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Are the Senate gun talks about to implode?

June 17, 2022 by Cam Edwards Leave a Comment

Democrats are pushing to get a bill on the Senate floor ahead of the Independence Day recess next week, but there are serious doubts about whether or not that’s going to happen as negotiators have hit a stumbling block; a portion of the package that would expand the definition of a domestic violence misdemeanor to include “dating partners.” Federal law bars those convicted of a domestic violence misdemeanor from legally purchasing or possessing a firearm, but the current federal definition encompasses spouses and family members. Democrats want to broaden that definition to include “dating partners” as well, but both Democrats and Republicans involved in the negotiations say the issue is more complicated than it may appear.

Sen. Christopher S. Murphy, D-Conn., who has been leading the talks, described it as “a complicated question of state statutes and state charging practices.”

Sen. John Thune of South Dakota, the No. 2 Republican, said the boyfriend question was surprisingly complex.

“The surface explanation seems like it would be fairly simple, but I know that as they try to reduce it to legislative text, I think it’s gotten a little bit more uncomfortable,” said Thune, who is not directly involved in the negotiations.

… The final haggling has centered on the details of closing the boyfriend loophole, including the definition and whether those subject to the gun ban should be able to appeal. Negotiators also spent Thursday debating the red flag law funding and whether states that do not have such laws can receive money.

The impasse on the boyfriend loophole has become so sticky that Sen. John Cornyn, R-Texas, and a crucial player in the talks, said that the proposal could be dropped from the package altogether.

“We’re not ready to release any smoke, so we don’t have a deal yet,” Cornyn said, declaring “I’m not frustrated — I’m just done” as he left a private negotiating session that stretched into the afternoon Thursday.

Republicans want to limit the reach of the domestic violence provision, while Democrats want to write it broadly.

“There are many people who committed domestic violence who aren’t actually charged with domestic violence — they are charged with simple assault, but they unquestionably committed an act of domestic violence,” Murphy said. “We are at a pretty critical stage of the negotiation, and so I’m not going to share anything that jeopardizes our ability to land this.”

Senators are trying to find an agreement on how, exactly, to define “dating partner”, but that’s not the only hurdle. Some Republicans have said they also want to see a process to restore the right to own a firearm after a misdemeanor conviction, which opens up a host of new questions that must be resolved before the legislation can take final shape. Among them, how long before someone can apply to have their rights restored and who would be eligible for a restoration?

While Texas Sen. John Cornyn, who’s the lead Republican negotiator on the Senate package, has left Washington for the weekend, other negotiators say the talks will continue and Cornyn himself said he would be available to talk remotely with his colleagues as they try to hammer out an agreement. Still, Cornyn said on Thursday that it’s time to “fish or cut bait”, which suggests that if the talks drag out much longer they may end up collapsing entirely.

One of the other stumbling blocks that had emerged over the past couple of days dealt with the federal grants to states that impose or “improve” their “red flag” firearm seizure laws. Cornyn had suggested on Wednesday that states that don’t have “red flag” laws but do have other crisis intervention programs should be able to access those federal funds without putting the money towards establishing a “red flag” statute, and it sounds like Murphy is willing to give ground in order to get an agreement in place, with him telling the Washington Post on Thursday that “Republicans clearly want to make sure that there’s money available for states that don’t move forward with red-flag laws, and we’re going to find a way to do that in this bill.”

Meanwhile, Axios reports that criticism of the negotiations and the framework itself is growing louder among Senate Republicans.

Several senators feel they’ve been shut out of the negotiating process and kept in the dark about crucial details, and will be asked to take a politically tough vote without enough time to digest the bill.

  • One GOP senator, speaking to Axios on the condition of anonymity to be candid about his concerns, branded Cornyn’s approach: “Shut up, and vote.”
  • “There’s considerable unhappiness in the conference that we seem to be approaching a bill that will unite all the Democrats and divide the Republicans,” said another senior Republican with direct knowledge of the internal talks.
  • The senior Republican mentioned that Sen. John Kennedy (R-La.) asked Cornyn during one lunch, “Are we focusing on gang violence and inner-city murders? And the response was, ‘No, we’re not focusing on that’ … And more than a few of us wondered why the hell not?”
  • “It would be prudent, and I think Sen. Cornyn knows this … it would be prudent to give senators plenty of time to read the bill and research the issues,” Kennedy told Axios.

