[Congressional Record Volume 165, Number 35 (Tuesday, February 26, 2019)]
[House]
[Pages H2119-H2128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 8, BIPARTISAN BACKGROUND CHECKS ACT
OF 2019, AND PROVIDING FOR CONSIDERATION OF H.R. 1112, ENHANCED
BACKGROUND CHECKS ACT OF 2019
Mr. RASKIN. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 145 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 145
Resolved, That at any time after adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 8) to require a background check for every
firearm sale. The first reading of the bill shall be
dispensed with. All points of order against consideration of
the bill are waived. General debate shall be confined to the
bill and shall not exceed one hour equally divided and
controlled by the chair and ranking minority member of the
Committee on the Judiciary. After general debate the bill
shall be considered for amendment under the five-minute rule.
In lieu of the amendment in the nature of a substitute
recommended by the Committee on the Judiciary now printed in
the bill, it shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
an amendment in the nature of a substitute consisting of the
text of Rules Committee Print 116-5. That amendment in the
nature of a substitute shall be considered as read. All
points of order against that amendment in the nature of a
substitute are waived. No amendment to that amendment in the
nature of a substitute shall be in order except those printed
in part A of the report of the Committee on Rules
accompanying this resolution. Each such amendment may be
offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. All points of
order against such amendments are waived. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendments as may have been adopted. Any Member may demand a
separate vote in the House on any amendment adopted in the
Committee of the Whole to the bill or to the amendment in the
nature of a substitute made in order as original text. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. At any time after adoption of this resolution the
Speaker may, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the bill (H.R.
1112) to amend chapter 44 of title 18, United States Code, to
strengthen the background check procedures to be followed
before a Federal firearms licensee may transfer a firearm to
a person who is not such a licensee. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and amendments specified in this section
and shall not exceed one hour equally divided and controlled
by the chair and ranking minority member of the Committee on
the Judiciary. After general debate the bill shall be
considered for amendment under the five-minute rule. In lieu
of the amendment in the nature of a substitute recommended by
the Committee on the Judiciary now printed in the bill, an
amendment in the nature of a substitute consisting of the
text of Rules Committee Print 116-6 shall be considered as
adopted in the House and in the Committee of the Whole. The
bill, as amended, shall be considered as the original bill
for the purpose of further amendment under the five-minute
rule and shall be considered as read. All points of order
against provisions in the bill, as amended, are waived. No
further amendment to the bill, as amended, shall be in order
except those printed in part B of the report of the Committee
on Rules accompanying this resolution. Each such further
amendment may be offered only in the order printed in the
report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against such further
amendments are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill, as amended, to the House with such further
amendments as may have been adopted. The previous question
shall be considered as ordered on the bill, as amended, and
on any further amendment thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
The SPEAKER pro tempore. The gentleman from Maryland is recognized
for 1 hour.
Mr. RASKIN. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentlewoman from Arizona (Mrs. Lesko),
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
{time} 1330
General Leave
Mr. RASKIN. Mr. Speaker, I ask unanimous consent that all Members be
given 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on Monday, the Rules Committee met and reported a rule,
House Resolution 145, providing for consideration of H.R. 8, the
Bipartisan Background Checks Act of 2019, and H.R. 1112, the Enhanced
Background Checks Act of 2019.
The rule provides for consideration of each bill under a structured
rule. The rule also provides 1 hour of general debate on each bill
equally divided and controlled by the chair and ranking minority member
of the Committee on the Judiciary.
The Bipartisan Background Checks Act of 2019 and the Enhanced
Background Checks Act of 2019 arrived at a time of emergency for
America--a real emergency. Every year 120,000 Americans are shot in our
country, and 35,000 of them are shot dead. Seventeen thousand of the
people wounded or killed each year are children or teenagers, their
families devastated, their lives forever changed.
In 2017, gun deaths in America hit the highest level in 40 years,
with 40,000 Americans killed.
We have lost more Americans to gun violence in our own communities
than to the Vietnam war, the Revolutionary
[[Page H2120]]
War, the Civil War, World War I, World War II, the Korean war, the Iraq
war, and the Afghan war, combined. This war at home never stops. Each
day--yesterday, today, and tomorrow--another 100 people in America are
shot and killed by gun violence.
Mr. Speaker, this is not a global problem; it is an American problem.
While 35,000 Americans are killed by gunfire here each year, it is 146
people in the United Kingdom, 142 in Portugal, and 30 in Japan.
We lose more people to gun violence in a single weekend than England
loses all year. We lost more people in the Las Vegas massacre alone, in
one bloody night, than the nation of Japan lost to gun violence in 8
years.
No other developed, high-income country's lethal gun violence even
comes close to the American carnage allowed by our loophole-ridden gun
laws. The gun-related murder rate in the United States is 25 times
higher than the average of other high-income countries and hundreds of
times higher than some of them.
Now, the good news is that we know what to do to begin to end this
crisis. We must close the loopholes.
In 1994, the Brady Handgun Violence Prevention Act went into effect
and required licensed firearm dealers to contact the FBI to run a
background check through NICS, the National Instant Criminal Background
Check System.
The Brady Act made it illegal to sell a firearm to felons, to
fugitives, to people who had been committed to mental institutions, to
drug addicts, to domestic abusers, to undocumented immigrants, and to
other disqualified categories.
The Brady Act worked as far as it went. It stopped more than 3
million illegal purchases of firearms by convicted felons, violently
abusive partners, fugitives, the mentally ill, and so on. But there are
gaping loopholes in the law because unlicensed gun sellers, the people
who sell guns online today or at gun shows or in other private
transactions, can sell firearms without having to run any background
check whatsoever.
More than one-fifth of U.S. gun owners acquired their most recent
firearm without any background check at all, which means that millions
of people obtained millions of firearms without going through the Brady
system, and people who commit gun crimes overwhelmingly obtain their
firearms from the unlicensed sources. A 2013 study found that 80
percent of all firearms acquired for criminal purposes were obtained
from sources that were not required to go through the background check.
The criminals are not stupid. They follow the loopholes. They go to
the internet. They go to the gun shows. They go to the convenience
store parking lots to get their weapons of mass destruction without any
background check at all.
Our legislation will close these dangerous loopholes by guaranteeing
that there is a thorough NICS background check on every gun sale or
transfer, with only a few carefully defined exceptions for intrafamily
gifts and a few other cases.
Mr. Speaker, there are three primary things you need to know about
this legislation:
First, it is backed by more than 90 percent of the American people--
fully, 97 percent of Americans, including 97 percent of gun owners, 97
percent of Republicans, and 99 percent of Democrats. It is the very
essence of common sense, the sense we all have in common, to make the
background check system comprehensive and universal, leakproof,
foolproof, and not ridden by the loopholes.
A background check doesn't work if criminals know that there are
massive and lawful ways to cheat and get around it. So America, today,
stands up to close the loopholes, and that is why this is a day of
great triumph for the gun safety movement that has swept America in
response to Parkland, Las Vegas, Newtown, and the other massacres that
our people have endured.
