Hindsight from The New Gun Week February 1, 2000
Gun Show Legislation Expected to Return
by Joseph P. Tartaro,
Executive Editor
I hope you haven't forgotten.
Legislation that seems to involve a hot and heavy battle at one point in time may go away and return months and even years later. The legislative process is a river that doesn't dry up, often involving several congressional sessions before a measure is finally enacted or defeated.
Usually, though, win, lose or draw, a legislative idea may survive for years and years.
The Juvenile Justice bill with all its gun show and magazine ban provisions did not go away when Congress went home for the holidays a few weeks ago. The Senate and House bills that are at odds with each other-plus any compromises anyone has worked out in the conference committee or the backroom-are likely to be on the front burner again-and soon.
When Congress returns to work-about the beginning of February-all of its unfinished business from last year is expected to be back. That includes the Senate Juvenile Justice bill (S-254), with its 72-hour NICS check for private sales at gun shows, the horribly loose definition of gun shows, transfer registration requirements, a tax for NICS checks, a ban on pre-1994 foreign-made high capacity magazines, and restrictions on youth possession of firearms.
The House-passed bill does not target guns, but the House leadership has indicated a willingness to compromise, possibly returning to the milder 24-hour NICS check and better gun show definition offered by Rep. John Dingell (D-MI). The potential exists for inflicting a whole new series of restrictions on law-abiding gunowners. Other gun bills that haven't made it through committees yet, such as the so-called junk gun ban, also remain fodder for legislative action or political campaigning.
"Smart Guns"
In addition, new gun-related measures will be introduced in the second half of the 106th Congress, including President Clinton's request for $10 million to fund research and development of handguns that recognize their rightful owners-so-called smart guns.There are those who claim that neither the Democrats nor the Republicans really want to pass any controversial legislation during this election year. They say that GOP leaders are fearful that if the gun bills pass, the Democrats will be able win votes by parading the appearance of a strong anti-crime position. (Guns equal crime in many voters' minds.)
They also claim the Republicans don't want to have to vote on the gun proposals, because no matter how they vote they fear it could cost them some seats, possibly enough to turn control of Congress back to the Democrats.
Of course, that's exactly what the Democrats want: to be back in the driver's seat again. And many Democrat strategists believe they can win the necessary seats, and maybe retain the White House, by beating up on Republican candidates for being soft on crime, or "in the pocket of the NRA."
On the other hand, another horrible Columbine-style shooting could occur at any time. If it does, you can expect the Administration and Congress to take up and very likely pass some gun control measures.
Strategic ThinkingI frequently hear from people who believe that the uncanny timing of some shootings suggests a conspiracy by the anti-gunners. They put stock in the Hegelian theory that governments create crisis and chaos in order to impose solutions. They cite things like the Reichstag fire in Germany that helped bring the Nazis to power during the 1930s.
But I don't believe in that kind of conspiracy. Instead, I think the anti-gunners merely plan ahead strategically. They know that human nature being what it is, something will happen sometime that will provide impetus for their agenda. They also know how to manipulate public opinion to exploit every opportunity for molding public opinion. They've been engaged in such a propaganda campaign against guns and gunowners for years. The shootings that make the headlines just dovetail with their whole theme.
In addition, you have to bear in mind that the bureaucrats will also be advancing their own agenda, no matter which political party is in power.
Take the Justice Department, for example. The DOJ lawyers and clerks are in a position to constantly lobby Congress and the White House. They provide expertise at hearings and for the media. But, more importantly, they are in a position to stand outside hearing rooms and instantly spin testimony for the media so that even opposition experts are undercut immediately.
All of the cabinet departments are in the same position, including Treasury and Interior, which often impact gunowners and sportsmen. Even the Department of Housing and Urban Development is involved in the gun issue, through the rules it makes for public housing, and now through its threat to have local HUD agencies sue gun manufacturers.
I started with the DOJ as an example and I want to stick with that for a moment. Many readers will recall how the terrorism bill got so much push following the 1993 World Trade Center and 1995 Oklahoma City bombings. That legislation included restrictions on habeas corpus rules involving state and federal courts. What fewer people will remember is that the DOJ lawyers had advanced the proposal long before either of those incidents occurred.
However, when the bombings grabbed the headlines and created the proper mood, the bill was renamed and the public's concern for terrorist attacks provided the grease to move what the DOJ wanted all along.
Habeas corpus crimps the style of prosecutors. Such appeals not only consume a lot of their time, but the habeas writ forces them and the government to a level of review and accountability that they would like to avoid.
When an incident occurs that gives them a better opportunity to get their way, they grab it. And because they are part of the government, people will tend to listen to them and believe what is said.
There are a lot of often hidden aspects to the legislative process. As activists for the right to keep and bear arms, or for any other issue for that matter, we have to study them and realize how they can affect the public debate as well as congressional-or state legislative-votes.
Long ProcessFor instance, we need to bear in mind that legislative proposals often move very slowly. A controversial bill doesn't usually get filed in one month and get passed the next. In fact, the gestation period for legislation is often very, very long.
Take the waiting period idea, for example. It was first proposed in the 1960s. And even after the Reagan assassination attempt in which Jim Brady, Reagan's press secretary, was so severely wounded in 1981, it took another 12 years-and a president who was willing to wheel and deal to get the measure-for the waiting period legislation to be enacted.
Like much legislation that is enacted, the idea had been kicking around for a long time. Naming it the Brady Bill, to commemorate Jim and Sarah Brady's victim status, certainly helped. It also kept reminding people of a high profile crime committed with a handgun.
But it was all a slow process, even with the President and big media pushing hard. Now, many may believe that the advent of the "instant check" has killed the waiting period idea. But that's not so. Just take a look at Clinton's efforts to re-impose a 72-hour waiting period for handgun purchases, even with the NICS check. And look at the 72-hour waiting period for private sales at gun shows that Sen. Frank Lautenberg (D-NJ) wants to impose.
Bad legislative ideas don't just go away. Even good ones frequently take a long time to mature. The legislative process is slower and more complex than most Americans realize.
The New Gun Week is published three times a month by the Second Amendment Foundation (SAF) on the 1st, 10th, and 20th. Hindsight is a commentary written by SAF President and Gun Week Executive Editor Joseph P. Tartaro. This commentary may be reprinted so long as credit is given to the author and the publication. For more information or to subscribe, write Gun Week, PO Box 488, Buffalo, NY 14209, or call 716-885-6408 Monday through Friday 9 a.m. to 5 p.m. EST, or inquire on Compuserve to John Krull, Production manager-JohnSAF@Compuserve.com or gunweeksaf@broadviewnet.netAlso, check out the New Gun Week at http://www.GunWeek.com