As Axios points out, many of these senators are unlikely to agree to any legislation Cornyn and company manage to produce, and the agreement in principle came with the support of ten Republicans, which is enough to overcome the objections of the rest of the caucus.. as long as all ten sign on to the final text. The “senior Republican” quoted by Axios above is right, however, that whatever emerges is likely to get the full support of Senate Democrats but will be a much more divisive piece of legislation for the GOP, especially if Senate Majority Leader Chuck Schumer rushes the bill to the floor of the Senate for a vote before senators head home for the Fourth of July holiday.

Filed Under: <![CDATA[2022 elections]]>, <![CDATA[boyfriend loophole]]>, <![CDATA[Chris Murphy]]>, <![CDATA[domestic violence misdemeanor]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[John Cornyn]]>, <![CDATA[red flag law]]>, <![CDATA[Senate gun deal]]>, <![CDATA[Video]]>, Bearing Arms, News

Cornyn says “issues” remain in Senate gun deal

June 15, 2022 by Cam Edwards Leave a Comment

It doesn’t sound like Texas Sen. John Cornyn isn’t ready to throw in the towel on the Senate negotiations, but some hangups are apparently starting to emerge as Democrats and Republicans move from a “framework” to actual legislation.

Wednesday morning Cornyn met with a group of reporters to give them an update on the status of the bill, and Cornyn suggested that a deal might not be done this week because of a couple of “issues” that are popping up, starting with the language around giving

More Cornyn: “I just don’t think anything that funds 19 states for their programs but ignores other states that have chosen not to have a red flag law but rather have other ways to address the same problem is going to fly.”

— Manu Raju (@mkraju) June 15, 2022

The plan was to have a bill written and ready for a vote before the Senate recesses for the Independence Day holiday next week, but in order to do that the text of the legislation needs to be finalized in the next couple of days.

Is this really an emerging problem, however, or a negotiating tactic?

This is either a big problem or a way to get people to speed things and finish the legislation ASAP. Will probably know for sure tomorrow https://t.co/TFXyGgSt72

— Burgess Everett (@burgessev) June 15, 2022

Over at HotAir, my colleague Allahpundit notes that a lot of conservatives with a lot of influence, including Tucker Carlson at Fox News, have been ripping the red flag provisions in the “framework” announced last weekend, and wonders if this is a case of Cornyn getting cold feet.

I don’t know. According to Punchbowl, yesterday he made a presentation to GOP senators claiming that 84 percent of Americans who live in households with at least one gun support the package as described in the outline last weekend. No Republican official wants to piss off Fox News primetime, but Cornyn’s not up for reelection until 2026. If the numbers are on his side on this, he can certainly shrug Tucker off.

I still think the odds of the Senate doing “something” are greater than 50%, but every line of legislative text is another opportunity for the deal to fall apart. And it is noteworthy that Cornyn is now talking about grants for programs other than “red flag” laws, given that virtually all of the public statements up to this point have revolved around the federal government giving grants to states to implement those laws. Now it sounds like Cornyn wants to inject federal funds at the state level regardless of whether or not they’re used to establish red flag laws or are applied to existing laws in the 19 states that already have them in place.

I would expect that to be a big hangup for Democrats, many of whom are already complaining that the bill doesn’t go nearly far enough in imposing new restrictions on gun owners. Watering down the red flag provisions even further may cause some of them to walk away, but I don’t think either side wants to be seen as the reason why a deal couldn’t be reached.

Democrats want to be able to point to some sort of legislative accomplishment this year, even as they crank up their campaign rhetoric about the unwillingness of Republicans to approve “reasonable” measures like a ban on gun sales to adults younger than 21, bans on “large capacity” magazines, and criminalizing the sale of those dastardly AR-15s and other modern sporting rifles.

Republicans (or at least the ones who haven’t already come out and panned the framework agreement) are also looking towards November and want to reassure voters that they’ve done “something” on an issue that’s become increasingly important to the electorate over the past couple of months. If the talks collapse and no deal is reached, then both sides are going to point fingers at the other. The question on the minds of every one of the politicians taking part in the negotiations is “who are voters most likely to blame?”