Second, this legislation is perfectly constitutional. As Justice
Scalia found for the Supreme Court in the District of Columbia v.
Heller decision, the Second Amendment permits reasonable regulation to
exclude from gun ownership violent felons, the mentally unstable, and
so on.
Despite all of the solemn invocations of the Second Amendment that we
continue to hear bouncing off of the walls of Congress, the opponents
of this legislation could not muster a single witness to actually argue
that this legislation is unconstitutional, and that includes the George
Mason University Antonin Scalia School of Law professor of
constitutional law and the Second Amendment who was brought in and just
expressed her policy misgivings about the bill without articulating any
constitutional analysis at all and rejected the opportunity to say that
this legislation is unconstitutional.
The reason 97 percent of Americans favor this legislation is because
it is perfectly consistent with the letter and spirit of the Second
Amendment, and it sweepingly advances public safety at the same time.
Third, this bill will dramatically lower gun violence in America.
More than 90 percent of Brady background checks take less than 90
seconds to complete. But these checks have literally stopped more than
3 million illegal gun purchases by felons, fugitives, domestic
offenders, the violently mentally ill, undocumented aliens, and so on.
Every day, background checks stop 170 felons and 50 domestic abusers
from purchasing a gun. Imagine how much more effective this system will
be when we close these gaping loopholes.
Yet, even in the face of the shocking death toll which distinguishes
our society from the other wealthy societies on Earth, despite the
overwhelming public support for this legislation, and despite its clear
constitutionality, our friends across the aisle oppose closing the
internet, the gun show, and the private sale loopholes.
Instead of getting on our side to close the loopholes, what do they
give us? More loopholes. They brought us dozens of amendments to try to
suggest more loopholes to the current law.
That is obviously not the direction that America needs to go in, and
you will hear some more about that today, Mr. Speaker. They have given
us a veritable loophole factory. But now is the time to close
loopholes, not reproduce them.
Let's focus on the public safety, which is the cardinal purpose of
law in the social contract in a democratic society. Let's pass this
excellent bill, and let's pass H.R. 1112, the Enhanced Background
Checks Act of 2019, which closes the Charleston loophole, the loophole
that made it possible for a guy to go out and get a gun because the
dealer decided to give him a gun after 3 days because they were still
doing a background check.
This loophole says that if it has taken 3 days or more, you have a
right to go ahead and get your gun. We are going to close that one, the
so-called default proceed provision. We are going to close that one,
too, so that we don't see any repeat massacres like the one that took
place in June of 2015 at the Emanuel African Methodist Episcopal Church
in Charleston, South Carolina.
I reserve the balance of my time, Mr. Speaker.
Mrs. LESKO. Mr. Speaker, I yield myself such time as I may consume,
and I thank Mr. Raskin for yielding me the customary 30 minutes.
Mr. Speaker, all of us, Republicans and Democrats, want to reduce gun
violence. I think there is just a difference of opinion on how we get
there.
Unfortunately, H.R. 8 and H.R. 1112, although well-intentioned, will
not reduce gun violence as Mr. Raskin said, and instead it will turn
everyday, law-abiding individuals into criminals and could actually do
more harm than good.
I grew up in a family that didn't have guns. After my dad returned
from World War II, he stopped hunting. So, because I wasn't around
them, I have to admit I had an irrational fear of guns for awhile. It
wasn't until I became an adult that I got educated.
I remember I first went to a debate where the person who was talking
for gun rights said: Do you know who follows the laws? Law-abiding
people follow the laws. Who doesn't follow the laws? Criminals do not
follow the laws.
So although well-intentioned, often laws are unenforceable, and
criminals just do not follow them.
H.R. 8, again, I believe is well-intentioned. But it will not solve
the problem. H.R. 8 would not have prevented any of the mass shootings
in the last 20 years, not one of them.
[[Page H2121]]
I studied them because I am on the Judiciary Committee along with Mr.
Raskin, and we heard this bill in that committee. In most cases, guns
were obtained legally. Recent attackers have passed background checks
to acquire their firearms, including the attackers at the Thousand
Oaks, California, shooting; the Tree of Life synagogue in Pittsburgh,
Pennsylvania shooting; the attacker in the Marjory Stoneman Douglas
High School, Parkland, Florida, shooting; the shooting at the Pulse
nightclub in Orlando, Florida; and the Las Vegas, Nevada, shooting.
None of these attacks would have been prevented if H.R. 8 or H.R. 1112
were law.
Then, the attackers in the Columbine High School Colorado shooting
used straw purchasers for their weapons, an act that is already illegal
and has been illegal since at least the 1960s.
Adam Lanza, the attacker in the Sandy Hook Elementary School,
Newtown, Connecticut, shooting used his mother's firearms which were
legally purchased by his mother. So as you can see--and I have each one
of them listed how the attackers got their guns--H.R. 8 and H.R. 1112
would not have prevented any of these shootings.
Not only would none of the mass shootings be prevented by H.R. 8 and
H.R. 1112, but the Department of Justice under President Obama said
that in order for universal background checks to actually work and be
enforceable, a Federal gun registry is needed. Yet this legislation in
H.R. 8 specifically prohibits a registry; thus, again, it is
unenforceable.
The fact is criminals don't get their guns legally and will not go
through a background check to get their guns even if this bill were
signed into law.
{time} 1345
A recent Department of Justice report of prison inmates that used
guns in their crimes showed that 56 percent obtained their guns
illegally and another 25 percent received them from family members--
which, by the way, family members are still allowed to get the guns
under this law.
It is obvious, then, that they did not get their guns from a gun show
or private sales, as Mr. Raskin is concerned about.
H.R. 8 will also turn everyday, law-abiding citizens into criminals
if it becomes law.
Let's look at the amendments that were rejected by the Democrats in
the Rules Committee and in the Committee on the Judiciary that offered
to protect law-abiding citizens from becoming criminals.
First, there was an amendment--I thought commonsense--that someone
thinking of committing suicide would be exempted from temporarily
turning over their gun to a friend, and it is not allowed under this
bill. They would become a criminal.
So, somebody who wants to commit suicide could not transfer their gun
to someone else.
If a law-abiding citizen wanted to let someone temporarily use their
gun on their own property, they would become a criminal under this
bill.
If a farmer or rancher wanted to temporarily lend a gun to a ranch
hand for the purposes of ranch activities, the farmer would become a
criminal under this law.
If a domestic violence victim was in fear for her life and wanted to
temporarily borrow a gun from a friend to protect herself, she would
become a criminal under this law.
Let's also look at some commonsense amendments rejected by the
Democrats that would have prevented undue burdens and duplication on
law-abiding citizens who have already passed a background check but now
have to go through another background check under this law.
People who have security clearances. This is the application to get a
government security clearance, page upon page, background check,
extensive background check. Yet, someone who has this and has gone
through this still has to get another background check.
People who have a concealed carry weapon issued by a State, they have
to go through another background check.
