Mandatory Background Checks At Gun example essay topic

Following the tragedy of April 20, 1999, when Dylan Kleibold and Eric Harris opened fire inside of their high school in Littleton, Colorado killing fifteen people, there is finally an agreement that there clearly needs to be something done about guns. Trent Lott, R-Miss., wanted the senate to debate on new firearm restrictions (Austin 18-3). He chose to use a revised juvenile crime bill (S 254). This bill had eight proposals including a ban on gun sales over the Internet, an increase in the minimum age to own a gun from 18 to 21, and an import ban on ammunition clips that hold a large amount of bullets.

He wanted to stray away from the proposal of holding parents accountable if their child commits a crime with a firearm and the waiting period for gun purchases (Austin 18-5) On May 12, 1999, the Senate defeated the S 254 proposal, but then two days later, used the language. This was adopted by a single vote (Austin 18-5). On this same day, the Senate voted to kill an amendment by Frank Lautenberg, a Democrat from New Jersey, that required background checks for all purchases at gun shows. The Senate also approved by a 53-45 vote, an amendment that allowed private gun sellers to use a national database, offered by Larry E. Craig, a Republican from Idaho (Austin 18-6). However, there was controversy surrounding Craig's amendment, as Gordon H. Smith realized what he had voted for.

He thought that Craig's amendment would be voluntary. He, along with many other senators were extremely mad and therefore forced Craig to use new language to make the background checks mandatory. Then, Democrats thought that his new language was full of loopholes. The new measure passed by only one vote 48-47 (Austin 18-6).

Diane Feinstein, a democrat from California, went on to make an amendment to ban the importation of clips and magazines that could hold more than ten bullets (Austin 18-7) On May 20, 1999, the Senate voted to pass S 254 73-25. This was one month after the school shooting in Littleton, Colorado (Austin 18-8). Also on May 20, 1999, the Senate voted 75-24 to "allow local school officials to discipline federally defined special education students in the same manner as other students when they bring guns or bombs onto school grounds " offered by John Ashcroft. Tom Harkin, a Democrat from Iowa, threatened to filibuster Ashcroft's amendment but did not in the end (Austin 18-10). Republicans wanted to make a change to the current "juvenile Brady". This law bans juveniles who were convicted of violent crimes but were not felons, from purchasing or owning a firearm (Austin 18-7).

The GOP wanted to come up with a package of proposals. Democrats opposed this because they thought it would be so full of loopholes that is would almost be useless. J. Dennis Hastert is mainly responsible for this package which includes mandatory background checks at gun shows, ammunition clip and trigger lock provisions (Austin 18-15). Gun rights activists had a problem with the gun show idea because they felt the background checks would take longer than the actual gun show itself. And, the NRA feels that gun control would not be needed if the lawmakers would just simply enforce the current laws (Gun control vs. Gun Rights).

John D. Dingell came up with an amendment to make any background check be completed within 24 hours as opposed to the then current law of three business days. This was adopted on June 17, 1999 (Austin 18-15). The National Rifle Association (NRA) is often accredited as friends of the Republican party. However, they were not satisfied with some of the proposals.

Republicans felt that they needed to go with popular opinion rather than the NRA's feelings. Christopher Shays from Connecticut, said that", It's clear this marriage between the NRA and the Republican Party must come to an end (Austin 18-16). Chairman Bill McCollum sponsored an amendment that "would have created a number of mandatory minimum sentences and allowed juveniles to be tried as adults in a federal court". This was approved 249-181. This amendment split conservatives and liberals. Liberals thought that it was rather inhumane while conservatives thought of it as a "get tough" approach (Austin 18-17).

On July 24, 1999, Trent Lott wanted to pick up the stalled bill (HR 1501) because it had been stalled for so long. Senator Robert C. Smith opposed this but he agreed to delay his plans to stop this bill. He then threatened to filibuster against any conference report that uses gun control language. Also threatening to mount a filibuster was Charles E. Schumer, a Democrat from New York (Austin 18-18). Democrats and Republicans were split right down the middle on the HR 1501 issue. The only thing that they could agree on was the fact that some of the gun control proposals will be in the final bill and it will not be done quickly (Austin 18-18).

On September 23 and 24, the house voted on two important motions. The first, introduced by Zoe Lofgren, was adopted 305-117. It calls to support language that does not weaken gun control laws, to close loopholes that let criminals buy guns, and strengthen current gun control laws. The second motion adopted 241-167, required that gun dealers do background checks, ban juvenile ownership of assault weapons, "require child safety locks to be sold with handguns", and not allow juvenile felons to own guns (Austin 18-19). On August 5, 1999, many groups sent letters to urge the conferees to " soften the juvenile prosecution provisions". Among the senders were the National Council of Churches, the Children's Defense League and the NAACP (Austin 18-25).

It was decided on November 5, 1999 that HR 1501 would stay on the shelf until next year (Austin 18-26). Currently Tennessee has no Child Access Prevention Law, requires no permit to purchase rifles or shotguns, but does require a waiting period for handguns, requires no registration or licensing to owners. It does however, bar the possession of handguns by juveniles as well as the sale of handguns to juveniles (A State by State... ).

Bibliography

Austin, Jan. Editor. Congressional Quarterly Almanac. 1999 ed.
Congressional Quarterly, Inc. Washington, D.C. 2000.
Gun Control vs. Gun Rights". web index. htm. 04/21/01. "A State by State Look at Gun Laws in the United States". http: // . cnn. com / specials /1998/schools / gun.