Filed Under: <![CDATA[2022 elections]]>, <![CDATA[boyfriend loophole]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[John Cornyn]]>, <![CDATA[red flag law]]>, <![CDATA[Second Amendment]]>, <![CDATA[Senate gun deal]]>, <![CDATA[Video]]>, Bearing Arms, News

McConnell says he's “comfortable” with framework of Senate gun deal

June 14, 2022 by Cam Edwards Leave a Comment

This news is less than shocking for two reasons. First, McConnell had been supportive of the negotiations all along, and said when the framework was released on Sunday that the “principles they announced today show the value of dialogue and cooperation,” It’s no surprise then that he says he’s “comfortable” with the broad strokes of the deal and that he’ll vote for it if the final legislation “ends up reflecting what the framework indicated.”

The second reason, of course, is that both McConnell and Schumer (and virtually every other elected official facing voters this year) have their eyes on November, and while the GOP still enjoys a healthy and historic lead of anywhere from +2 to +9 on generic congressional ballot polling, McConnell is also well aware that crime and “gun violence” are now a much bigger issue for voters than they were before the shootings in Buffalo and Uvalde.

  • Two in five Americans (38%) feel gun violence and crime is the most important issue to them personally, moving 18 points from when the question was last asked in May (20%). Notably, inflation is still the top issue overall for Americans, with over half (55%) citing this as a personal problem for them.
  • While this is true, more Americans now report consuming news about crime and gun violence (76%) than inflation (66%). This also represents a substantial increase news consumption about crime and gun violence, as only half of Americans (50%) had seen crime and gun violence frequently on the news in early May.

A lot of that increase is driven by Democrats, which is a big reason why McConnell’s Democratic counterpart is so willing to take even a “modest” deal that he can both tout as a victory and use as a club against Republicans who wouldn’t do more. But even among Republicans and those crucial independent voters, concern about crime and “gun violence” grew from 17% to 27% among Republicans and from 17% to 37% among independents in a recent Ipsos poll.

Like it or not, voters are in full-on “do something” mode, and McConnell is making a political calculation that the framework as agreed to will win Republicans more votes than it will cost them from pissed off gun owners and Second Amendment activists come November. But, like many other Republicans (and some Democrats too), he’s also giving himself an out by reserving approval until he sees the actual legislative text that emerges from the negotiations.

I’ve said all along that these negotiations have been guided more by politics than policy, and that’s remained true every step of the way. Democrats are desperate for anything they can point to as an accomplishment, and Republicans who’ve planned on running against the Democrats’ embrace of defunding the police and soft-on-crime policies want to be able to say they took action when the attack ads accusing them of siding with mass murderers start airing this fall.

The trick for Democrats is convincing their base that the Senate deal represents a significant expansion of gun control laws, while Republicans have to convince their base that it does nothing to impact anyone’s Second Amendment rights. That could be a monumental task depending on what the final legislation looks like, but McConnell may very well be willing to risk it, believing that by November even the most ardent Second Amendment supporters are going to be more motivated by the high price of gas and a looming recession than the “modest” and “reasonable” provisions of a Senate agreement aimed, however accurately, at preventing school shootings.

Filed Under: <![CDATA[2022 elections]]>, <![CDATA[boyfriend loophole]]>, <![CDATA[Gun Control]]>, <![CDATA[gun deal]]>, <![CDATA[Mitch McConnell]]>, <![CDATA[red flag law]]>, <![CDATA[Second Amendment]]>, <![CDATA[Senate gun deal]]>, <![CDATA[under-21 background checks]]>, <![CDATA[Video]]>, Bearing Arms, News

Who were the Democrats who voted against the House gun control bills?

June 9, 2022 by Cam Edwards Leave a Comment

It’s a short list, to be sure. On most of the votes cast on the various components of the sweeping gun control bills approved by the House Wednesday evening, just two Democrats voted in opposition, though the proposed ban and “buyback” of large capacity magazines managed to get a whopping four “nays” from House Democrats.

Maine’s Jared Golden and Rep. Kurt Schrader of Oregon were the two Democrats who voted against most of the the components of H.R. 7910, opposing five of the seven anti-gun measures up for debate and rejecting the overall package that will be sent to the Senate.

Golden, in a statement following the votes, criticized House leadership for “hastily” moving on the gun legislation and keeping the measures as a single package rather than standalone bills.

“While a handful of the individual provisions in the two bills before us have the potential to garner bipartisan support, taken as a whole, the bills are too sweeping in their design and fall far short of the support necessary to become law and save lives,” he added.

The congressman said “Now is not a time for bills we all know will fail,” and praised the Senate for engaging in bipartisan negotiations on gun legislation.