People who have already gotten a gun permit from States which require
them; they have to go through another background check.
People who have global entry, who have gone through a background
check, they have got to do it again under this bill.
Even law enforcement officers. Law enforcement officers have to go
through another background check under this bill.
This is placing undue burden on law-abiding citizens.
Now I want to share testimony from a young woman from the Judiciary
Committee. This woman was a victim of rape on her college campus. And
the reason I am bringing it up is because well-meaning gun control laws
actually prevented her from carrying a gun to school because the State
she traveled through did not allow her to carry a gun in order to
defend herself.
This is a clear example of how law-abiding citizens--not criminals,
law-abiding citizens--who follow the law and how this young woman and
others like her were actually harmed by well-intentioned gun control
laws.
As a survivor of domestic violence, I know all too well how hard it
can be to protect oneself or find a lifeline out. My abuser often
controlled all my finances. I wouldn't have been able to pay for a
background check or a gun.
Sometimes getting a gun from a friend could actually be your only
option; yet, unfortunately, under this bill, I tried to offer an
amendment, but it was rejected.
Now let's turn to H.R. 1112, which changes the length of time that a
background check has to be completed from the current 3 days to 10
business days and then another 10 business days for an appeal. So it
could be 20-plus days.
The reason I am bringing this up is I want to tell you a story--a
real story--about Carol Bowne. She was a New Jersey woman who was
stabbed to death while waiting to be approved for her firearm
application.
She already had an order of protection through the courts, but that
wasn't enough. She needed more than just that piece of paper.
H.R. 1112 will make the realities of Carol's story happen across the
country, putting millions of women and law-abiding citizens in danger.
Women who seek avenues of protection will be forced to wait almost a
month--20 days to a month--like Carol. How many women will potentially
suffer like Carol?
H.R. 8 also has other problems.
Unfortunately, the debate in the Judiciary Committee was cut short.
Many commonsense amendments were not even heard. Only 10 amendments out
of 100 were heard before the chairman cut off debate.
Because of the rush to get this bill through, there is another
problem. There is vague language that is not defined and, thus, is open
to interpretation.
I know, in some of the amendments, the majority party has tried to
give an alternative to my good, commonsense domestic violence
amendments, but it doesn't do any good. And this is the reason; it is
because the language is so vague.
It says: Under H.R. 8, a person is allowed to temporarily transfer a
firearm if it is necessary to prevent imminent death or great bodily
harm.
The question is: There is no definition of this, so how long is a
temporary transfer? Who determines that? Does the victim determine it?
Who determines if there is imminent death? Does it qualify if a
victim of domestic violence thinks they will be killed? Or does the
person transferring the gun have to be in the same room and there be
some kind of shootout and they throw a gun to them?
What do ``imminent danger'' and ``imminent death'' mean?
With something as important as the Second Amendment, I think we owe
it to the American people to do our work and take as long as we have to
in order to have a fair and open debate on major pieces of legislation.
Mr. Speaker, with that, I urge opposition to the rule, and I reserve
the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I include in the Record a statement by the National Task
Force to End Sexual & Domestic Violence, which is in favor of this
legislation and against any weakening amendments.
National Task Force To End Sexual & Domestic Violence
The National Task Force to End Sexual and Domestic
Violence, a coalition comprising federal, state, local and
tribal organizations and individuals who have fought for
[[Page H2122]]
federal protections for survivors of domestic violence,
dating violence, sexual assault and stalking, oppose any
amendments to H.R. 8, the Bipartisan Background Checks Act of
2019, that exempts any persons from the firearms background
check requirement. This includes amendments exempting victims
and survivors of domestic violence or sexual assault,
including those with protective orders.
Firearms pose a significant danger to victims of domestic
violence, and this is true no matter who owns the firearm.
Research shows that a male abuser's access to a firearm
increases the risk of intimate partner femicide fivefold and
does not support the contention that firearm possession is a
protective factor for the victim. The testimony of Christy
Salters Martin, a professional boxer and experienced gun
user, to the Senate Judiciary Committee illustrates this.
Despite her boxing prowess and familiarity with firearms, her
abuser was able to take her gun from her and shoot her with
it, narrowly missing her heart. Firearms do not make victims
of domestic violence safer; firearms put victims at greater
risk.
Furthermore, domestic abusers are adept at using the
justice system against victims. Abusers often accuse the
victim of being the perpetrator of violence, making police
reports and seeking protective orders. Abusers are also adept
at finding loopholes. If persons with protective orders are
exempted from the background check requirement, many abusers
who are prohibited from possessing firearms would seek
protective orders in order to circumvent the background check
requirement to obtain firearms to terrorize their victims.
Moreover, requiring a victim to undergo a firearms
background check is not a hurdle to obtaining a firearm. Most
firearm background checks are completed in under a minute. A
victim seeking to purchase a firearm would still be able to
do so quickly, unless the victim was legally prohibited from
possessing firearms.
Rather than adding dangerous exemptions to a law that is
supposed to protect victims and survivors of domestic
violence, Congress should focus on ensuring that adjudicated
domestic abusers do not possess firearms. This includes
ensuring federal firearms prohibitors protect all victims of
intimate partner violence, including dating partners, and
ensuring that domestic abusers who are prohibited from
possessing firearms relinquish their firearms. The best way
to protect victims is to disarm abusers.
Mr. RASKIN. Just to quote a small part of it: ``Firearms pose a
significant danger to victims of domestic violence, and this is true no
matter who owns the firearm. Research shows that a male abuser's access
to a firearm increases the risk of intimate partner femicide fivefold
and does not support the contention that firearm possession is a
protective factor for the victim.''
And there is more in here of interest.
I would like to thank my distinguished colleague from Arizona for her
thoughts on the question of sexual and domestic violence.
We, indeed, have a provision within the legislation which allows for
an exemption from the background check requirement in cases of an
imminent threat of great bodily harm.
The question has been raised: Does that include sexual assault,
dating partner violence, stalking, and so on? We thought it was self-
evident that it did, but, in any event, Representatives Horn from
Oklahoma and Murphy from Florida are introducing a clarifying amendment
to be very specific that it is included.
At that point, perhaps we could welcome the support of the
distinguished gentlewoman from Arizona, because we are being very clear
at that point that our exception for imminent bodily harm and violence
includes sexual assault and so on.
I am certain that the gentlewoman's intentions are good, just as are
the intentions of the offerers of the amendment in the bill.
Let me just address, in case the gentlewoman hasn't decided to come
over to our side now, some of the general points that were made against
the legislation.
The gentlewoman articulated an argument we have been hearing a lot of
from our counterparts, which is that criminals don't follow the law
and, therefore, there is no reason to get rid of the loopholes and
strengthen the law, because criminals won't follow the law.
Now, the fallacy of that argument is plain to see. It is an argument
against all law.
It is an argument against the law against murder because murderers
obviously don't follow the law against murder.
It is an argument against the law opposed to theft because thieves
don't follow the law against theft.
