[Congressional Record Volume 159, Number 51 (Tuesday, April 16, 2013)]
[Senate]
[Pages S2676-S2679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAFE COMMUNITIES, SAFE SCHOOLS ACT OF 2013--Continued
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. FRANKEN. Mr. President, I want to start off by saying I am deeply
saddened by the tragedy in Boston. Franni's and my thoughts and prayers
are with everyone who has been affected.
Franni and I went to school in Boston. In fact, we met more than 43
years ago at a freshman mixer in Copley Square, so we know Boston. We
have witnessed firsthand the kind of compassion and resilience we have
seen from Bostonians, and I have faith we will find whoever did this
and bring that person or those persons to justice.
Mr. President, I came to the floor today to speak in support of the
gun violence legislation we are considering. Since the tragedy in
Newtown, we have been asking ourselves what we should do to address
this problem of gun violence in our country.
My primary focus in the wake of Newtown has been on mental health.
Improving the access to mental health care has been one of my top
priorities since I came to the Senate, and I am glad people are
beginning to focus more on the issue. If we are going to make mental
health a part of this, let's make it more than just a talking point.
Let's make it a true national priority. Let's really do something to
improve access to treatment for folks who need it.
Since the first day I got here, I have been pushing the
administration to issue the final regulations for the Wellstone-
Domenici Mental Health Parity and Addiction Equity Act, which requires
insurance plans to cover mental health and addiction services and to do
so to the same extent they cover medical and surgical services. Five
years after that bill was signed into law, at long last the
administration has promised to implement it, and to do so by the end of
the year. I expect the administration to follow through on that
commitment.
I have also introduced the Justice and Mental Health Collaboration
Act to help law enforcement officers respond to mental health crises in
their communities and improve access to mental health treatment for
people who end up in the criminal justice system. This is a bipartisan,
bicameral bill that I have been working on since last year, well before
the tragedy in Newtown.
In January I introduced the Mental Health in Schools Act which will
improve children's access to mental health services. Catching these
issues at an early age is very important. I met with some mothers from
the Mounds View School District in Minnesota about this matter. Their
children's lives, their own lives, and their families' lives were
changed for the better because the kids got access to the mental health
care they needed at an early age.
My bill has 17 cosponsors and key provisions have been included in a
package which was recently reported out of the HELP Committee. I look
forward to considering that legislation on the Senate floor soon. I
urge my colleagues to support this legislation.
These are important measures, but let me be absolutely clear: The
last thing we need to do is stigmatize mental illness. I said this many
times before, and I will say it again because it bears repeating, and
it is very important to me: The vast majority of people with mental
illness are no more violent than the general population. In fact, they
are more frequently the victims of violence than others are.
There is a very small subset of those with serious mental illnesses
who may become more violent if they are not diagnosed and treated, and
that is the one place where this issue of mental health intersects with
the issue of violence. Improving access to mental health care is all
about improving people's lives. It is about helping people with mental
illness and their families by making them happier and more productive
people. However, today we are talking about gun violence prevention
legislation.
People have strongly held views on both sides--or all sides--of this
issue. Not only is that true in Minnesota, it is true throughout the
country. Minnesota has a proud tradition, like Indiana, of responsible
gun ownership.
We are home to many sportsmen and sportswomen. Generations of
Minnesotans have learned to hunt pheasants, deer, and ducks from their
parents, their grandparents, their aunts and uncles, friends and
neighbors. We cherish our traditions and our Second Amendment right to
bear arms for collection, protection, and sport.
Minnesota has both urban and rural areas. It is home to moms, dads,
teachers, law enforcement officers, and health care providers too. We
have members of the National Rifle Association and members of the Brady
Campaign Against Gun Violence.
After the shooting at Sandy Hook, I reached out to my constituents. I
got on the phone, I traveled across the State, I convened roundtables,
I talked to hunters, school officials, law enforcement officers, and
mental health experts. I wanted to hear Minnesotans' ideas, their
hopes, their concerns, and their thoughts because it was and is
important to me to approach this in a deliberative way.