In addition to voting on the entire package, House lawmakers also weighed in on each of the seven provisions separately. Only the full package, however, will be sent to the Senate for consideration.

…

All seven provisions passed the House, Golden, who opposed a pair of background check bills last year, voted against five of the measures.

The measures he objected to call for raising the minimum age to purchase a semi-automatic weapon from 18 to 21, bolstering storage of guns in home where minors could access the weapons, and requiring that untraceable guns and firearms without serial numbers — known as ghost guns — undergo background checks and receive serial numbers.

He also voted against measures banning high-capacity magazines for civilians and imposing new federal crime offenses for gun trafficking and straw purchases of firearms — when someone who is not able to pass a background check purchases a weapon through a proxy.

Golden is up for re-election in the Constitutional Carry state of Maine this fall, which might explain his vote on Wednesday, but he’s also rejected other attempts at gun control throughout his time in Congress, earning a “B”-grade (but not an endorsement) from the National Rifle Association in 2020.

Kurt Schrader, meanwhile, won’t be running for re-election this fall after losing a primary fight to a progressive candidate who had the backing of Sen. Elizabeth Warren, among others. That’s also the case for four of the five Republicans who voted in favor of the overall gun control package, with Pennsylvania’s Brian Kilpatrick the only GOP House member up for re-election to join Democrats in voting to impose sweeping new restrictions on legal gun owners.

Three other swing district Democrats ended up voting in favor of the overall package, but voted “nay” on a couple of the proposals during the votes on individual components of the bill.

Reps. Henry Cuellar (D-Texas) and Ron Kind (D-Wisc.) joined Golden and Schrader in opposing the provision to ban civilian use of high-capacity magazines. Kind also objected to the measure bolstering safe storage of guns in homes where a minor can access the firearms.

Rep. Elissa Slotkin (D-Mich.) joined Golden in voting against advancing the two pieces of legislation, even though she is the sponsor of the Safe Guns, Safe Kids Act, one of the measures included in the package that calls for safe storage of firearms in homes. She did, however, ultimately vote for the final passage of the full package and each of the individual provisions

… A spokesman for Slotkin told The Hill that the congresswoman voted against the rule to express frustration with how Democratic leadership handled the gun measures. She specifically took issue with all the measures being included in a single package, rather than the House considering each provision separately.

The congresswoman joined a coalition of Democrats last week in penning a letter to House leadership, asking that the measures in the sweeping package be brought up for individual votes. The group, led by Rep. Abigail Spanberger (D-Va.), argued that holding votes on each measure separately would maximize support in the Senate and increase the chances of the bills clearing the upper chamber.

Slotkin currently represents MI-8, which is a R+4 district according to the Cook Political Report, but is running for re-election in Michigan’s 7th District. That’s currently an even redder district than the one she represents, and the new district boundaries are still expected to give Republicans a numbers advantage this November.

Cuellar, meanwhile, has likely won a bitter primary fight with an AOC-backed candidate (though Jessica Cisneros is calling for a recount), and his hoping to hang on to his seat in a region of Texas that has been rapidly trending to the right. Importantly, though, Cuellar did support the overall gun control package, and has recently spoken in favor of barring adults under the age of 21 from purchasing modern sporting rifles, universal background checks, and “red flag” laws.

Rep. Ron Kind isn’t running for re-election this year, I suspect in large part because WI-3 has been trending more conservative over the past few election cycles, so it’s interesting (though ultimately irrelevant) that he voted no on the storage mandate and the ban on “large capacity” magazines. There are a half-dozen Democrats running to replace him, and we’ll see how many, or if any of them adopt a “moderate” stance on gun control versus the all-out calls to ban the most commonly-sold rifles in the country as they duke it out ahead of the August primary.

The handful of Democrats who objected to some or all of the gun control provisions approved by the House on Wednesday weren’t enough to derail the legislation, especially with five Republicans voting in favor of the overall bill. and the fact that two of the five who objected to any portion of the bill aren’t running for re-election is another clear sign that that the Democratic Party isn’t going to be softening its stance on criminalizing the right to keep and bear arms anytime soon, even as the number of new gun owners across the country continues to grow and become more diverse.