But I think anyone who takes time to really study what law is
understands that the purpose of the law is to deter people from
negative, socially harmful action, the way that the Brady Act has
deterred more than 3 million people--felons, fugitives, the mentally
unstable, and other unauthorized categories--from accessing a weapon.
Now, that argument sweeps so broadly that it is an argument against
having the Brady Act that we have now, and perhaps that is the
intention, simply to take down the law that we have got now.
Another purpose of law, of course, is to punish people who violate it
and then, again, to send a moral message about what the social norms
are.
And we have got social norms about driving, for example. Would we say
we are not going to have driver's licenses in America because people
who drive without a driver's license ignore the law requiring you to
have a driver's license?
It is a completely nonsensical argument.
Let's come back to reality and talk about what the Brady Act actually
requires the gun dealers to ask people.
Here are the basic questions that are being asked:
Are you under indictment for or have you ever been convicted of a
felony?
Are you a fugitive from justice?
Are you an unlawful user of a controlled substance?
Do you suffer from mental illness?
Have you been dishonorably discharged from the Armed Forces?
Are you subject to a court order restraining you from harassing,
stalking, or threatening your child or an intimate partner?
Have you ever been convicted of a misdemeanor crime of domestic
violence?
Have you renounced your United States citizenship?
Are you unlawfully present in the United States?
Mr. Speaker, those questions have created a dragnet that has allowed
us to stop more than 3 million people from getting weapons who
shouldn't have them.
But there are these big, gaping loopholes out there that they can go
on the Internet and get one, or they can go to the parking lot of a
convenience store in a private sale and get one, or they can go to a
gun show and negotiate a private sale and get one without having to
answer those questions.
Well, the American people have spoken on this. That is really why
this is the first legislation advocating gun safety to hit the floor of
the House of Representatives in a quarter of a century.
This is a great day for the gun safety movement that has overtaken
America, rejecting the unconscionable toll of 100 people dead every
single day in communities across the land.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr.
Thompson), the sponsor of the underlying bill, H.R. 8, who has done
such a magnificent job advocating this cause through thick and thin.
Mr. THOMPSON of California. Mr. Speaker, I rise in strong support of
this rule and for the underlying legislation, a bipartisan measure that
will make all of our communities safer and will save lives.
I would like to thank Chairman McGovern for his fair consideration of
H.R. 8 and the proposed amendments that came before the Rules
Committee.
This is an important time in our Nation's history. Over 80 percent of
Americans have come together to support universal background checks.
This is a new day, and this is the time to act now.
Since the tragedy in Newtown about 6\1/2\ years ago, this House has
held 54 moments of silence, but we have not held one moment of action.
With Speaker Pelosi's leadership, we now have a chance to vote for
two--two--bipartisan bills which will help save lives.
As a gun owner and a strong supporter of the Second Amendment, I was
proud to introduce H.R. 8 with my bipartisan colleagues. I look forward
to its consideration tomorrow, and I urge my colleagues to support this
rule today and the bill tomorrow.
{time} 1400
Mrs. LESKO. Mr. Speaker, I yield 5 minutes to the gentleman from
North Carolina (Mr. Hudson), my good friend.
Mr. HUDSON. Mr. Speaker, I rise today to voice my strong opposition
to H.R. 8 and H.R. 1112.
[[Page H2123]]
We all share the same goal: to end gun violence. But in the course of
this debate, House Democrats say they want to do something to end gun
violence and anyone who disagrees with their policies doesn't care.
I believe in my heart that the gentleman from Maryland and the folks
on the other side of this debate care about the victims of gun violence
and the children in this country, and I know in my heart that my
colleagues on this side of the aisle and I care, too.
It is a shame that in their rush to do something, anything, Democrats
have made this a partisan show. They won't even allow my bipartisan
concealed carry reciprocity bill that passed this House last Congress
to be debated on the House floor today.
What about the single mother victim of assault, like Shaneen Allen?
Does she not have the right to defend herself?
Instead of working on commonsense solutions that can actually help
prevent tragedies--like supporting local law enforcement, ensuring laws
and protocols are followed, improving mental health, and implementing
my concealed carry reciprocity--they are targeting law-abiding
citizens, and they are disregarding existing Federal law.
There is no gun show loophole. Federal law already requires a
background check on every commercial gun purchase in America no matter
where it takes place. Federal law already prohibits so-called straw
purchases.
Let's make one thing clear: H.R. 8 would not have stopped Newtown.
H.R. 8 would not have stopped Parkland. It would not have stopped Las
Vegas or Sutherland Springs or San Bernardino or the tragic attack on
our former colleague, Congresswoman Gabrielle Giffords.
But the proponents of gun control don't want you to judge them based
on outcomes; they want you to judge them based on intentions. And they
say anyone who points out the facts, anyone who dares observe the
obvious flaws in their legislation, does so because they don't care.
In their rush to do something, House Democrats ignore that House
Republicans have done many things, like strengthening the background
check system, which would have prevented Sutherland Springs; improving
mental healthcare, which would have prevented many of these shootings
such as Newtown and Charleston and Parkland; and giving schools the
tools they need to protect students. All these bills received
bipartisan support in the last Congress, but we don't get credit for
real action because they say our intentions weren't good enough.
We owe it to the American people to look past the intention and the
emotion and focus like a laser on outcomes. What can we do to actually
end gun violence once and for all?
So what is this bill actually going to do?
It is going to turn a law-abiding American into a criminal when you
loan your shotgun to your buddy to go dove hunting.
It is going to make it illegal for a victim of stalking to borrow a
gun from a neighbor for protection.
It is going to make the cost of background checks so expensive that
the average American can't afford to buy a gun. Meanwhile, criminals
are going to continue to get their firearms, whether it is through
theft or the black market or on the street.
I applaud President Donald Trump for standing with us against this
ineffective legislation, and I encourage my colleagues to vote ``no.''
The American people want us to work together to solve this problem
and stop gun violence. Can't we come together in a bipartisan way and
not just do something, but do something that will actually make a
difference?
I am calling on my colleagues to put partisanship aside. Work
together on ideas that will actually make a difference. I stand ready
to continue this work. I will work with anyone to end gun violence
while also protecting the rights of law-abiding citizens, and I reject
the false dilemma that we can't do both.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
I suppose that we are in a rush to do anything, something, anything
that works in order to curb the terrible toll of gun violence on our
society.
In the last Congress it is true there was other legislation that was
brought to us. One was a proposal to legalize silencers in America,
which sounds to me more like an agenda of organized crime than it is of
the U.S. Congress trying to seek public safety.
But there was this bipartisan Concealed Carry Reciprocity Act, which
was a massive assault on federalism and States' rights. It would have
destroyed every State's concealed carry law in the country to a level
at the lowest common denominator. So if you could get a license to
carry a concealed loaded weapon in one State--and in some States there
are more than a million people who have been able to get them through
completely permissive and lax laws--then you could go anywhere in the
country. That is their proposal. That is what is coming out of the
loophole factory.
