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Vol. 6, No. 18 5/14/99

GUN-RELATED VOTES TAKE
CENTER STAGE IN U.S. SENATE

      In a flurry of activity, the U.S. Senate took convoluted and often contradictory actions on a host of gun-related amendments to the Senate Juvenile Justice Bill, S. 254. On Wednesday, the Senate defeated a Draconian amendment by Sen. Frank Lautenberg (D-N.J.) by a vote of 51-47. It would have ended gun shows as we have always know them; mandating NICS checks for all firearm transfers at gun shows, the sole focus of media reports, was only the tip of the iceberg. The Senate then adopted a measure by Sen. Larry Craig (R-Id.), by a vote of 53-45, to establish a new class of FFLs for gun show promoters, who would then be able to offer voluntary NICS checks to any private citizen who wished to run a check before transferring a firearm to another private individual at a gun show.

      That amendment also contained some very strong NICS reform language including:
  1. a prohibition on the Administration's illegal practice of compiling records on lawful gun owners;
  2. permanent prohibition on FBI efforts to levy a fee for NICS checks;
  3. preventing liability for private citizens who transfer a gun under a NICS check; and
  4. reducing from three days to 24 hours the maximum time period allotted for FBI to delay purchases at guns shows under NICS.
Sen. Craig's picture?
Senator Craig

Senator Ashcroft
      Thursday saw even heavier action where the Senate adopted on a 96-2 vote, an amendment by Sen. John Ashcroft (R-Mo.), which placed possession of "assault weapons" and "high capacity magazines," as defined in federal law, under the provisions of the Youth Handgun Safety Act (YHSA). In essence, persons under 21 could possess these items within the many exceptions of the YHSA, including hunting, sport shooting, and/or with permission of a parent.

      Regrettably, the Senate then passed an amendment by Sen. Dianne Feinstein (D-Cal.) banning the importation of magazines holding 10 or more rounds. Possession, ownership, and transfer of existing magazines would be unaffected. Unfortunately, also on Thursday, several Republican Senators -- including Senators Collins (Maine), McCain (Ariz.) and Gordon Smith (Ore.) threatened to reverse their votes and support the Lautenberg Amendment unless NICS checks were required on private sales at gun shows.

      Today the Senate hit the ground running, killing by a vote of 50-43, Sen. Charles Schumer's (D-N.Y.) amendment requiring any Internet firearm advertiser to be a licensed dealer. The Senate then revisited the issue of voluntary NICS checks on private sales at gun shows, and by a one vote margin, passed a "clarifying" amendment making such checks mandatory. Although this change was adopted, the Senate retained the language making substantial reforms to NICS. Of course, don't be surprised when the media totally ignores in their coverage of this debate the gains gun owners made in improving NICS.

      The Senate will resume action on more anti-gun amendments to this bill on Tuesday, and the following Senators need to hear from their constituents, in opposition to any further gun control amendments, on Monday: Senators DeWine (R-Ohio), Edwards (D- N.C.), Fitzgerald (R-Ill.), Hollings (D-S.C.), Lugar (R-Ind.), Robb (D-Va.), Voinovich (R-Ohio), and Warner (R-Va.). These Senators can be reached at (202) 224-3121. Perhaps as early as next week, the House will begin working on its juvenile justice bill, and you can bet some of the more restrictive proposals that weren't accepted by the Senate, e.g., the sweeping Lautenberg gun show amendment, will be brought up in some form by the anti- gunners in the House. Please call your U.S. Representative at (202) 225-3121, and urge him to enforce existing law, not pass more gun control legislation.

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