As the U.S. Senate gets ready for debate on a gun control bill from Democrats, the first amendment up for discussion will be a deal on expanded gun sales background checks from Sen. Joe Manchin (D-WV) and Sen. Pat Toomey (R-PA).
The Senate last Thursday voted 68-31 to force the beginning of formal debate on the overall gun bill; Senators later adopted the "Motion to Proceed" to the bill by voice vote, and the Manchin-Toomey proposal was then made the pending business.
My review of the language of the Manchin-Toomey plan found several things that stand out:
The plan authorizes $400 million in spending ($100 million/year from 2014-2017) for a 4 year plan to ensure "maximum coordination and automation" of information into the National Instant Background Check System (NICS).
The plan basically says each state must add more info to the NICS system or they lose 10% of grant monies that are handed out by the feds under a 1968 anti-crime law.
That penalty goes to 11% in year two, then 13% in year three and 15% in the fourth year for failure to help augment the system.
The Manchin-Toomey plan clarifies that mental health records should go into the NICS system and that other laws like HIPAA don't bar their inclusion.
One section would also give "additional protections" to veterans to make sure they aren't put on the list to keep them from getting a weapon.
Subtitle B of the plan says the instant checks must be speeded up in future years, so they are at 48 hours for a gun show purchase, reaching 24 hours after a four year period.
Then we get into some more interesting legislative language.
The plan seems to say that you - as an individual at a gun show - cannot "transfer" a firearm to anyone unless it is done by a licensed dealer, manufacturer or importer:
"Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs--
``(A) at a gun show or event, on the curtilage thereof; or
``(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm."
The Manchin-Toomey plan also says that gun stores/licensed gun dealers would be allowed to use the NICS system to do "voluntary preemployment background checks on prospective employees."
The amendment also includes an extensive description in legal language on how a gun must be transported across state lines, which includes a "limitation on arrest authority" to say a person can't be arrested for transporting the firearm/ammunition (unless they're up to no good.)
The plan specifically says this legislation does not apply to anything outside of gun shows or to temporary transfers for hunting/sporting/exam purposes by a possible buyer.
Lots of people keep telling me to read bills, and I do - you should too, because maybe you will see something that I did not in the Manchin-Toomey amenmdent.
Give it a read and tell me what you found.
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As the U.S. Senate gets ready for debate on a gun control bill from Democrats, the first amendment up for discussion will be a deal on expanded gun sales background checks from Sen. Joe Manchin (D-WV) and Sen. Pat Toomey (R-PA). The Senate last Thursday voted 68-31 to force ...