I just would like to assure my friend that we have a provision in our
legislation, if you read it carefully, which says that you can
temporarily transfer a gun at a shooting range, at a shooting gallery,
or for purposes of hunting, so he doesn't have to worry about this.
Our friends are either not reading carefully enough or they are
overlooking very clear passages in our legislation which deal with
commonsense concerns.
This is bipartisan legislation. It is backed by more than 90 percent
of the American people, and it is going to advance common safety. So
rather than searching for mysterious reasons to oppose it, why
shouldn't everybody get together to say this is something that will
promote the public safety?
Mr. Speaker, I yield 1 minute to the gentlewoman from Florida (Ms.
Castor).
Ms. CASTOR of Florida. Mr. Speaker, I thank Mr. Raskin of the Rules
Committee for yielding the time.
Mr. Speaker, I rise in strong support of this rule and H.R. 8, the
Bipartisan Background Checks Act of 2019. I am proud to be a cosponsor,
and I thank Congressman Thompson for his leadership.
Our bill is intended to ensure that individuals who are prohibited
from owning a firearm are not able to possess one.
Representative Raskin is right. America is in the midst of a gun
violence emergency. Each year, 120,000 Americans are injured by a
firearm; 35,000 Americans die; and of those, 17,000 who are injured and
killed are children.
No other country in the world suffers the ravages of gun violence,
and I am afraid we have become numb to it. But we don't have to accept
it, and we are not, because we are going to finally pass legislation
here today.
Mass shootings are on the rise. Military-style assault weapons are
deadlier than ever. People are being gunned down in churches, schools,
movie theaters, nightclubs, and synagogues.
For so many years, the Republican-led Congress blocked action on
commonsense gun safety laws. But, finally, to the American people: We
heard you; to the students who marched for their lives: We are finally
going to act.
It is time now. I urge adoption of this bipartisan bill, the rule. It
is a vote for the safety of our communities and our families.
Mrs. LESKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to address a couple of things that were
said previously.
I had sponsored an amendment, as a survivor of domestic violence, to
allow victims of domestic violence and sexual abuse who have orders of
protection to be able to get transferred a gun if they might be in fear
for their life.
As I have said, often victims of domestic violence don't have the
financial means or they are so restricted by their perpetrator that it
is difficult for them to go out and purchase a gun, let alone get a
background check, and so they might have a friend whom they can borrow
it from.
Now, in response, I think, Mr. Raskin, if I am not mistaken, said
that the Democrats did help domestic violence victims. I just don't
think that their amendment cuts it, and I am going to read the
amendment if this is the one that the gentleman is talking about.
It says: A temporary transfer that is necessary to prevent imminent
death or great bodily harm, if the possession by the transferee lasts
only as long as immediately necessary to prevent the
[[Page H2124]]
imminent death or great bodily harm--and then here is the amendment--
including the harm of domestic violence, dating partner violence,
sexual assault, stalking, and domestic abuse.
I would say just because you add the words ``domestic violence,''
``victims of domestic abuse'' doesn't mean this is going to help; and
the reason is simply because of what I said before, that these terms in
here are really unclear. I really would like somebody to explain, and
they are not defined anywhere, who determines prevent imminent death or
great bodily harm?
So, let's say I am a victim of domestic violence and I think my
perpetrator is going to kill me. Does imminent death and, in this word,
say, last only as long as immediately necessary to prevent the imminent
death? So does that mean the person who--my friend who can lend me a
gun has to be right there in the same room and see that there is
imminent death coming?
I mean, there is no definition here. So it is unclear to me that this
would help at all.
Also, what is the definition of ``temporary transfer''? How long is
that? How long is temporary transfer? Does that mean, you know, just
enough time you can throw somebody a gun while they are imminently in
death? I mean, do you have to be right there? What does this mean?
There is no definition.
So, if we are going to proceed with this, I think that we should at
least define what these terms mean. Therefore, I really wish that my
amendment that said that victims of domestic violence or sexual abuse
that have an order of protection through the court--through the court--
would be allowed to at least borrow a gun to defend themselves from,
maybe, a friend.
Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
I want to thank my colleague for advancing our discussion here
because I think now we are really starting to get somewhere.
The gentlewoman suggested an amendment which allows for the transfer
of a firearm to a victim of domestic violence or sexual assault who has
an order of protection issued by a court. That is an extremely narrow
exception.
Most women who are enduring domestic violence don't have a civil
protection order. Part of that is because of the incompetence of the
laws in a lot of States, and part of it is because they haven't had the
wherewithal to go and get one.
But our legislation and our amendment sweeps much more broadly. It
allows any woman who is a victim of domestic violence, who faces a
threat from their attacker, to be loaned a gun by a family member or be
loaned a gun by a friend until the threat is resolved.
My friend suggests that there is something ambiguous about the words.
I just don't see the ambiguity. Their original argument attacked the
utility of all criminal law, saying we shouldn't have criminal laws,
essentially, because criminals won't follow them.
This seems like an attack on law itself. Law depends upon language.
But the language is clear here that if there is a threat and if you are
suffering from the threat of domestic violence, sexual assault and so
on, then you can get the gun.
Who interprets it? Well, you have got the right to go out and get it.
If someone were to prosecute you for doing that, the prosecution would
clearly lose.
So I am afraid that our friends are looking for problems in this
bipartisan legislation which simply don't exist.
Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms.
Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, as a senior member on the Judiciary
Committee and senior member on the Crime, Terrorism, and Homeland
Security Subcommittee, I, too, am glad of the underlying discussion
regarding the protecting of women.
I rise today to support H.R. 8, the Bipartisan Background Checks Act
of 2019, to close the gun show loophole, supported by 80 percent of the
American people, so unlicensed dealers cannot, undercover, out of the
back of their trunk, sell to people who would create and perpetrate
either mass murders or individual abuse and gun violence.
I also support H.R. 1112, the Enhanced Background Checks Act of 2019,
that would, in fact, have stopped the deaths at the Mother Emanuel
Church in Charleston, South Carolina, where worshippers were shot down,
nine of them.
To listen to the debate in the Judiciary Committee, 10 hours of
rebuffing these simple legislative initiatives, I beg of my colleagues
to stand with us. It is clear that we have an amendment, Horn and
Murphy, that clarifies great bodily harm, includes domestic violence,
dating partner violence, sexual assault, stalking, and domestic abuse.
We want women to be protected and others involved in domestic abuse
circumstances.
My amendment that will be brought up as well will provide the
information as to how many times the FBI has had to deal with petitions
that have been denied.
Let us not have another 20 years before we have bills that deal with
gun safety legislation. Let's do it now.
Mr. Speaker, I rise in strong support of the rule governing debate on
H.R. 8, the ``Bipartisan Background Checks Act of 2019'' and H.R. 1112,
the ``Enhanced Background Check Act of 2019,'' as well as the
underlying legislation.
These legislative proposals address and strengthen the background
check system that is already in place to purchase a firearm.
