Two Senators unveiled a plan today to extend background checks to all commercial gun sales, whether at a gun show or online. The deal between Sen. Joe Manchin (D-WV) and Sen. Pat Toomey (R-PA) would also exempt some gun sales from background checks, when they occur between relatives or neighbors.
"We're not infringing on their rights as an individual citizen," said Manchin at a U.S. Capitol press conference, "but basically if you're going to go to a gun show, you should be subjected to the same (treatment) as if you went to the gun store.
As for the details, here are the basic points from a news release given to reporters:
The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.
The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.
TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM
Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.
- Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.
- Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees.
- Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
- Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.
TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES
Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.
- Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.
- Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.
- Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.
- Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
- Requires that if a background check at a gun show does not result in a definitive response from NICS within 48 hours, the sale may proceed. After four years, when the NICS improvements are completed, the background check would clear in 24 hours. Current law is three business days.
- Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.
- Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
- Permits interstate handgun sales from dealers.
- Allows active military to buy firearms in their home states.
- Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks
TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE
Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.
The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.
WHAT THE BILL WILL NOT DO
The bill will not take away anyone's guns.
The bill will not ban any type of firearm.
The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.
The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.
The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens.
Again, the above was taken from a press release issued by Senators Manchin and Toomey.
As for the reaction from the National Rifle Association, here was the group's statement:
Expanding background checks at gun shows will not prevent the next shooting, will not solve violent crime and will not keep our kids safe in schools. While the overwhelming rejection of President Obama and Mayor Bloomberg's "universal" background check agenda is a positive development, we have a broken mental health system that is not going to be fixed with more background checks at gun shows. The sad truth is that no background check would have prevented the tragedies in Newtown, Aurora or Tucson. We need a serious and meaningful solution that addresses crime in cities like Chicago, addresses mental health deficiencies, while at the same time protecting the rights of those of us who are not a danger to anyone. President Obama should be as committed to dealing with the gang problem that is tormenting honest people in his hometown as he is to blaming law-abiding gun owners for the acts of psychopathic murderers.
As for reaction from the White House, here is a statement issued by the President:
I applaud Senators Joe Manchin and Pat Toomey for their leadership on forging a bipartisan agreement around commonsense background checks that will make it harder for dangerous people to get their hands on a gun.
This is not my bill, and there are aspects of the agreement that I might prefer to be stronger. But the agreement does represent welcome and significant bipartisan progress. It recognizes that there are good people on both sides of this issue, and we don't have to agree on everything to know that we've got to do something to stem the tide of gun violence.
Of course, a lot of work remains. Congress needs to finish the job. The Senate must overcome obstruction by defeating a threatened filibuster, and allow a vote on this and other commonsense reforms to protect our kids and our communities. Any bill still has to clear the House. So I'm going to keep asking the American people to stand up and raise their voices, because these measures deserve a vote – and so do the families and communities they're designed to protect.
Two Senators unveiled a plan today to extend background checks to all commercial gun sales, whether at a gun show or online. The deal between Sen. Joe Manchin (D-WV) and Sen. Pat Toomey (R-PA) would also exempt some gun sales from background checks, when they occur between relatives or neighbors. ...