Here is what I took away from these conversations: Minnesotans want
us to take action to reduce gun violence and make our communities
safer, but they want us to do it in a way that honors the Second
Amendment and respects Minnesota's culture of responsible gun
ownership. There is a balance to be struck there.
The overwhelming majority of gun owners are law-abiding citizens who
responsibly use their guns for recreation and self-protection. Their
concern should not be dismissed or trivialized. Their rights should not
be undermined because of the horrible acts of just a few. So I suggest
that our goal should be to take whatever steps we can to reduce
gun violence and improve public safety without unduly burdening law-
abiding, responsible gun owners. I believe that is what the Safe
Communities, Safe Schools Act, the Manchin-
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Toomey amendment, and the assault weapons ban do.
First, we need to improve the Nation's background check system, and
we need to strengthen our laws to combat straw purchases and gun
trafficking. This was one of the key recommendations I have taken away
from my meeting with law enforcement leaders in Minnesota. I think
background checks are the single most important thing we can do to save
lives.
Today background checks are required only when a gun is sold by a
federally licensed dealer. Background checks are used to determine
whether a perspective buyer has a felony conviction, is a fugitive from
the law, has a restraining order against him, or has a serious mental
illness. The problem is that people who cannot pass a background check
simply go to a gun show or go on the Internet or to the classified ads
to get a gun instead, and that is exactly what they do.
By some estimates about 40 percent of all gun transactions are
processed without a background check. This is like having two lines at
the airport: one where people go through the security screening and one
where they don't, and those passengers are the ones who choose which
line they stand in. Would anyone feel comfortable on a plane if they
knew that 40 percent of the passengers didn't go through the security
check and they were the ones who chose not to go through the security
check?
The Manchin-Toomey amendment will expand background checks to gun
shows and other congressional transactions. These checks are not an
undue burden. They can typically be conducted in a matter of minutes
through NICS, the National Instant Criminal Background Check System.
The amendment excludes certain exchanges, such as when a Minnesotan
hands his gun down to his son or to her daughter.
The Manchin-Toomey amendment fixes another problem. We all know
background checks are only as good as the database they use. The
problem is that a lot of States are not submitting court documents and
other records to NICS. The amendment will provide new incentives and
penalties to make sure the States do a better job.
This law will work. Since we started administering instant background
checks more than 1.7 million felons, fugitives, domestic abusers, and
people with serious mental illnesses have been denied access to
firearms--and that is under the system that exists today with all of
its loopholes and flaws.
We have seen that women are less likely to be killed by an intimate
partner in States that have expanded their own background check
systems. And, look, about 90 percent of Americans want us to pass this
measure--90 percent. This is not a Republican idea, it is not a
Democratic idea, it is just a good idea.
I think it would be a remarkable failure of our democracy if we
cannot get this done. If we cannot get this done, I am afraid it is
because we have relied on fears and falsehoods instead of on facts.
For instance, some have argued that an expanded background check
system will result in a Federal gun registry, but Federal gun
registries are banned under existing law and the legislation we are
considering would not repeal or weaken that. In fact, the Manchin-
Toomey amendment would strengthen the current prohibition on Federal
gun registries.
The other argument we have heard is that we should not bother
improving the background check system until we do a better job
prosecuting those who cheat the background check system under current
law. There is really no reason we cannot do both, enforce and improve
the law. In fact, that is exactly what the legislation does.
This legislation expands the background check system and strengthens
the penalties for straw purchasers and gun traffickers. So I strongly
support these proposed improvements to the background check system and
to our gun trafficking laws.
The Judiciary Committee also reported Senator Feinstein's assault
weapons ban to the Senate floor. The bill would ban the future
manufacture of large-capacity magazines and certain weapons with
military-style characteristics. This bill will not require anyone to
forfeit a gun he or she already has.
We saw the damage assault weapons or large-capacity magazines can do
at Newtown, Tucson, Aurora, and elsewhere. Here is what Milwaukee
Police Chief Edward Flynn said about assault weapons at a recent
Judiciary Committee hearing:
Assault weapons are built to inflict violence against
humans. Their military characteristics are not merely
cosmetic in nature. These weapons are designed for combat.
