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Guns
The Brady Act and the Assault Weapons
Ban * Protection of Lawful Commerce
in Arms Act * Gun
Show Loophole * Gun Dealers
* The Juvenile Gun Crime Reporting Act
* Enforcement of Existing Gun Laws
* H.R. 5013, the Disaster Recovery
Personal Protection Act
While I keep an open mind regarding proposed gun control
legislation, I am very concerned about the use of firearms
and believe there must be some regulations on their purchase
and use.
I do not support a ban on most guns because Americans have
a Constitutional right to bear arms, but I support closing
the gun show loophole, as well as the other provisions recently
passed by the Senate.
There are a number of modest but important ways we can update
our nation's gun laws to help keep firearms out of the hands
of children and criminals. In my judgment, we need to:
1. Require manufacturers to put child safety locks on all
handguns;
2. Extend the existing ban on juvenile possession of handguns
to include semiautomatic rifles;
3. Subject purchases at gun shows to the same rules and
regulations that govern purchases at gun stores;
4. Hold parents criminally liable when they permit their
children to have access to guns later used in crimes;
5. Impose a lifetime ban on gun ownership for juveniles
who commit violent crimes;
6. Reinstate a three-day Brady waiting period for all handgun
purchases; and
7. Ban the importation of all ammunition magazines that
can hold more than 10 rounds.
The Brady Act and the Assault Weapons
Ban
Since coming to Congress, I have been a strong supporter
of sensible proposals to limit the availability of firearms.
In 1993, I was an original cosponsor of the Brady Handgun
Violence Prevention Act, which provided for the performance
of a background check, as well as a five-working-day waiting
period, before any individual can purchase a handgun.
As you may know, the Assault Weapon Ban (AWB) expired on
September 13. I oppose the expiration of the ban, and I am
disappointed House leadership did not bring reauthorization
of the AWB to the floor for a vote.
I am concerned about gun violence and military-style assault
weapons designed to quickly kill large numbers of people.
These guns are not well suited for hunting but their light
triggers and rapid-fire capability make them the weapon of
choice for some criminals. I was an author and lead sponsor
of the original ban in 1993 and 1994, and in my judgment,
this law has been successful in keeping many dangerous weapons
off our streets.
I wrote to the President and the House leadership in May,
July, and again in September to urge them to allow for an
up-or-down vote on reauthorizing the ban. I was also an original
cosponsor of H.R.
3831 during the last Congress, which would have
reauthorized the AWB for another 10 years.
Protection of Lawful Commerce
in Arms Act
On October 20, 2005, I voted against S.
397, the Protection of Lawful Commerce in Arms Act,
which passed the House by a vote of 283 to 144. The President
signed this bill into law on October 26, 2005.
I oppose S. 397 because the gun industry has had many opportunities
to include common sense gun safety measures in their legislation,
and they have refused to do so. Although I was pleased the
legislation included a requirement that all licensed importers,
manufacturers and dealers who engage in the transfer of handguns
must provide secure gun storage or safety devices, other reforms
such as extending the existing ban on juvenile possession
of handguns to include semiautomatic rifles and subjecting
purchases at gun shows to the same rules and regulations that
govern purchases at gun stores, would be sensible proposals
to limit the availability of firearms.
Also, while I believe manufacturers should not be held accountable
for the irresponsible actions of those who misuse guns, I
believe our justice system will do what is right and rule
against parties that are trying to use the courts for frivolous
lawsuits.
Gun Show Loophole
Operating under a dangerous loophole in federal law, gun
shows provide a venue for firearms sales that is very different
from gun stores. When people buy handguns from gun stores,
they must undergo a background and identification check, fill
out a Brady Form, and a record of the sale is kept for reference
in case the gun turns up in a crime.
I am an original cosponsor of H.R.
3540, the Gun Show Loophole Closing Act. This
legislation is a common sense measure that ensures background
checks are performed at gun shows -- something I hope we can
all agree on -- while not infringing on the Second Amendment
rights of law-abiding citizens.
This legislation requires a maximum three-day waiting period
for the five percent of background checks that are not approved
within the first two hours. Although 95 percent of all background
checks are completed within this period, the remaining five
percent take longer because most states have yet to automate
all of their conviction records. Under the bill states that
computerize 95 percent of their records will be permitted
to reduce the maximum waiting period to 24 hours.
This legislation is balanced with additional resources to
help enforce existing laws, promote Project Exile programs,
foster "Smart Gun" technology, and help states automate
their records so law-abiding gun owners are not needlessly
delayed.
Gun Dealers
I am an original cosponsor of H.R.
4390, the Crackdown on Deadbeat Dealers Act,
which will improve compliance of ATF regulations and keep
guns out of the hands of criminals. This bill increases the
permitted number of annual ATF inspections for delinquent
firearms dealers, raises the maximum criminal penalty for
dealers who commit serious record keeping offenses, authorizes
the ATF to suspend a firearm license after notice and allows
the ATF to terminate a firearms dealer's license upon felony
conviction.
The Juvenile Gun Crime Reporting Act
I believe we need to keep firearms out the hands of people
who have a record of violence. During the last Congress, I
was a cosponsor of H.R.
3411, the Juvenile Gun Crime Reporting Act, which
was introduced by Congressman Rahm on October 30, 2003. This
bill would impose a lifetime ban on gun ownership for juveniles
who commit violent crimes.
H.R. 3411 would also authorize the Attorney General to take
away federal grant funding from states that cannot prove they
have the capability and do contribute to a system for criminal
justice identification.
Enforcement of Existing Gun Laws
I believe we need to do a better job of enforcing the gun
laws already on the books. But enforcing existing laws and
recommending new laws when changes are necessary should not
be mutually exclusive. We can -- and should -- do both.
It strikes me as somewhat ironic that many of the same people
who opposed the Brady Bill and the Assault Weapons Ban now,
in opposing new regulations, call for the greater enforcement
of these two laws.
One program that is helping increase gun crime prosecutions
is Project Exile -- a federal, state, and local effort led
by the United States Attorney's Office in Richmond, Virginia
that prosecutes felons in possession of guns. When law enforcement
officials apprehend criminals with guns, they are "exiled"
to federal prison for a minimum of five years.
Given Richmond's success with this program, I would like
to see more cities experiment with a version of Project Exile,
and would be interested in seeing the results.
H.R. 5013, the Disaster
Recovery Personal Protection Act
I voted for H.R.
5013 when it passed the House by a vote of 322
to 99. This bill is designed to ensure that lawful gun owners
are allowed to keep their firearms during major disasters,
such as hurricanes.
The bill reinforces the right to bear arms outlined in the
Second Amendment — a right that is especially crucial
in the aftermath of a disaster, when citizens are more likely
to have to defend themselves and their property.
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