[Congressional Record Volume 165, Number 149 (Tuesday, September 17, 2019)]
[Senate]
[Pages S5509-S5511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Gun Control Measures

  Mrs. FEINSTEIN. Madam President, to my right is an August 11, 2019, 
cover from the Washington Post. It shows the faces of the 423 people 
killed in mass shootings between the Sandy Hook massacre in 2012 and 
the recent shooting in Dayton, OH. This is more than a third of the 
1,196 people killed in mass shootings since 1966, so shootings have 
grown dramatically in this country. This should not be the face of 
America.
  I think we have got to do much more to stop the plague of gun 
violence that continues to take the lives of the most innocent among 
us, including the 20 small beautiful children who lost their lives that 
December in Newtown. I have their photo at home, and I look at it 
almost every day, and it is indeed a heartbreaker.
  Today, I would like to speak about a few bills that I believe the 
Senate should be voting on right now. Specifically, we should be voting 
on requiring universal background checks, banning assault weapons, 
banning high-capacity magazines, and supporting enactment of extreme 
risk laws.
  The House passed a strong bill on universal background checks that 
has been sitting on Leader McConnell's desk now for more than 200 days. 
According to a Washington Post-ABC News poll, 89 percent of Americans 
support universal background checks, and that includes 83 percent of 
Republicans; yet that bill sits on Leader McConnell's desk.
  We have seen even more lives lost in the last several weeks while 
this bill languishes on the Senate calendar. The shootings in Gilroy, 
Dayton, El Paso, Midland-Odessa took the lives of 41 people, including 
a 6-year-old boy named Steven Romero. A background check could have 
prevented the shooter in Odessa and Midland from getting his gun.
  Unfortunately, he was able to purchase a firearm through a private 
sale that does not require a background check, and still, we wait for a 
vote on this bill to close the gaping loopholes of our background check 
system. Please, Leader McConnell, let us vote on this bill.
  Sadly, what has become all too common is that each of the shootings I 
mentioned involved an assault weapon. The Gilroy shooter used a WASR 
10, which is an AK-47 style semiautomatic weapon. The rifle was 
equipped with a 75-round drum magazine. In this case, the shooter 
intentionally crossed into Nevada to purchase the gun, as the sale of 
assault weapons is banned in California. The Dayton shooter used an 
AM15 assault rifle equipped with a 100-round drum magazine. The El Paso 
shooter also used a WASR 10 rifle, and the shooter in Midland and 
Odessa used an AR-15-style rifle.
  These are weapons of war, plain and simple. Their main function is to 
kill as many people as possible. In fact, in two of these shootings--
Gilroy and Dayton--law enforcement arrived in less than a minute, but 
in that time, dozens of people had been injured or killed.
  I strongly believe that reinstating the Federal ban on assault 
weapons could have saved some of the lives that have been recently 
lost. As the New York Times reported in an op-ed titled, ``That Assault 
Weapons Ban? It Really Did Work,'' data shows that, compared with the 
decade before its adoption, the Federal assault weapons ban, in effect 
from September 1994 through 2004, was associated with a 25-percent drop 
in gun massacres--a massacre is from 6 to 8 people--and a 40-percent 
drop in fatalities from 81 to 49. We need to reinstate the Federal 
assault weapons ban. It worked before, and it will work again.
  We also need to ban high-capacity magazines. My legislation to ban 
assault weapons includes this provision, and there are standalone bills 
as well. Just a few weeks ago, at Northern Police Station in San 
Francisco, I had the opportunity to examine a 100-round magazine 
personally--two rounds that fit on a rifle or a revolver. I couldn't 
believe it, 100 rounds that could be used just round after round after 
round so easily. It is lightweight. It is simple to use. It is 
diabolical. And the only purpose of it is to kill as many people as 
possible as fast as possible.
  Keeping high-capacity magazines out of the hands of mass shooters is 
particularly important because, many times, shootings are only stopped 
when the shooter has to pause and reload. In 2011, the shooter in 
Tucson, who shot then-Congresswoman Gabrielle Giffords, was only 
stopped when bystanders wrestled the shooter to the ground after he 
stopped firing to reload. Civilians have no use for these devices, so 
all they are doing is costing innocent life.
  Finally, the Senate should be considering legislation on extreme risk 
laws. Seventeen States and the District of Columbia already have them. 
These laws allow family members and law enforcement to go to court 
before a judge and get a temporary lawful order to keep a gun out of 
the hands of someone who is dangerous. These orders involve judicial 
findings, presentation of evidence, and court proceedings that protect 
people's due process rights. There is legislation, too. It is called 
the Extreme Risk Protection Order Act of 2019. It would create new 
grants to incentivize States to enact their own extreme risk laws.
  The House Judiciary Committee recently passed companion legislation, 
and polls have shown the majority of Americans support these measures.
  According to the same Washington Post-ABC News poll I mentioned 
earlier, 86 percent of Americans support these measures--86 percent, 
including 85 percent of Republicans.
  I hope Members will listen to this because these are needless deaths 
and

