[Congressional Record Volume 159, Number 48 (Thursday, April 11, 2013)]
[Senate]
[Page S2572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               GUN SAFETY

  Mr. McCONNELL. Mr. President, today the Senate will vote on whether 
to invoke cloture on proceeding to S. 649. I will vote against invoking 
cloture and I wish to explain why.
  I believe the government should focus on keeping firearms out of the 
hands of criminals and those with mental issues that could cause them 
to be a threat to our society. The government should not punish or 
harass law-abiding citizens in the exercise of their second amendment 
rights. Unfortunately, S. 649 has the focus entirely backwards.
  For example, the background check portion of S. 649 is Senator 
Schumer's bill that the Judiciary Committee reported out on a party-
line basis. The aim of that bill, from its plain terms, could not be 
more clear. Section 121, the purpose section, provides that the aim of 
the bill is to require Americans to undergo background checks for ``all 
sales and transfers of firearms.'' If they don't, it is a Federal 
crime. Again, the requirement applies to all sales, and even transfers, 
of all firearms. And with very few exceptions, that is exactly what S. 
649 does. The next section of the bill makes plain why that overly 
broad language is so problematic.
  That section, section 122, provides that it is ``unlawful'' for any 
private party to ``transfer a firearm to any other person'' without 
first turning over that firearm to a commercial firearms dealer and 
having that dealer perform a background check. There are a few limited 
exceptions such as for gifts between immediate family members and 
inheriting a firearm. But that is it. In fact, the bill makes clear 
that transfer means not just sale but a ``gift, loan'' or any ``other 
disposition'' of that firearm.
  So under the Schumer legislation, the following offenses would now be 
Federal crimes absent surrendering the firearms and conducting a 
background check. Federal offenses: An uncle giving his nephew a 
hunting rifle for Christmas; a niece giving her aunt a handgun for 
protection; a cousin loaning another cousin his hunting rifle if the 
loan occurs just 1 day before the beginning of hunting season; or one 
neighbor loaning another a firearm so his wife can protect herself 
while her husband is away.
  The people I am describing are not criminals--they are neighbors, 
friends, and family--and the scenarios I am describing are not 
fanciful. They happen countless times in our country. But the Schumer 
bill would outlaw these transfers and it would make people such as 
these criminals.
  But there are other problems with the legislation from the Senator 
from New York. Under his legislation, it is a crime for someone who 
lawfully possesses a firearm not to report a lost or stolen firearm to 
both the ``appropriate local authorities,'' whoever they are, and the 
Attorney General within 24 hours. People should report firearms that 
are lost or stolen, but are we really going to make their failure to do 
so within 24 hours a Federal crime that is punishable by up to 5 years 
in prison? What if the person thinks the firearm is misplaced, not lost 
or stolen, but the person is actually wrong about that? And what if the 
person comes to the realization after 2 days instead of 1, and if they 
report the lost or stolen firearm to their sheriff--assuming he is one 
of the undefined ``appropriate local authorities''--why is it a crime 
if they don't report it to the Attorney General?
  Why would the provision target only those who ``lawfully possess'' 
firearms, rather than criminals who do not lawfully possess them?
  I could go on and on and list other problems with S. 649, but I think 
I have made my point. This bill is a clear overreach that will 
predominantly punish and harass our neighbors, our friends, and our 
families. To protect the rights of the law-abiding citizens of the 
Commonwealth of Kentucky and other States, I will oppose invoking 
cloture on S. 649.
  I yield the floor.

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