| People shopping at the Miami Guns Store and Range, in Hialeah, Florida |
A bipartisan package of modest gun safety measures passed the U.S. Senate late on Thursday even as the Supreme Court broadly expanded gun rights by ruling Americans have a constitutional right to carry handguns in public for self-defense.
The landmark court ruling and Senate action on gun safety illustrate the deep divide over firearms in the United States, weeks after mass shootings in Uvalde, Texas, and Buffalo, New York, killed more than 30 people, including 19 children.
The Senate bill, approved in a 65-33 vote, is the first significant gun control legislation to pass in three decades, in a country with the highest gun ownership per capita in the world and the highest number of mass shootings annually among wealthy nations.
“This bipartisan legislation will help protect Americans. Kids in schools and communities will be safer because of it,” President Joe Biden said following the vote. “The House of Representatives should promptly vote on this bipartisan bill and send it to my desk.”
The bill, which supporters say will save lives, is modest – its most important restraint on gun ownership would tighten background checks for would-be gun purchasers convicted of domestic violence or significant crimes as juveniles.
Republicans refused to compromise on more sweeping gun control measures favored by Democrats including Biden, such as a ban on assault-style rifles or high-capacity magazines.
“This is not a cure-all for the ways gun violence affects our nation, but it is a long overdue step in the right direction,” Democratic Senate Majority Leader Chuck Schumer said on the floor ahead of the vote.
The Supreme Court ruling earlier on Thursday, pushed through by its conservative majority, struck down New York state’s limits on carrying concealed handguns outside the home.
The court found that the law, enacted in 1913, violated a person’s right to “keep and bear arms” under the U.S. Constitution’s Second Amendment.
In the Senate vote late on Thursday, 15 Republicans joined all 50 Democrats in voting for the bill.
Democratic House Speaker Nancy Pelosi applauded the bill’s passage and said in a statement it would advance in the House on Friday, with a vote coming as soon as possible.
House Republicans had instructed their members to vote against the bill, although since the chamber is controlled by Democrats their support was not needed for the bill’s passage.
Biden will sign the bill into law.
The Senate action came weeks after an impassioned speech by Biden, in which he declared “enough” of gun violence and urged lawmakers to act.
Polls show that a majority of Americans support some new limits on firearms, demands that typically rise following mass shootings like those that occurred in Texas and New York.
Democrats warned that the Supreme Court ruling on Thursday could have dire consequences for gun safety nationwide.
“The Supreme Court got the ruling wrong,” Senator Chris Murphy, the lead Democratic negotiator on the gun safety legislation, said in an interview.
“I’m deeply worried about the court’s willingness to take away from elected bodies the ability to protect our constituents and that has real grave implications for the safety of our country,” said Murphy, whose home state of Connecticut, where 26 people were killed in a 2012 shooting at an elementary school.
Conservatives defend a broad reading of the Second Amendment, which they say limits most new restrictions on gun purchases.
The Senate’s 80-page Bipartisan Safer Communities Act would encourage states to keep guns out of the hands of those deemed to be dangerous and tighten background checks for would-be gun buyers convicted of domestic violence or significant crimes as juveniles.
More than 20,800 people have been killed in gun violence in the United States in 2022, including through homicide and suicide, according to the Gun Violence Archive, a non-profit research group.
‘MONUMENTAL WIN’
The Supreme Court ruling, authored by conservative Justice Clarence Thomas, declared that the Constitution protects “an individual’s right to carry a handgun for self-defense outside the home.”
“This is a monumental win for NRA members and for gun owners across the country,” said Jason Ouimet, executive director of the National Rifle Association Institute for Legislative Action, in a statement.
“This ruling opens the door to rightly change the law in the seven remaining states that still don’t recognize the right to carry a firearm for personal protection.”
In the Senate, Republican backers of the new gun safety bill said that the measure does not erode the rights of law-abiding gun owners, who are among their most ardent constituents.
“It does not so much as touch the rights of the overwhelming majority of American gun owners, who are law-abiding citizens of sound mind,” Senate Republican leader Mitch McConnell said, who backs the legislation.