[[Page S5510]]

needless murders. They need not have happened. Simply put, this body 
and the Senate Judiciary Committee should really be taking action today 
to protect against gun violence.
  Last week, the House Judiciary Committee passed three bills that 
would ban high-capacity magazines, would prohibit people convicted of 
hate crimes from possessing firearms, and would incentivize States to 
create extreme risk laws. I am so disappointed our colleagues on the 
other side of the aisle have blocked these commonsense measures for 
years, and I would appeal to them: Please, it is time for us to act. We 
cannot let another mass shooting go by and not take even these simple 
steps.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. COONS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Blackburn). Without objection, it is so 
ordered.
  Mr. COONS. Madam President, I come to the floor to recognize the 
critical moment that is before us as a country. We have an opportunity 
to make real progress on bipartisan gun reforms that will help keep our 
communities safer while respecting our treasured Second Amendment 
rights.
  America's epidemic of gun violence continues to devastate communities 
and families across our Nation. Last month, in just August alone, mass 
shootings in El Paso, in Dayton, and in Odessa claimed the lives of 
more than 50 innocent Americans. Individual Americans, meanwhile, fall 
victim to gun violence every single day. Whether through suicide or 
homicide, they take far too many lives far too early. Just this past 
weekend, four Delawareans in my hometown were shot, and in 2017, up and 
down my home State, 111 Delawareans were killed by firearms. Guns are 
now the third leading cause of death for Delaware's children under age 
17.
  Folks, these are not just numbers; each gun death is a son, a 
daughter, a neighbor, a congregation member, or a friend.
  In a recent meeting with Moms Demand Action in my office in 
Wilmington, I listened to young parents who were confronting for the 
first time the reality of active shooter drills in schools as they sent 
their children to school for the first time and had them come home and 
ask questions about why we as parents could not do more to keep them 
safe in school.
  Viewing this ongoing crisis through the eyes of our children--those 
who are told to be quiet, to hide in a closet, to wait out a moment of 
sheer terror--is a reminder that our children are scared, that our 
families are scared, that our neighbors are scared, and that we can and 
must do more to address this epidemic.
  Some of the most crucial steps we take must be taken at the Federal 
level. Yet, to make progress, the party that controls this body and 
this floor has to join hands with those of us in my party--those 
willing to work across the aisle in a responsible way--and lead. 
Frankly, more than anything else, as has been said by the Republican 
majority leader, President Trump needs to take a clear and firm 
position and stick to it. The American people deserve no less. If this 
body is going to take up and pass gun control legislation, it will 
require our President to lead.
  I think bringing bipartisan bills to the floor here for a vote is a 
great place to start. I want to talk for a few minutes about one of 
those bills that I introduced with Republican Senator Pat Toomey, of 
the neighboring Commonwealth of Pennsylvania, called the NICS Denial 
Notification Act.
  It has a simple objective. For those who are prohibited by law from 
owning a weapon--those who are convicted felons or who have been 
adjudicated mentally ill--but who go to a firearms dealer, fill out the 
background check form, lie on it, and say they are able to buy a gun 
but get denied, get turned down once that NICS background check is run, 
what do you think happens with that information? Where does the 
information go showing that convicted felons are trying to buy weapons 
once they have been denied?
  In my home State, it goes nowhere. In 34 States, it goes nowhere. In 
States across the country, not just in Delaware but in New York, 
Kentucky, and Texas, local law enforcement may never learn about a 
convicted felon who is actively trying to buy a gun and who is often 
committing another offense by lying about it in that attempt. Our bill 
would fix that.
  It requires Federal authorities to alert State law enforcement of any 
background check denial so State authorities can decide whether to 
investigate or to prosecute or to go and pay a visit to someone given 
this important and imminent sign of an intention to engage in criminal 
activity.
  It also requires our Federal Department of Justice to publish an 
annual report with statistics about its prosecution of background check 
denial cases so we in Congress and so folks around the country can 
better enforce our existing gun laws.
  What I hear, time and again in townhalls back home in Delaware, is 
that folks want us to enforce our existing gun laws more thoroughly and 
more wisely, and that is exactly what this proposal would do.
  In Delaware, I have met with and heard from law enforcement leaders 
up and down our State. The chiefs of police from our State police, our 
county police, and our municipal police have uniformly said they would 
welcome the information of those convicted felons in their towns, in 
their counties, or in our State who are trying to get their hands on 
guns.
  At a hearing back in May in the Senate Judiciary Committee, Chairman 
Lindsey Graham said this proposal was a painfully obvious bipartisan 
bill that we should take up and pass. He has committed to me that he 
would like to see it pass committee. There are a lot of other Senators 
who agree, not just Democrats like Senators Duckworth, Jones, and 
Klobuchar but also friends from across the aisle. Senators Perdue, 
Rubio, and Collins have joined in cosponsoring this, and I know there 
are other Senators who are eager or who are willing to join in the days 
ahead. The NICS Denial Notification Act is exactly the sort of 
commonsense, narrowly crafted bipartisan bill that would pass the 
Senate tomorrow if Leader McConnell would bring it to the floor for a 
vote.
  Simply put, bills like this and bills such as we discussed at that 
hearing on the Committee on the Judiciary regarding extreme risk 
protection orders provide an appropriate way for there to be due 
process protections for demonstrably mentally ill individuals who 
threaten harm to others by having their guns removed from them for a 
brief period or for there to be universal background checks, such as 
legislation that advanced in the House 6 months ago on a bipartisan 
basis. These sorts of proposals can help to keep guns away from people 
who should not have them.
  It is clear to me, from poll after poll, survey after survey, and 
tragic story after tragic story, that the American people want us to 
act, and they want us to act on background checks. We should vote on 
the Senate companion to H.R. 8. It is long past time for our leader, 
the majority leader, to join with the majority of the country and put 
that bill on the Senate floor.
  Just last week, the House Committee on the Judiciary passed the Keep 
Americans Safe Act, which would prohibit the high-capacity magazines 
that have been used in so many of these recent, tragic mass shootings. 
If the leader were to bring this to the floor and it were to pass, it, 
along with all of the other bills I just referenced, would help to save 
lives.
  It is my hope that our President will see this moment as an 
opportunity for real leadership and will listen to the majority of 
Americans, the majority of Democrats, the majority of Republicans, and 
the majority of gun owners who would like to see us act in a 
responsible and bipartisan way in order to reduce the easy access 
criminals have to guns and will take an important step forward in 
making our country, our schools, our communities, and our families 
safe.
  What I hear back home in Delaware is that the overwhelming majority 
of Americans are sick and tired of our thoughts and prayers after every 
shooting. They would be so much more