A 2013 study found that approximately 80 percent of all firearms
acquired for criminal purposes were obtained from sources who were not
required to run a background check, and that 96 percent of inmates who
were not prohibited from possessing a firearm at the time they
committed their crime obtained their gun this way.
This loophole exists largely because unlicensed sellers need not
conduct any background check under current law, even if the sellers
sell a large number of guns.
H.R. 8, the ``Bipartisan Background Checks Act of 2019,'' would make
it illegal for any person who is not a licensed firearm importer,
manufacturer, or dealer to transfer a firearm to any other person who
is not so licensed without a background check.
Individuals seeking to transfer a firearm under this measure would be
required to visit a licensed firearms dealer to run the necessary
background check before the transfer could be finalized.
H.R. 8 is intended to provide an accurate and speedy manner to ensure
firearms do not end up in the wrong hands.
An internal assessment by the Federal Bureau of Investigation (FBI)
demonstrated that NICS background checks are approximately 99.3 percent
to 99.8 percent accurate, and in 90 percent of cases, are processed
within 90 seconds.
H.R. 1112, the ``Enhanced Background Checks Act of 2019,'' would
strengthen the background check procedures federal firearms licensees
or dealers follow before selling or transferring a firearm.
As under current law, firearms dealers would be required to run a
background check on prospective buyers using the NICS.
Over 90% of checks are completed within 90 seconds so if the NICS
system has not returned an answer to the licensed firearms dealer
within ten days, the prospective firearms purchaser may file a petition
with the Attorney General for review.
After another ten-day period has expired, the licensed firearms
dealer may sell or transfer the firearm to the prospective purchaser if
it has not received a response through the NICS system and the dealer
has no reason to believe that the purchaser is prohibited from
obtaining a firearm under federal, state, or local law.
Thus, under this measure, licensed firearms dealers could not sell or
transfer under the ``default proceed'' provision until at least 20 days
have passed, since the initial background check.
Mr. Speaker, the American people are demanding effective action to
reduce, if not prevent altogether, the countless mass shootings and gun
violence in our country that continue to claim so many innocent lives.
Newly released data from the Centers for Disease Control (CDC) and
Prevention found firearm-related deaths rose for the second-straight
year in 2016, largely due to spikes in gun violence.
In 2016, the new CDC report on preliminary mortality data shows that
there were more than 38,000 gun-related deaths in the U.S.--4,000 more
than 2015.
An Associated Press analysis of FBI data shows there were about
11,000 gun-related homicides in 2016, up from 9,600 in 2015.
Congress must act to keep our country safe through gun safety and
violence deterrence.
There is nearly one mass shooting per day in the United States--355
mass shootings in 2018.
In December 2012, a gunman walked into Sandy Hook Elementary School
in Newtown,
[[Page H2125]]
Connecticut, and killed 20 children, 6 adults, and himself.
Since December 2012, there have been at least 1,518 mass shootings,
with at least 1,715 people killed and 6,089 wounded.
On the night of October 1, 2017, a gunman opened fire on a large
crowd of concertgoers at the Route 91 Harvest music festival on the Las
Vegas Strip, leaving 58 people dead and 527 injured.
And on November 5, 2017, a mass shooting occurred at the First
Baptist Church in Sutherland Springs, Texas, where the gunman, 26-year-
old Devin Patrick Kelley killed 26 and injured 20 others.
Every day, on average, 92 Americans are victims of gun violence,
resulting in more than 33,000 deaths annually.
States with higher gun ownership rates have higher gun murder rates--
as much as 114 percent higher than other States.
A recent study by the Centers for Disease Control and Prevention
looking at 30 years of homicide data found that for every 1 percent
increase in a State's gun ownership rate, there is a nearly 1 percent
increase in its firearm homicide rate.
Gun death rates are generally lower in States with restrictions such
as safe storage requirements or assault weapons bans.
Mass shootings stopped by armed civilians in the past 33 years: 0.
Because more than 75 percent of the weapons used in mass shootings
between 1982 and 2012 were obtained legally, stronger legislation is
needed to prevent guns from getting into the wrong hands.
And that begins with passing H.R. 8, the ``Bipartisan Background
Checks Act of 2019,'' and H.R. 1112, the ``Enhanced Background Check
Act of 2019.''
I urge all Members to support the rule and the underlying legislation
when it comes to the floor.
Mrs. LESKO. Mr. Speaker, I yield myself such time as I may consume.
I would like to refute some of the things, or talk about some of the
things said by my friends on the other side.
One of the things that I do want to talk about is that Mr. Raskin
said that my amendment is such a narrow exception for domestic violence
victims. I had a broader one in Judiciary Committee, if the gentleman
remembers, and Chairman Nadler told me that it was too broad, that it
was too vague, so that is why I made it very specific.
If the gentleman would like, I will make it broad again.
{time} 1415
Also in the Rules Committee, there was another amendment as well, and
we are both on Rules, too, of course.
There was a broader one from Mr. Scalise, who is a victim of gun
violence. He had an amendment that was ruled out of order. That
basically said any victim of domestic violence, which was broad, but
then he had another subsection that said victim of domestic violence or
sexual abuse that has an order of protection. So we covered both, yet
it was ruled out of order. So we really tried.
Now, the other thing that you brought up, that it is very clear what
imminent danger means, and that would cover somebody, and surely a
domestic violence victim would not become a criminal under this law.
Well, I don't think it is very sure.
So I ask Mr. Raskin, my colleague, if he would be open to removing
the word ``imminent'' and just say ``danger,'' instead of ``imminent
danger,'' because to me, ``imminent danger'' means you have to be right
in the same room, you know, and throw somebody a gun or something. I
mean, to me, the word ``imminent'' needs to be removed from the
language.
The other thing I would like to talk about is the number of times now
my colleagues on the other side of the aisle have said: Oh, so many
people support this universal background check.
Well, I disagree. I disagree, because there is proof right in Maine.
They had a ballot measure, and it was rejected by the majority of the
people.
I suppose it depends on how you ask the question, but I just don't
think that when you get into the details of how it takes away our
fundamental Second Amendment rights and actually burdens law-abiding
citizens and actually may harm people, some of these laws--like was the
case with the young woman who testified in Judiciary who said that
good-intentioned gun laws actually prevented her from defending
herself, and she was raped.
So I would say I have some disagreements with some of your
statements.
I also want to point out that there are many things that we can do on
a bipartisan basis, and this obviously is not bipartisan. I am a co-
chairwoman of the Women's Caucus in Congress, and I have talked to my
counterpart, a very nice woman and Congresswoman. We really do want to
work on bipartisan solutions to gun violence. I would say one of those
is let's really concentrate on mental health issues.
Now, we have done some things in the past. We did the Fix NICS Act,
which we passed last year on a bipartisan basis, which really is an
attempt to fix the national background system so that local
jurisdictions actually report when there are problems, which I think is
very valuable.
We also did legislation in a bipartisan manner that would protect our
schools more.
