Congress Considers Fix Gun Checks Act To Close Gun Ownership Loopholes

[onehandle]

Cliff Schecter notes that Congress is actually holding hearings on gun control legislation this week:

Congress began to look into how we can take some common-sense steps to curb the sales of firearms to criminals those mentally unfit for firearms ownership. The Senate Subcommittee on Crime and Terrorism held hearings on the Fix Gun Checks Act – a product of a nationwide, grassroots campaign led by Mayors Against Illegal Guns (for whom I consult) and Omar Samaha, whose sister was murdered at Virginia Tech in 2007.

The hearings, highlighted by a pilgrimage to Capitol Hill by over 50 survivors of massacres at Virginia Tech, Tucson, Columbine and other tragedies across the country, marked the first time since these terrible incidents occurred that Congress has taken the time to seriously consider how we can better keep guns out of the hands of criminals, and mentally ill individuals.

Will it pass? The NRA has still got a death grip on Congress, but it's also hard to ignore the reasonable voices of so many people left bereft by gun loopholes.

http://crooksandliars.com/susie-madrak/congress-considers-fix-gun-checks-act

[Gman]

1. I suspect the GOP is actually doing this to motivate their base

And will hold this up as proof that the Dems and Obama are coming after your guns by declaring you crazy, or something.

Makes for good fundraising stuff and emails from your wingnut brother in law.

[Tuesday Afternoon]

4. +1

[krispos42]

7. People in this forum have strongly implied that people that carry for self-protection...

...are crazy, that they have some psychological issue at work. The general attitude seems to be that if you come to the conclusion you should carry a gun or own one for home self-defense, that is ipso facto proof that you should not have a gun.

[iverglas]

10. can you just be a little clearer there?

Do I understand correctly: that you are saying that the people from Virginia Tech, for example, are working on behalf of the Republican Party when they call for responses to the problems in the present situation, such as the one that enabled the person who killed their fellow students and co-workers to access firearms?

I'll put the question to the person who "+1"ed the comment too, of course.

[Gman]

11. I'm saying the bill has no chance of passing in this GOP House

it won't come close to going to the Senate. I'm saying that since Obama's lack of doing anything on gun control has been notable and even acknowledged by many on the right, they need to get the gun nuts motivated that the government's coming for their guns. What better way to do it than at least introduce legislation that can be construed and distorted to mean the government is going to have you declared crazy so they can take your gun. Sounds reasonable enough to a whack job right wing nut. This would only confirm that to them.

[iverglas]

13. are you quite sure you know what you're saying?

I'm saying that since Obama's lack of doing anything on gun control has been notable and even acknowledged by many on the right, they need to get the gun nuts motivated that the government's coming for their guns. What better way to do it than at least introduce legislation ...

The legislation was introduced by Carolyn McCarthy.

Be just a little bit clearer, now.

[AtheistCrusader]

17. Be that as it may

this is incredibly convenient for the RNC/NRA noise machine. They are already flipping out about it, and already laying the blame at Obama's feet.

Fortunately, I think their bullshit is wearing thin, but you never know how these things play out.

[AtheistCrusader]

16. The VT issue has already been patched, and the solution put into production.

Best remaining item in that category, would be to add a stick, in place of the lack of a carrot, in that federal reporting mechanism requirement for NICS. That would have prevented the acquisitions by Cho.

Arizona, well, Loughner wasn't involuntarily committed, so we need some sort of 'nomination' system where people like college administrators, etc, who booted his ass off campus, can flag for some sort of evaluation before the person can acquire firearms. Proposed legislation above does fuckall in that regard.

Columbine involved straw purchase, and theft of firearms from eligible purchasers. All straw purchasers were identified, and served time. So, proposed legislationd does fuck-all for that.

I'm not sure who of the group of people supporting this legislation, would have benefited from it. It's stupid assed legislation.

Just open up NICS to public access. Withdraw 'I thought he was an ok guy' immunity for selling a gun to a creep. (the 'knowingly' clause) People selling will start using NICS to re-gain that immunity.

Done. This other shit is just stupid noise.

[CreekDog]

2. there are people at DU that don't want this loophole closed --and that's horrifying

it's getting to the point where "survivors" of well-known mass shootings are so numerous that they can make for a rather large protest.