[[Page S5511]]

inspired if we actually took the risk of enacting legislation together. 
I think it is long past time for us to do just that, and I hope we will 
in the days ahead.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BLUNT. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is, Will the Senate advise and consent to the Howery 
nomination?
  Mr. LANKFORD. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander) and the Senator from Kansas (Mr. 
Roberts).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker), 
the Senator from California (Ms. Harris), the Senator from Vermont (Mr. 
Sanders), and the Senator from Massachusetts (Ms. Warren) are 
necessarily absent.
  The PRESIDING OFFICER (Mr. Cassidy). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 62, nays 32, as follows:

                      [Rollcall Vote No. 285 Ex.]

                                YEAS--62

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Coons
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Gardner
     Graham
     Grassley
     Hassan
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Lankford
     Lee
     Manchin
     McConnell
     McSally
     Merkley
     Moran
     Murkowski
     Murphy
     Paul
     Perdue
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Sullivan
     Thune
     Tillis
     Toomey
     Warner
     Wicker
     Young

                                NAYS--32

     Baldwin
     Bennet
     Blumenthal
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Heinrich
     Hirono
     Klobuchar
     Leahy
     Markey
     Menendez
     Murray
     Peters
     Reed
     Rosen
     Schatz
     Schumer
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Whitehouse
     Wyden

                             NOT VOTING--6

     Alexander
     Booker
     Harris
     Roberts
     Sanders
     Warren
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. SULLIVAN. Mr. President, I ask unanimous consent that the 
remaining votes in this series be 10 minutes in length.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________