They are designed to quickly, easily, and efficiently cause
lethal wounds to humans.
We are not talking about just mass shootings. For instance, studies
suggest that large-capacity magazines may be used in up to a quarter of
all gun crimes and 41 percent of police murders.
I believe the assault weapons ban will make our communities safer
without unduly interfering with the rights of responsible gun owners. I
think the bill strikes an appropriate balance. Others disagree, and I
respect their views, but there are a few arguments that have been
advanced against the assault weapons ban that I wish to address.
The first argument we have heard against Senator Feinstein's bill is
that Justice Department studies have proved the assault weapons ban was
ineffective. During our first hearing, a witness said: ``Independent
studies, including a study from the Clinton Justice Department, proved
that ban had no impact on lowering crime.'' And others, including my
colleagues, repeated this claim.
Well, I went back and looked at the studies. What they actually say--
and they say it over and over--is that it was premature to draw
definitive conclusions about the ban's effectiveness. Here is what they
said:
It is premature to make definitive assessments on the ban's
impact on gun violence.
The effects of the [assault weapon and large-capacity
magazine] ban have yet to be fully realized; therefore, we
recommend continued study.
The ban's reauthorization or expiration could affect
gunshot victimizations, but predictions are tenuous.
I could go on and on. The reports repeat this point time and time
again. If anything, the Justice Department report suggests a ban would
be effective. For example, they said: ``It could conceivably prevent
hundreds of gunshot victimizations annually and produce notable cost
savings in medical care.''
It is simply not possible to read those studies and honestly say they
prove an assault weapons ban is ineffective.
Another argument we have heard against Senator Feinstein's bill is it
will undermine one's ability to defend oneself. But here is the thing:
The record contains no evidence of a real case in which someone
actually needed a large-capacity magazine or assault weapon for self-
defense.
During our first hearing, a witness submitted many examples where
guns were used in self-defense, but I have not seen any evidence that
any one of those cases actually involved a weapon that would be banned
under Senator Feinstein's bill. At our last markup, one of my
colleagues submitted some additional cases for the record, but, again,
after reviewing that list, I am not persuaded an assault weapon or
large-capacity magazine was needed for self-defense in any of those
instances.
Rather than presenting real cases in which someone actually needed an
assault weapon or a large-capacity magazine to defend oneself,
opponents of Senator Feinstein's bill instead asked us repeatedly to
imagine hypothetical situations where these weapons were needed for
self-defense.
Sure, I can imagine hypothetical cases, but I am not sure what value
that holds, because I can also imagine someone using a large-capacity
magazine or an assault weapon to massacre people at an elementary
school or a movie theater or a supermarket parking lot. I can imagine
these things because they really happened. That is the reality. And it
is reality we should be talking about.
I asked Philadelphia Mayor Michael Nutter, the president of the U.S.
Conference of Mayors, about this and he said: ``This idea that these
weapons are for self-defense is, based on our experience, completely
absurd.''
The final argument I wish to address is one of the most important.
Some have argued a ban on assault weapons and large-capacity magazines
is unconstitutional. The problem with the argument is it typically
rests on the premise that the Second Amendment is absolute or
unlimited.
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For example, during our committee markup, one of my colleagues asked
Senator Feinstein whether she would ``consider it constitutional for
Congress to specify that the First Amendment shall apply only to the
following books and shall not apply to the books that Congress has
deemed outside the protection of the Bill of Rights?''
The point my colleague was trying to make, I think, is that banning
certain guns is like banning certain speech, and that this ban would
violate the Constitution. This line of argument assumes the Second
Amendment is absolute and unlimited--that any new gun law necessarily
is unconstitutional.
But one doesn't have to be a constitutional scholar to know that
rights are not unlimited. In fact, my colleague's question actually
makes that very point. There are books that are not protected by the
First Amendment. The Bill of Rights does not protect libel. The Bill of
Rights does not protect child pornography. One cannot yell ``fire'' in
a crowded movie theater where there is no fire.
