Benicia Herald - On Gun Legislation, Thompson Says Proposed Act Is ‘Big Step'
April 11, 2013
By Donna Beth Weilenman
A bipartisan compromise act addressing background checks for firearms sales, the collaboration of two junior U.S. senators, earned the praise of U.S. Rep. Mike Thompson, D-Napa, Benicia's representative in the House.
The Public Safety and Second Amendment Rights Protection Act, by Sen. Joe Manchin, D-W.Va., and Sen. Pat Toomey, R-Pa., 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 act would extend background check requirements to sales at gun shows and through the Internet, and it would ban the federal government from creating a national firearms registry. It also would impose serious criminal penalties of up to 15 years in prison on those who misuse or illegally retain firearms records.
The act may face a Senate vote Thursday.
Thompson and U.S. Rep. Pete King, R-N.Y., who are working on the House side on similar legislation, issued a joint statement Wednesday on the act.
“This agreement is a big step forward, and we commend Senators Manchin and Toomey for working across the aisle on legislation that will expand our current background check system,” they wrote.
“Background checks on firearm purchases are the first line of defense against criminals and the dangerously mentally ill getting guns,” their statement said. “This legislation is enforceable, it will save lives, and it respects the Second Amendment rights of law-abiding Americans.”
The statement continued: “Moving forward, we will continue working with our colleagues on both sides of the aisle here in the House, and plan on introducing similar legislation to require comprehensive and enforceable background checks on all gun sales with reasonable family and friends exceptions.”
Thompson is chairman of a House task force on gun violence prevention, which issued its own list of recommendations to Congress last February. Improved background checks were among the recommendations.
The compromise act would encourage states to provide all available records to NICS, and punish those that don't by restricting federal funds to those that don't comply. It would let dealers voluntarily use the data base to run background checks on prospective employees.
The act would make clear that submitting mental health records to NICS isn't prohibited by federal privacy law, and provide a legal process for a veteran to contest placement in the system when there is no basis for blocking the veteran's right to own a firearm.
The act's writers said it would close the gun show and other loopholes in background check requirements, though temporary transfers and transfers between family members would remain exempt. If a background check at a gun show doesn't produce a definite NICS response within 48 hours, the sale can proceed. Currently, the period is three business days; in four years, the response time would be trimmed to 24 hours.
Also in the act:
- The Federal Bureau of Investigation would give priority to completing background checks at gun shows before those at stores.
- It would protect sellers from lawsuits if a weapon is cleared through the expanded background checks but later is used in a crime, and it defines responsible transport of firearms across state lines.
- The act would authorize the use of a state concealed-carry permit for those buying from a dealer, and would allow interstate handgun sales from dealers. In addition, active military members would be able to buy firearms in their home states.
- A national commission assigned to study the causes of mass violence in the United States would be established, and would be made up of six experts appointed by the Senate Majority Leader, and six more chosen by the Speaker of the House. The panel would submit an interim report in three months, and a complete report in six months.
The authors said the act doesn't take away guns, nor does it ban any type of firearm or restrict bullet types or clip or magazine sizes.
In his own statement about the act, Toomey said, “Pennsylvania has a long, bipartisan tradition of supporting gun rights. I am a proud part of that tradition. I am a gun owner. I revere the rights enshrined in our Second Amendment. My record shows this.
“Criminal background checks are just common sense. If you pass a criminal background check, you can buy a gun. It's the people who fail a criminal or mental health background check that we don't want having guns.
“That can be done without infringing on law-abiding people's gun rights. And we ought to do it.”
The Public Safety and Second Amendment Rights Protection Act, by Sen. Joe Manchin, D-W.Va., and Sen. Pat Toomey, R-Pa., 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 act would extend background check requirements to sales at gun shows and through the Internet, and it would ban the federal government from creating a national firearms registry. It also would impose serious criminal penalties of up to 15 years in prison on those who misuse or illegally retain firearms records.
The act may face a Senate vote Thursday.
Thompson and U.S. Rep. Pete King, R-N.Y., who are working on the House side on similar legislation, issued a joint statement Wednesday on the act.
“This agreement is a big step forward, and we commend Senators Manchin and Toomey for working across the aisle on legislation that will expand our current background check system,” they wrote.
“Background checks on firearm purchases are the first line of defense against criminals and the dangerously mentally ill getting guns,” their statement said. “This legislation is enforceable, it will save lives, and it respects the Second Amendment rights of law-abiding Americans.”
The statement continued: “Moving forward, we will continue working with our colleagues on both sides of the aisle here in the House, and plan on introducing similar legislation to require comprehensive and enforceable background checks on all gun sales with reasonable family and friends exceptions.”
Thompson is chairman of a House task force on gun violence prevention, which issued its own list of recommendations to Congress last February. Improved background checks were among the recommendations.
The compromise act would encourage states to provide all available records to NICS, and punish those that don't by restricting federal funds to those that don't comply. It would let dealers voluntarily use the data base to run background checks on prospective employees.
The act would make clear that submitting mental health records to NICS isn't prohibited by federal privacy law, and provide a legal process for a veteran to contest placement in the system when there is no basis for blocking the veteran's right to own a firearm.
The act's writers said it would close the gun show and other loopholes in background check requirements, though temporary transfers and transfers between family members would remain exempt. If a background check at a gun show doesn't produce a definite NICS response within 48 hours, the sale can proceed. Currently, the period is three business days; in four years, the response time would be trimmed to 24 hours.
Also in the act:
- The Federal Bureau of Investigation would give priority to completing background checks at gun shows before those at stores.
- It would protect sellers from lawsuits if a weapon is cleared through the expanded background checks but later is used in a crime, and it defines responsible transport of firearms across state lines.
- The act would authorize the use of a state concealed-carry permit for those buying from a dealer, and would allow interstate handgun sales from dealers. In addition, active military members would be able to buy firearms in their home states.
- A national commission assigned to study the causes of mass violence in the United States would be established, and would be made up of six experts appointed by the Senate Majority Leader, and six more chosen by the Speaker of the House. The panel would submit an interim report in three months, and a complete report in six months.
The authors said the act doesn't take away guns, nor does it ban any type of firearm or restrict bullet types or clip or magazine sizes.
In his own statement about the act, Toomey said, “Pennsylvania has a long, bipartisan tradition of supporting gun rights. I am a proud part of that tradition. I am a gun owner. I revere the rights enshrined in our Second Amendment. My record shows this.
“Criminal background checks are just common sense. If you pass a criminal background check, you can buy a gun. It's the people who fail a criminal or mental health background check that we don't want having guns.
“That can be done without infringing on law-abiding people's gun rights. And we ought to do it.”