[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[Senate]
[Page S11363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S11363]]
GUN POSSESSION
Mr. LAUTENBERG. Mr. President, I want to talk about a piece of
legislation that I have proposed that was approved here in this body by
a vote of 97 to 2. They approved an amendment that I sponsored to ban
wife beaters and child abusers from owning guns, from possessing guns.
Yet, over the past couple of days, behind closed doors, there has been
a determined effort to gut my proposal and to expose the battered woman
and the abused child to an enraged man with a gun in his hand.
As I explained yesterday, there has been an attempt to undermine the
proposal in four primary ways:
First, some sought to exclude child abusers from the ban by limiting
its application only to ``intimate partners.''
Second, they sought to effectively give a waiver to every wife beater
and child abuser who was convicted before this legislation goes into
effect.
Third, they sought to render the ban entirely ineffective in the
future by excusing anyone who did not get notice of the firearm ban
when they were originally charged. So that includes all of those who
committed domestic abuse, beat up their wives, beat up their kids who
weren't told in advance there may be a serious penalty to take away
their guns. What a pity. Instead, what they want to do, realistically,
is make it prospective only. For those who didn't get notice, they can
perhaps dodge out of a charge by saying, well, I did not get effective
notice. It is a pity. Under my proposal--the language was in there very
specifically, and we are going to insist it be retained.
Fourth, the watered-down language would excuse from the firearm ban
anyone who was convicted in a trial heard by a judge only, as opposed
to a jury. Now, this also, by itself, would render the gun ban largely
meaningless, since most domestic violence cases are heard by judges and
not juries.
Mr. President, faced with public criticism, opponents of a real ban
have apparently retreated on one of these gutting provisions. They have
agreed to language that ostensibly would put child abusers back within
the ban.
Mr. President, it is critical to understand that this latest change
is merely a figleaf. It is designed to obscure the fact that the
watered-down proposal would leave virtually all wife beaters and child
abusers with the ability to legally possess guns. It is purely a
legislative sham, and no one should be fooled into believing otherwise.
Let me tell those who are within earshot what this sham is all about.
First, under their proposed modifications of my legislation, no wife
beater or child abuser would be prohibited from having firearms unless
they had been told about the ban when they were originally charged.
What a device for a clever defense--well, he didn't hear it, he didn't
understand it, or his language wasn't up to snuff. My goodness.
The first effect of this language, Mr. President, is to completely
excuse every wife beater and child abuser who has been convicted until
this time. They would all be off the hook completely. We didn't know,
we weren't aware, we weren't told; so, therefore, forget it. OK, be
careful next time you hit your wife. Next time, don't have a gun
present. They would all be off the hook completely. All of their
battered wives and abused children would remain at risk of gun
violence.
Mr. President, it would be bad enough if this extreme proposal only
grandfathered in all currently convicted wife beaters and child
abusers. But this notification language goes much further. It would
also, in effect, leave most future wife beaters and child abusers free
to have guns.
There is nothing in the watered-down language that requires anyone to
tell the accused wife beaters and child abuser that they could lose
their guns. As a matter of fact, with a wink of the eye, they can say,
``He isn't a bad guy.'' As a practical matter, most abusers are
unlikely to get such advance notice. Under this latest proposal, they
would, thus, remain entirely free to keep their guns.
Nor is there any reason to limit the ban to those who get advance
notice, Mr. President. After all, we do not make a requirement for
anyone else accused of a crime to have previous knowledge of the
prospective penalty. Felons are prohibited from having guns, regardless
of whether they have been officially given notice or not. For them,
ignorance of the law is no excuse. But under this latest proposal, it
would be an excuse for a wife beater.
Mr. President, in essence, what has happened here is we proposed that
no wife beater, no child abuser, whether retrospectively,
retroactively, or in the future, ought to be able to have a gun,
because we learned one thing--that the difference between a murdered
wife and a battered wife is often the presence of a gun. In the couple
of million cases every year that are reported about domestic abuse, in
150,000 cases that we are aware of, a gun was present, a gun was held
to the temple of a battered wife or perhaps a child. And if that isn't
trauma enough, the prospect of the pulled trigger could finally
complete the task.
So, Mr. President, when we proposed this, and it was voted 97 to 2
favorably on this floor, and a couple of months before, in July, it had
gone through here 100 to 0. It was unanimous, and it was a voice vote.
I hope those who would defeat this legislation are willing to face
the American public and tell the truth of what they are about. They are
supporting the NRA, and not the families of America.
I thank the Chair.
____________________