Here is another thing we could do in a bipartisan manner. As you have
noted, 3.5 million people have been stopped by NICS since 1994 from
getting guns, and 112,000 were stopped just last year. But you know
what? Only 12 of those 112,000 were actually prosecuted. Why? I mean,
we have laws on the books now, and we are not even enforcing them. So I
think that is another thing we can do on a bipartisan basis.
Again, this bill, I believe, does more harm than good. I do think my
colleagues are well intentioned. I do believe that all of us, whether
we are Republican or Democrat, want to reduce gun violence.
Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself as much time as I might
consume.
Mr. Speaker, first, to clarify one thing, this is bipartisan
legislation. We have at least five Republicans who are cosponsoring and
supporting this legislation. I assume my friend doesn't mean to read
those five Republican Members of the House of Representatives out of
her caucus.
I am not quite sure what happened in Maine, but I know that there are
around a dozen States and the District of Columbia that have already
gotten rid of the loopholes that we are going to get rid of today in
this Federal legislation.
My friend also invokes Second Amendment rights. I thought that we had
put that red herring to rest in 2008 in Heller v. District of Columbia.
Justice Scalia said that reasonable regulation to screen out felons and
fugitives and the mentally unstable is perfectly consistent with the
Second Amendment.
Everybody on both sides of the aisle favors the Second Amendment,
along with the rest of the Bill of Rights. If you are going to oppose
this legislation, you have to base it on some public safety rationale
and not pretend like anybody has made a constitutional argument,
because nobody has made a constitutional argument.
Finally, on the question of the domestic violence amendment, I would
invite my friend to come on over, and we would gladly have unanimous
consent to have her added to the amendment, which is the broader
amendment she is talking about. Of course, her amendment was the narrow
one, which required you to have a civil protection order before there
would be an exception from the provisions of the legislation.
She said she was misdirected by the chairman of the Judiciary
Committee. All I can say is the legislative process is a treacherous
place and a rocky road for people in the minority. I have been dealing
with that for several years. In any event, we would love to have you
join the amendment now. Mr. Speaker, I make that offer to my friend.
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Massachusetts (Mr. McGovern), who is the great and distinguished
chairman of the Committee on Rules.
Mr. McGOVERN. Mr. Speaker, I thank the gentleman from Maryland (Mr.
Raskin) for yielding me the time, and I thank him for his leadership on
this important issue.
Let me remind my colleagues on the other side of the aisle who are
opposing this legislation that people are watching this debate, and I
know many are scratching their heads wondering what is going on,
because what we are trying to do here is close loopholes that allow
violent criminals to get access to guns, not create more loopholes.
[[Page H2126]]
Mr. Speaker, last Thursday, I spoke at a town hall sponsored by
students at Bancroft High School in Worcester, Massachusetts. Those
young people demanded action on gun violence, not unlike other young
people all across my district and all across this country. They are
terrified, and they are tired of seeing one massacre after another
after another after another. They are sickened by the unacceptable high
rate of gun violence in this country.
We have an obligation to be on their side, not on the side of the gun
lobby.
In fact, most gun owners agree with what we are doing here today.
Ninety-seven percent of gun-owning households support universal
background checks. You don't see support like that on very many things,
but on this issue, the public is speaking loud and clear. The question
is whether Congress is going to listen.
My office has been flooded with calls on this year after year after
year, and I have heard from loved ones of victims killed and from those
injured. I know many of my colleagues can say the same thing. It is
heartbreaking.
Each of us is in a unique position. We can do more than just listen.
We can act. We can actually vote to help save lives.
Sadly, past majorities have turned a deaf ear. In fact, it has been
nearly a decade since the Judiciary Committee held a hearing on a major
bill to combat gun violence. When they were in charge, my Republican
friends on the other side instead held a hearing on a bill that would
have actually brought more guns from out of State into local
communities.
Their indifference on this issue of gun violence, their silence, has
been stunning. But this majority is not satisfied with inaction. We
will not be cowed by the gun lobby.
We are moving legislation, in the case of H.R. 8, that has been in
the works for more than 20 years. The time for inaction is over.
Listen to the young people in your districts. They are not content
with a future where gun violence is the norm. They want and they
deserve better.
Last night in the Rules Committee, my Republican friends tried to
pass exception after exception after exception.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RASKIN. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from Massachusetts (Mr. McGovern).
Mr. McGOVERN. Mr. Speaker, they tried to pass exception after
exception to this universal background check bill, essentially trying
to gut the bill.
Well, this is a modest reform in the right direction. We are trying
to save lives. We are tired of massacres. We are tired of comforting
parents whose loved ones were killed in gun violence. We are tired of
inaction. We are tired of the gun lobby dictating what Congress does
and doesn't pass.
This majority is going to be run by the people of this country, and
the majority of the people of this country overwhelmingly support these
bills.
Mr. Speaker, I urge my colleagues on both sides of the aisle to vote
for this rule and vote for the underlying legislation.
Mrs. LESKO. Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE of California. Mr. Speaker, I thank Congressman Raskin for
yielding and for his tireless leadership.
Mr. Speaker, I rise today in strong support of the rule and H.R. 8,
Congressman Thompson's bipartisan bill that makes gun sale background
checks universal.
This bill is an important step to ensure that individuals who should
not be allowed to purchase a gun are no longer able to purchase a gun.
Since 2014, nearly 400 of my constituents have died by gun violence.
Our community feels their loss every single day. Here are just a few of
their names and tragic stories.
Davon Ellis: Davon was a star football player and an excellent
student at Oakland Tech High School. He was shot and killed while
walking home from school. My nephew was walking with him when he was
gunned down.
Travon Godfrey: Travon was killed in 2016 while sitting in a car with
his friends in front of his home. Every time I think about Travon, my
heart breaks. Travon came to a town meeting that I held on gun violence
in January of 2016.
Sadly, these heartbreaking stories are all too familiar in
communities across the country. More than 30,000 Americans lose their
lives to gun violence each year. Shootings now kill as many Americans
as car accidents, and that is why this bill is so important.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RASKIN. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman.
Ms. LEE of California. Mr. Speaker, I thank the gentleman very much
for yielding me additional time.
Mr. Speaker, this bill is a good first step to ensure that our
background checks are strengthened, that we keep guns out of the wrong
hands, and that we close these loopholes.
Mr. Speaker, we must end this epidemic of gun violence in our
country. This is a national emergency. This bill will save lives, so I
urge my colleagues to vote ``yes'' on the rule and ``yes'' on the bill.
Mrs. LESKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, if we defeat the previous question, I will offer an
amendment to the rule to make my amendment in order, which would allow
domestic violence and sexual assault victims with orders of protection
to be exempt from the gun transfer prohibitions. This amendment
is crucial to saving lives.
As a survivor of domestic violence, I know what it is like to be in
fear for our lives.
This commonsense amendment is clearcut. If you are a victim with an
order of protection, you can borrow a firearm or transfer a firearm to
you. It is important, because victims don't often have the means to
purchase or go pay for a background check.