Filed Under: <![CDATA["Ron Kind"]]>, <![CDATA[Anti-Gun]]>, <![CDATA[elissa slotkin]]>, <![CDATA[Gun Control]]>, <![CDATA[Henry Cuellar]]>, <![CDATA[House gun control]]>, <![CDATA[Jared Golden]]>, <![CDATA[Kurt Schrader]]>, <![CDATA[magazine ban]]>, <![CDATA[pro-gun]]>, <![CDATA[red flag law]]>, <![CDATA[under-21 gun ban]]>, <![CDATA[Video]]>, Bearing Arms, News

DeSantis throws cold water on special session on gun control

June 9, 2022 by Cam Edwards Leave a Comment

Democrats in the Florida legislature have an effort underway in Tallahassee to bring lawmakers back to the state capitol for a special session on gun control, and legislators themselves have until Friday afternoon to cast their vote in support or opposition to the idea. Even if the request gets the required votes of 60% of lawmakers, however, no special session can take place without the approval of Gov. Ron DeSantis.

On Wednesday, DeSantis was asked about the Democrats’ wish list, which includes “legislation regulating high capacity rifle magazines, mandating universal background checks and expanding red flag laws,” and while he didn’t come right out and say there’s no chance of a special session happening, his response left little doubt about the possibility of new gun control laws passing in Florida this year.

“With all due respect to these leftists, they just want to come after your Second Amendment rights,” DeSantis said. “Let’s just be honest, that’s what they want to do. They don’t want you — they view you, as a law-abiding citizen, as the target of what they’re trying to do. How can they, on the one hand, say they’re serious about this when they support these people who let all the criminals out of prison and they don’t prosecute people?”

Democrats, including Rep. Joe Geller, who originally called for the special session, laughably claimed in response that none of what they’re calling for would infringe on anyone’s Second Amendment rights.

“These leftists? Nothing in our proposal would take a gun away from anybody who has one,” Geller said. “We’re trying to control who gets one, and we’re trying to make sure that people who have been clearly dangerous have a red flag.”

Orlando Democratic Rep. Anna V. Eskamani, whose district includes Pulse nightclub, where a shooter killed 49 and wounded 53 others in 2016, told Florida Politics the Special Session request is a modest one. DeSantis likes to cause chaos and throw insults instead of solving problems, she continued.

“For the Governor to try to pivot and say this is about leftists taking away firearms, it’s just not true,” Eskamani said. “Nothing in this Special Session order would take away anyone’s firearm.”

It’s true that a ban on so-called assault weapons wasn’t included in the Democrats’ demands, but that’s not because they don’t want it. Geller told a reporter that while he’s all in favor of a ban, he wanted to limit discussion this time to “commonsense” legislation that he thinks could draw bipartisan support. I see that as code for “we don’t want to talk about banning guns months before an election, so we’ll stick with other stuff we think is less controversial.”

But DeSantis also didn’t accuse leftists in Florida of trying to take people’s guns with this special session, despite what Geller and Eskamani claimed. At least in the quote from the Florida Politics reporter, DeSantis talked about leftists coming after “Second Amendment rights,” and that’s clearly the case when Democrats are pushing to criminalize commonly-owned ammunition magazines, private person-to-person sales, and expand a red flag law that currently requires law enforcement to file petitions to include a much broader universe of individuals who can file potentially false claims against a petitioner.

DeSantis rightfully pointed out that law-abiding citizens are the focus of Democrats’ gun control efforts, all while they’re ignoring the current laws on the books and turning a blind eye to the sweetheart plea deals and slaps on the wrist that Biden’s DOJ is engaged in when prosecuting straw purchasers and gun traffickers. Why are the Florida Democrats calling for a special session solely focused on legal gun owners or firearms themselves instead of looking at ways to expand access to mental health or to overhaul our court system to ensure that violent criminals not only get their day in court, but spend time behind bars for their crimes?

I think we know the answer to that question. They’re hoping to use gun control as a wedge issue between now and November, and they’re calling for a special session on gun control so they can portray Republicans from DeSantis on down as cold and uncaring tools of the gun lobby when that session never materializes. DeSantis was right to throw cold water on the idea, and if Florida Democrats want to continue to try to use gun control as an election year cudgel, they’d better be ready for the governor to swing back just as hard at their attempts to blame law-abiding citizens for the actions of madmen and murderers.

Filed Under: <![CDATA[2022 election]]>, <![CDATA[Florida]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[magazine ban]]>, <![CDATA[red flag law]]>, <![CDATA[ron DeSantis]]>, <![CDATA[Special Session]]>, <![CDATA[universal background checks]]>, <![CDATA[Video]]>, Bearing Arms, News

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