And, likewise, the Second Amendment does not protect the rights of
everyone to carry whatever weapon he likes in anyplace he wishes for
whatever purpose he desires. The Second Amendment does not entitle
felons or fugitives or domestic abusers or people with serious mental
illnesses to carry guns. It does not entitle Americans to own a fully
automatic machine gun or a bazooka or to bear nuclear arms.
Here is what Justice Antonin Scalia said in the Heller decision:
Like most rights, the right secured by the Second Amendment
is not unlimited. . . . The right is not a right to keep and
carry any weapon whatsoever in any manner whatsoever and for
whatever purpose.
Senator Durbin chaired a hearing on this issue in February. I was
persuaded by Professor Lawrence Tribe's testimony. He examined the
legislation and said: ``I'm convinced that nothing under discussion in
the Senate Judiciary Committee represents a threat to the Constitution
or even comes close to violating the second amendment.'' Remember,
Professor Tribe has supported gun rights. He argued for an individual's
right to bear arms many years before the Heller decision.
I was also persuaded by the DC Circuit Court of Appeals' analysis in
Heller II. There, the Court examined the District of Columbia's assault
weapons ban by asking a series of questions. First, to what extent does
this law burden an individual's right to bear arms for lawful purposes?
Second, how does that burden compare with the public's interest in
implementing the ban? Finally, is the ban sufficiently well tailored to
that public interest?
This is the sort of inquiry that is typical in constitutional cases,
and I think it is appropriate in the Second Amendment context too. It
is nuanced and principled, not absolutist. The constitutional question
is not whether a law touches upon Second Amendment interests at all.
The question is whether the law unduly burdens those interests--whether
it strikes an appropriate balance between the Second Amendment
interests at stake and the public's interest in its safety. We don't
have to choose between the Second Amendment and saving lives. That is a
false choice.
The Heller II Court correctly concluded that the District of
Columbia's law--their assault ban--struck an acceptable balance and
upheld DC's ban on assault weapons and large-capacity magazines. In
fact, every court that considered laws banning assault weapons and
large-capacity magazines has upheld those laws as constitutional. I am
confident Senator Feinstein's bill will be upheld in the courts as
well.
When my colleague began drawing comparisons to the First Amendment, I
was reminded of what Justice Potter Stewart famously said of obscenity:
``I know it when I see it.'' The debate on this issue changed the day
that gunman massacred 20 little children and 6 educators with an
assault weapon and large-capacity magazines at an elementary school in
Newtown. That was an obscenity. Americans knew it when they saw it.
I hope we will continue to debate these issues in the days ahead.
Debate is important, especially when people feel so strongly on both
sides of this issue. I respect those who hold different views, and I
hope they respect mine.
As we debate this issue, I hope we keep in mind what Gabby Giffords,
Miya and Sam Rahamin, and Neil Heslin told us during our committee
hearings. Gabby Giffords was shot in the head during the massacre in
Tucson in 2011. Six people died that day. The youngest among them was
Christina-Taylor Green, the 9-year-old girl who loved to dance and who
very well may have followed in Gabby's footsteps.
Christina-Taylor had just been elected to the student council at her
elementary school and she had taken an interest in public service at a
young age. That is why she was visiting her Congresswoman. Christina-
Taylor was killed with the 13th bullet fired that day. Christina-Taylor
Green is not with us anymore, but by some miracle Gabby is, and Gabby
has used this second lease on life to be a voice for people such as
Christina. Gabby mustered every bit of energy she could to appear
before the Judiciary Committee in January. Let's not forget what she
said, which was this:
Speaking is difficult, but I must say something important.
Violence is a big problem. Too many children are dying. Too.
Many. Children. We must do something. It will be hard. But
the time is now. You. Must. Act. Be bold. Be courageous.
Americans are counting on you.
Miya and Sam Rahamim asked us to take action too. They lost their
father Reuven when a gunman opened fire at a sign factory in
Minneapolis in September. Reuven is an immigrant from Israel and lived
the American dream. He started a company that employed dozens of people
over the years and exported products to the rest of the world, even to
China--something Reuven was always eager to tell people. And Reuven was
especially proud of his patented method for making Braille signs which,
obviously, helped the blind. That was Reuven's thing--helping people.
