities.

At this writing, this bill has the support of the Coalition to Stop Gun Violence,
Children's Defense Fund, National Association for the Advancement of Colored People (NAACP), National Council of Jewish Women and Union of American Hebrew Congregations. More are expected.

S767 The Reed Gun Show Bill-'The Gun Show Background Check Act

In the Senate there is the battle of the Gun Show Loophole bills regarding which is the best approach to take. Senators McCain and Lieberman have one approach, while Senator Reed has yet another.

Gun control and licensing advocates are asking that we oppose the Gun Show Loophole Closing and Gun Law Enforcement Act of 2001 (S. 890), as sponsored by Senators John McCain (R-AZ) and Joe Lieberman (D-CT) because it would open more loopholes than it would close. We are asked to oppose S. 890 and instead give our support to The Gun Show Background Check Act (S. 767). It is felt that the Reed bill is the only bill that will effectively close the deadly gun show loophole.

Senators John McCain (R-AZ) and Joseph Lieberman (D-CT) have presented their bill S890 as a "compromise" bill and it better than no bill at all. Often a compromise is good. However in this case, advocates of closing the gun show loop hold feel that it is not better than nothing-in fact it's worse:

• The McCain-Lieberman sets weaker standards for unlicensed individuals versus licensed dealers. The McCain-Lieberman bill would shorten the background checks for sales by unlicensed sellers from 3 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 precisely the reason for closing the gun show loophole in the first place.
• The McCain-Lieberman bill 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 complete 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), sponsored by Senator Jack 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 nightmare for law enforcement.

ACT NOW

In order to get these bills going and to regenerate the gun control and licensing debates in the House and the 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 continue to support such measures. Advocates can:

• Urge their members to become co-sponsors of these bills S 767, S 25 and HR1247 and urge them to vote favorably when the time comes. Ask that the timeframe for background checks be adequate to the task.
• Urge your state legislature to also approve such regulations of gun show sales. Get co-workers, family members and members of your church to also write letters or make calls to their representatives.
• Feel free to make copies of this publication to share with others.
• Call Congress at 202-224-3121.
• Write to your Members:

Dear Senator
US Senate
Washington, DC 20510

Dear Representative
US House of Representatives
Washington, DC 20515

General Assembly

In 2000, the general Assembly instructed the Stated Clerk of the General Assembly to urge the President and the United States 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.