The Democrats have presented a letter from the National Task Force to
End Sexual and Domestic Violence as a reason for not needing my
amendment. However, with all due respect, the National Task Force does
not speak for every victim, and they certainly do not speak for me. In
fact, they never even contacted me, and I have been an outspoken person
saying I am a survivor of domestic violence since I ran for Congress. I
am also the person who sponsored the amendment to extend the Violence
Against Women Act, yet they have never talked to me or reached out to
my office.
The majority offered a political amendment on domestic violence,
which I have already talked about, which really does not do any good,
because the definitions of imminent danger are not defined, and it will
not be carried out and will not be effective.
Mr. Speaker, I ask unanimous consent to insert the text of my
amendment in the Record, along with extraneous material, immediately
prior to the vote on the previous question.
The SPEAKER pro tempore (Mr. Price of North Carolina). Is there
objection to the request of the gentlewoman from Arizona?
There was no objection.
Mrs. LESKO. Mr. Speaker, in closing, we all want to solve gun
violence in the United States, but H.R. 8 and H.R. 1112 will not solve
the problem.
{time} 1430
As co-chairwoman of the bipartisan Women's Caucus, I am committed to
working across the aisle on solutions we can all agree on. However,
this is not one of them. We can talk about mental health. We can talk
about strengthening the NICS background check system even more. We can
talk about enforcing the laws that are already on the books.
H.R. 8 will turn law-abiding citizens into criminals by making
everyday gun transfers a crime and putting those who seek to protect
themselves in jail for wanting to do so.
H.R. 8 and H.R. 1112 will place an undue burden on citizens who
already have a background check. For instance: security clearance,
global entry, State-issued permits, et cetera.
These pieces of legislation put law-abiding citizens in danger by
disarming them and emboldening criminals. The bad guys never follow the
law. In fact, I believe that this legislation violates the Second
Amendment of the Constitution because it does not prohibit undue fees
for background checks and, thus, some people cannot afford them
[[Page H2127]]
and, thus, not be able to get a gun to defend themselves.
Mr. Speaker, I urge ``no'' on the previous question, ``no'' on the
underlying measure, and I yield back the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, far from trying to turn law-abiding citizens into
criminals, our legislation will save law-abiding citizens from
criminals, simply by expanding the successful Brady law, which has been
in effect for decades now.
The gentlewoman introduces a constitutional argument at the last
minute here, saying that our legislation is unconstitutional because
there may be undue fees imposed. Of course, those are the fees that are
currently imposed under the Brady law, so I am afraid that my friend
has just made an argument for the unconstitutionality of the current
law, which has saved us from more than 3 million felons, fugitives,
mentally unstable people, drug abusers, and undocumented aliens from
acquiring firearms in the country.
Mr. Speaker, our country is a social contract. I know we have got a
lot of young people here today. We are a social contract. If you go
back and read any of the social contracts--there is Thomas Hobbes, John
Locke, or Thomas Jefferson--any of them say, we leave a state of
nature, which is a state of war and a state of violence, in order to
live in a civilized way.
But how civilized is it when tens of thousands of Americans, every
year, are being killed in firearm violence? Every day, another hundred
Americans are killed with guns.
In 2017, the highest level in 40 years, nearly 40,000 Americans died
from gun violence. That is not a civilized state. That is a state of
war. That is a state of violence.
We know what the loopholes are, and we are going to close the
loopholes with our bipartisan legislation, which has support from
Republicans and it has support from Democrats. The public opinion polls
show that more than 95 percent of the American people support what we
are trying to do here--close the gun show loophole, close the private
sale loophole, close the internet loophole--make sure that everybody
who purchases a gun in America is purchasing it only with the universal
comprehensive mental and criminal background check.
We have amendments for the discrete exceptions that are necessary,
including in cases of imminent violence, including rape and sexual
assault via domestic violence. We think that this legislation is
excellent legislation that every Member of Congress should feel proud
voting for.
Mr. Speaker, I submit both H.R. 8, the Bipartisan Background Check
Act, as well as the bill to close the Charleston loophole, so that
criminals are not given guns after 3 days. We are able to delay that
process in the event that more investigation is needed.
Mr. CONNOLLY. Mr. Speaker, I rise today in support of H. Res. 145,
the rule providing for consideration of the Bipartisan Background
Checks Act of 2019 (H.R. 8) and the Enhanced Background Checks Act of
2019 (H.R. 1112).
These critical bills would ensure that there is a comprehensive
background check on every firearm purchase, something that 97 percent
of American voters, including 97 percent of gun-owning households,
support.
H.R. 8 requires background checks on all firearm sales, including
those conducted by unlicensed gun sellers, closing what has become
known as the ``gun show loophole.''
H.R. 1112 closes another loophole in current statute that allows gun
dealers to transfer a firearm after three business days if they have
not received a definitive response from the background check system.
Tragically, this gap became known as the ``Charleston loophole'' when
it contributed to the brutal murder of nine people at the Emanuel
African Methodist Episcopal Church in Charleston in 2015.
Congress must act immediately on the ABCs of gun violence prevention.
A is for Assault Weapons Ban.
B is for Background Checks Reform.
C is for Closing the Gun Show Loophole.
These measures make progress on B and C, and I urge my colleagues to
support them.
The material previously referred to by Mrs. Lesko is as follows:
At the end of the resolution, add the following:
Sec. 4. Notwithstanding any other provision of this
resolution, the amendment printed in section 5 shall be in
order as though printed as the last amendment in part A of
the report of the Committee on Rules accompanying this
resolution if offered by Representative Lesko of Arizona or a
designee. That amendment shall be debatable for 10 minutes
equally divided and controlled by the proponent and an
opponent.
Sec. 5. The amendment referred to in section 4 is as
follows:
Page 3, line 17, strike ``or''.
Page 4, line 15, strike the period and insert ``; or''.
Page 4, after line 15, insert the following:
``(G) a transfer to a victim of domestic violence or sexual
assault who is to be protected under an order of protection
issued by a court of law.''.
Mr. RASKIN. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. LESKO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on ordering the previous question will be followed by 5-
minute votes on:
Adoption of House Resolution 145, if ordered;
Ordering the previous question on House Resolution 144; and
Adoption of House Resolution 144, if ordered.
The vote was taken by electronic device, and there were--yeas 229,
nays 191, not voting 11, as follows:
[Roll No. 90]
YEAS--229
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--191
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
[[Page H2128]]
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kelly (MS)
Kelly (PA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Walberg
Walden
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--11
Bucshon
Cohen
DeFazio
Frankel
Hill (AR)
Katko
King (IA)
Lowey
Smith (WA)
Wagner
Walker
{time} 1458
Messrs. HURD of Texas and WALDEN changed their vote from ``yea'' to
``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. LESKO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 227,
nays 194, not voting 10, as follows:
[Roll No. 91]
YEAS--227
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--194
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kelly (MS)
Kelly (PA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--10
Cohen
DeFazio
Frankel
Fulcher
Hagedorn
Katko
King (IA)
Lowey
Smith (WA)
Wagner
{time} 1510
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________