Late Monday evening the Senate released the text of the highly-anticipated “Bipartisan Safer Communities Act.” Sens. John Cornyn (R-TX), Thom Tills (R-NC), Chris Murphy (D-CT), and Krysten Sinema (D-AZ) spearheaded the negotiations resulting in the 80-page bill.
What is in the Bipartisan Safer Communities Act?
Red Flag Laws
Gun rights activists worried about the proposed Red Flag laws that were likely to come out of the deal. The text of the bill promises to protect an American’s right to due process. However, the bill fails to outline specifically what’s required to protect a person’s Fifth and Fourteenth Amendment rights.
The bill explicitly states an American has a right to an attorney during the proceedings. The problem? You would have to pay for your own attorney and no public defender is available.
Enhanced Background Checks
The bill also includes enhanced background checks for those under the age of 21.
I need to pull up other bills that they're striking and adding language. It appears as though there will be waiting periods for those under 21. 3 business days while their records are searched and can be extended to 10 business days. pic.twitter.com/lJbDVPK9kh
— Beth Baumann (@eb454) June 22, 2022
Background checks would change for those under 21. Part of their background check will include contacting their state for juvenile records, state custodian of mental records to see if they've been mentally adjudicated & their local law enforcement agency for disqualifying records pic.twitter.com/sDoIoooCEp
— Beth Baumann (@eb454) June 22, 2022
Agencies have to let the FFL know by business day 3 if they need the full 10 business days to investigate the purchaser.
— Beth Baumann (@eb454) June 22, 2022
Closing the So-Called “Boyfriend Loophole”
Although the Bipartisan Safer Communities Act redefines who is a domestic partner, the bill fails to provide specific guidelines.
The sentencing commission may take people's backgrounds into consideration when deciding their penalties for straw purchases. pic.twitter.com/w9yeSOOFvx
— Beth Baumann (@eb454) June 22, 2022
Redefining a Federal Firearms Licensee
What’s alarming is the Senate’s bill also redefines who is considered a Federal Firearms Licensee (FFL). If you’re looking to liquidate your gun collection or want to sell firearms that you inherited, you’re deemed an FFL and are subjected to the same laws a gun dealer is.
Agencies have to let the FFL know by business day 3 if they need the full 10 business days to investigate the purchaser.
— Beth Baumann (@eb454) June 22, 2022
Changing Penalties for Straw Purchases
The Bipartisan Safer Communities Act increases the penalties for those convicted of purchasing a firearm on behalf of a prohibited possessor.
Straw purchases. Currently, if you purchase a gun for a prohibited possessor, you can face a $250K fine, 5 years in prison, or both.
The change would be up to 15 years in prison. If the firearm is used for a “crime of terrorism,” the person can face up to 25 years in prison.
— Beth Baumann (@eb454) June 22, 2022
The person’s sentence can be lenient depending on their background and history.
The sentencing commission may take people's backgrounds into consideration when deciding their penalties for straw purchases. pic.twitter.com/w9yeSOOFvx
— Beth Baumann (@eb454) June 22, 2022
Pro-Gun Organization’s Thoughts on the Bipartisan Safer Communities Act
In a statement, the National Rifle Association slammed the Bipartisan Safer Communities Act for failing to address violent crime:
The NRA will support legislation that improves school security, promotes mental health services, and helps reduce violent crime. However, we will oppose this gun control legislation, because it falls short at every level. It does little to truly address violent crime while opening the door to unnecessary burdens on the exercise of Second Amendment freedom by law-abiding gun owners.
This legislation can be abused to restrict lawful gun purchases, infringe upon the rights of law-abiding Americans, and use federal dollars to fund gun control measures being adopted by state and local politicians. This bill leaves too much discretion in the hands of government officials and also contains undefined and overbroad provisions – inviting interference with our constitutional freedoms.
Decisions by the Supreme Court of the United States in the Heller and McDonald cases make clear that the Second Amendment is an individual constitutional freedom. We will always fight for those freedoms – and the fundamental values we have defended for over 150 years.