The bill provides funding to help states adopt “red flag” laws to keep firearms out of the hands of those deemed a danger to themselves or others. It would also fund alternative intervention measures in state where red flag laws are opposed and provide for enhanced school security.
It closes the “boyfriend loophole” by denying gun purchases to those convicted of abusing intimate partners in dating relationships, although if they have no further convictions or penalties they will be allowed to purchase again.
It also allows states to add juvenile criminal and mental health records to national background check databases.
Senator John Cornyn, the lead Republican negotiator on the bill, was booed last week as he discussed its contents during a speech before a Republican Party convention in his home state of Texas.
FACTBOX-What’s in, and what’s out, of the U.S. Senate’s gun safety bill
IN: STATE CRISIS INTERVENTION SUPPORT
The bill would provide $750 million to states and Native American tribes to create and administer “red flag” measures intended to ensure weapons are kept out of the hands of people whom a court has determined to be a significant danger to themselves or others. These measures would be consistent with state and federal due process and constitutional protections.
OUT: ASSAULT-WEAPONS BAN
During an impassioned June 2 speech, Democratic President Joe Biden urged Congress to re-impose the federal ban on assault weapons that expired in 2004, which prohibited the manufacture, transfer and possession of semi-automatic assault-style weapons and the transfer and possession of large-capacity ammunition feeding devices. That measure faced staunch opposition from Republicans in Congress.
IN: ENHANCED REVIEW PROCESS FOR BUYERS UNDER 21
The legislation will require an investigative period to review the juvenile criminal and mental health records for gun buyers under 21 years of age, giving three days for an initial check and an additional seven days to look into potential disqualifying records. This would include checks with state databases and local law enforcement.
OUT: HIGHER AGE REQUIREMENT TO BUY SEMIAUTOMATIC RIFLES
The bill will not create a provision to raise the age for buying a semiautomatic rifle to 21 nationwide. Currently the minimum age to buy is 18. Federal law already prohibits anyone younger than 21 legally buying a handgun.
IN: PENALTIES FOR “STRAW PURCHASES”
The bill cracks down on criminals who illegally straw purchase and traffic guns. A straw purchase occurs when a person buys a weapon for someone who is not legally allowed to buy one. This would become a federal offense under the new law.
OUT: FEDERAL BACKGROUND CHECK EXPANSION
The bill does not include proposals to expand federal background checks to buy a weapon from three to 10 days. It also does not close a loophole in federal law that allows many sales over the internet and at gun shows to go unchecked.
IN: MENTAL HEALTH SERVICES, TELEHEALTH INVESTMENTS
The bill would expand community behavioral health center models and makes investments to increase mental health and suicide prevention program access. It also would help fund crisis and trauma intervention and recovery services and makes investments in programs that increase access to mental and behavioral health services for youth and families in crisis via telehealth.
OUT: REPEAL OF LIABILITY SHIELD
The bill does not amend or repeal a federal liability shield that protects gun manufacturers from being sued for violence carried out by people carrying, and shooting, their guns.
IN: CLARIFICATION ON DEFINITION OF LICENSED DEALER
The legislation clarifies the definition of a federally licensed firearms dealer and cracks down on criminals who illegally evade licensing requirements.
IN: PROTECTIONS FOR DOMESTIC VIOLENCE VICTIMS
Those who are convicted of domestic violence crimes and face domestic violence restraining orders would be subject to criminal background checks for gun purchases under the new law. The “boyfriend loophole,” a sticking point in negotiations, would be closed by adding people convicted of domestic abuse in dating relationships to the National Instant Criminal Background Check System for five years, at which point they would be removed pending no further prohibited crimes or similar offenses.
IN: SCHOOL-BASED MENTAL HEALTH AND SUPPORT SERVICES FUNDING
The legislation allocates funding to expand mental health and supportive services in schools, including early identification and intervention programs.
IN: SCHOOL SAFETY RESOURCE FUNDING
Federal funds would go to programs that help primary and secondary schools create safety measures, support school violence prevention efforts and provide training to school personnel and students.
REUTERS