He was active in my synagogue and in his community, and he will always
be remembered for his generous spirit.
Miya and Sam gave me a letter in January just a few weeks after Sandy
Hook and a few months after the mass shooting that took their father's
life, and others. This is what the letter said:
While Congress cannot prevent every death from gun
violence, it has a moral obligation to attempt to save as
many lives as possible. By passing this legislation, Congress
can prevent some Americans from receiving the call that is
dreaded most--that their father or mother, brother or sister,
spouse or child will not be coming home. . . . I want my
story told so that other families will not have to go through
the devastation that mine has been through.
And then there is Neil Heslin. He came to Washington to testify at a
Judiciary Committee hearing a few weeks ago. Neil told us about the
morning of the shooting at Sandy Hook when his son Jesse was killed. On
the way to school that morning, Neil and Jesse stopped at the deli to
get breakfast. Neil got coffee. Jesse got what he called coffee, which
was really hot chocolate. That is the part of the story that has really
stayed with me. It is a small detail but it is a pure detail. It says
something about how an innocent child looks up to his dad.
Neil was in a good mood. Christmas was around the corner and he had
plans to make gingerbread houses with Jesse and Jesse's classmates that
afternoon. Talking to Neil, you kind of got the sense that he was just
as excited about this as the kids were--maybe more so. He really
cherished this time together.
After they had their ``coffees,'' Neil dropped Jesse off at school.
It was 9:04 a.m. Neil told us this:
Jesse gave me a hug and a kiss. And he said, ``Goodbye, I
love you.'' Then he stopped, and he said, ``I love mom,
too.'' That was the last I saw of Jesse.
Neil is not a political guy. In fact, he told us:
Half the time, I think it doesn't matter which group of you
guys runs things out there, no offense.
But he continued:
Let me tell you, when you're sitting at a firehouse and
it's one in the morning and you're hoping against hope that
your son is still hiding somewhere in that school, you want
any change that makes it one bit more likely that you'll see
your boy again.
For me, that is what this is about, to make any change that will make
it one bit more likely that the next Jesse will live to make
gingerbread houses at Christmas. To see so many innocent lives lost on
that December morning,
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so many hopes and dreams dashed, so many families grieving, the country
was heartbroken, my wife and I were heartbroken, and we are still. I
wish we could offer more than our thoughts and our prayers and the
thoughts and prayers of our fellow Minnesotans.
We cannot turn back time. We cannot bring back the lives we have
lost. But if there is something we can do today in this Chamber--this
week in this Chamber--to save lives in our communities tomorrow, to
make it more likely that boy will be coming out of the school, then I
think we should do it.
Thank you.
I ask unanimous consent that the time for debate only be extended
until 8:30 p.m. and that at 8:30 p.m. the majority leader be
recognized.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FRANKEN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I ask unanimous consent that it be in order
for the Manchin-Toomey amendment No. 715 to be set aside and the
following amendments be in order to be called up: Grassley substitute
amendment consistent with the summary, which is at the desk; Leahy-
Collins amendment No. 713, trafficking; Cornyn amendment No. 719,
conceal carry; Feinstein amendment No. 711, assault weapons-clip bans;
Burr amendment No. 720, veterans-guns; Lautenberg-Blumenthal amendment
No. 714, high-capacity clip ban; Barrasso amendment No. 717, privacy;
and Harkin-Alexander amendment relative to mental health, the text of
which is at the desk; that following leader remarks on Wednesday, April
17, the time until 4 p.m. be equally divided between the two leaders or
their designees to debate the amendments concurrently; that at 4 p.m.,
the Senate proceed to vote in relation to the Manchin amendment No.
715; that upon disposition of the Manchin amendment, the Senate proceed
to votes in relation to the remaining pending amendments in the order
listed; that all amendments be subject to a 60-affirmative vote
threshold; that no other amendments or motions to commit be in order to
any of these amendments or the bill prior to the votes; that there be 2
minutes equally divided prior to each vote, and all after the first
vote be 10-minute votes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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