Gun Owners of America’s Executive Vice President, Erich Pratt, chided Republican senators for bending a knee to the gun control-seeking Democrats:
Once again, so-called ‘conservative’ Senators are making clear they believe that the rights of American citizens can be compromised away. Let me be clear, they have NO AUTHORITY to compromise with our rights, and we will not tolerate legislators who are willing to turn gun owners into second-class citizens. GOA fully opposes this unconstitutional legislation and will continue to encourage our millions of members to make their voices heard to their elected officials on this bill.
Firearms Policy Coalition renamed the bill:
In a historic act of unity, @GOP @SenateGOP Republicans are joining with @DNC @SenateDems Democrats in the historic Bipartisan Fucking Your Rights Over Act.
But hey, don’t worry—you will get fucked and like it because it’s “bipartisan.”
— Firearms Policy Coalition (@gunpolicy) June 22, 2022
Senate Agrees to Move Forward on Discussion
Late Tuesday night, the Senate voted 64 to 34 to discuss the bill. The “yes” votes included 14 Republicans:
- Shelley Moore Capito (WV)
- Joni Ernst (IA)
- Lisa Murkowski (AK)
- Todd Young (IN)
- Thom Tillis (NC)
- Richard Burr (NC)
- Susan Collins (ME)
- Mitt Romney (UT)
- Bill Cassidy (LA)
- Rob Portman (OH)
- Lindsey Graham (SC)
- Roy Blunt (MO)
All of the GOP’s “aye” votes came from senators retiring at the end of the term or not up for re-election this cycle.
Sen. Dianne Feinstein Introduces Amendment to Raise the Age for ‘Assault Weapons’
On Wednesday, Sen. Dianne Feinstein (D-CA) introduced an amendment to the Bipartisan Safer Communities Act. Feinstein’s amendment bars those under the age of 21 from purchasing “assault weapons.”
“The Senate gun safety bill is a step in the right direction, but it doesn’t address the major problem of teenagers owning weapons of war,” Feinstein said in a statement. “It makes no sense that it’s illegal for someone under 21 to buy a handgun or even a beer, yet can legally buy an assault weapon. My amendment is a commonsense fix with broad public support that should receive bipartisan backing and I hope that it’s allowed a vote.”
According to the senator’s office, her amendment has support from the U.S. Conference of Mayors, the National Association of School Psychologists, the American School Counselor Association, and the American Federation of Teachers.
Feinstein’s amendment means the bill is likely dead on arrival.
Sen. Rand Paul Plans to Introduce Amendments to Counter the ‘Constitutional Deficiences’ In the Bill
On Wednesday, Sen. Rand Paul explained his concerns over the Bipartisan Safer Communities Act. The senator zeroed in on the Red Flag portion of the bill.
I am concerned about constitutional deficiencies in many red flag laws.
— Rand Paul (@RandPaul) June 22, 2022
In a thread, Paul explained why he will not vote for the bill:
I cannot support any legislation that funds or encourages laws that allow ex parte gun confiscation without legal representation, or even sometimes without prior notification to the defendant of any accusation at all. https://t.co/UbIlIWz1yU
— Rand Paul (@RandPaul) June 22, 2022
I cannot support legislation that funds or encourages laws that allow gun confiscation with a standard lower than the constitutional criminal standard of “beyond a reasonable doubt.” https://t.co/Cm7ealBbxi
— Rand Paul (@RandPaul) June 22, 2022
I cannot support legislation that funds or encourages gun confiscation predicated on anonymous accusations. https://t.co/3KH4vzPQTO
— Rand Paul (@RandPaul) June 22, 2022
I also think it unwise to prohibit the appropriated funds from being used for firearms or firearms training for any school personnel.
— Rand Paul (@RandPaul) June 22, 2022
In fact, we should be doing the opposite, encouraging schools to train and arm proper personnel as desired and needed in their schools. https://t.co/beWQATe1mN
— Rand Paul (@RandPaul) June 22, 2022
Unfortunately, this legislation was assembled as many are – in secret, absent well placed leaks to journalists. There doesn’t’ appear to be a willingness or time provided to read, understand, debate or amend this bill.
— Rand Paul (@RandPaul) June 22, 2022
I will try anyway. To this end, I will introduce amendments to correct the constitutional deficiencies of this bill and hope my colleagues and the Senate leadership will do the same.
— Rand Paul (@RandPaul) June 22, 2022