[Name removed]

3. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[krispos42]

6. I doubt very much that that is true

The mental/prison recordkeeping gap... that's an issue EVERYBODY wants fixed.

[AtheistCrusader]

18. It isn't a loophole at all.

Nor will it be closed.

And most of the instances cited in the OP had nothing to do with, and would not have been prevented by, this legislation.

[We_Have_A_Problem]

22. What is this loophole of which you speak?

If the information is not entered into the system, there's no way it is going to be caught on a search. Garbage in, garbage out as they say...

[krispos42]

5. "common sense"

Yeah, I'll believe it when I see it. At this point, that term sends up a warning flag that the bullshit is about to become hip-deep. Let's see...

The report finds that millions of records what would identify individuals as mentally ill or drug abusers are missing from the federal background check database due to lax reporting by state agencies. It also finds that federal agencies are not reporting requirements to the background check system despite the law that all federal agencies report “any record of any person” who is prohibited from purchasing firearms to the FBI’s National Instant Criminal Background Check System.

Ah... the Republican's "small government" at work, I see. I'm sure that some people think we should just not allow guns sales if the background check system doesn't work. Well, that has a lot in common with the Republicans' policy of defunding things they don't like, IMO.

The report finds that 23 states and the District of Columbia have submitted less than 100 mental health records to the federal database, 17 states have submitted less than 10 mental health records and four states haven’t submitted any records at all. On the substance abuse records side, 44 states submitted less than 10 records while 33 states haven’t turned in a single record.

Seem that either the feds (because it's their law) should pony up some funds for the states to use to process these reports in a timely manner, or maybe the states should spend less time and money imprisoning potheads and more time and money reporting felonies to the FBI.

[spin]

8. I fully support efforts to improve the NICS background check ...

and would like to see it extended to ALL private sales. Of course many gun owners disagree with me.

I should point out that I have my own rules for selling firearms.

1) I have to personally know the person who wants to buy any of my firearms.

2) That individual has to have a valid concealed weapons permit.

The last time I sold any of my firearms was five years ago when I was in the process of moving from Tampa. I sold several handguns to a co-worker and fellow shooter who had a concealed weapons permit. He's a firearms collector as well as a shooter and I doubt if he will resell any of my handguns.

[burf]

9. The subject is already addressed

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x480440

How can the NICS be effective only 50 percent of arrest dispositions end up in the federal database?

[DissedByBush]

12. "common sense"

Always look out for that word.

They thought the AWB was "common sense" yet it was one of the stupidest pieces of legislation ever.

[MicaelS]

14. The "mentally ill reporting" issue is just another example of

The frequent "unfunded mandates" that the US Congress passes. Congress has a "we HAVE to do something attitude", which means they they have to be "seen to be doing something". So they pass another law that prescribes behavior by the states, but then they don't fund the additional state bureaucracy that their new law requires. So when their new law fails, they go back later and claim the states "aren't doing enough", so they pass ANOTHER law, but this time it is punitive in action, and is to penalize the states by withholding Federal Highway Funds (a favorite target), or some other Federal money.

The real question is why such Federal Actions are not fully funded in the first place?

And I support opening the NICS to everyone, and it should be on the Federal budget.

[AtheistCrusader]

19. It is funded.

But it is only an incentive. It has no penalty for failure to comply, other than a withdrawl of the federal funding.

The carrot needs a proportional complementary stick.

[MicaelS]

21. I stand corrected then....

And I agree with with you about the stick.

[OneTenthofOnePercent]

15. I think the Senate/Obama would pass it, but not the House... they should repackage it with HR822

The House loves HR822 (half of them cosponsored it) and the Senate and Obam will be reluctant to support it.
Obama and the Senate would support the Fix Gun Checks Act but the House will be tough to get on board.

Looks like a great (and rare) opportunity for oth sides to compromise!
Why not combine and repackage the "National CCW Recirocity Bill" with the "Fix Gun Checks Act" into a single bill?

IMO, the FGC legislation is mostly feel good anyways and won't reduce crime significantly...
so why not use it as a bargaining chip to pass other Pro RKBA legislation.

[Callisto32]

20. Oy.

There is no such thing as a "loophole."

What you mean is "state of the law with which I disagree."

That is all.