Anti-gunners Label HR-2640 Passage as a Trojan Horse
January 15, 2008

by Joseph P. Tartaro
Executive Editor

Some like to say that “the enemies of my enemies are my friends.” Others suggest that we can learn from both our enemies and our friends.

These sayings come easily to mind when considering the sudden pre-holiday passage of HR-2640, the National Instant Check System (NICS) Improvement Act, which had been put on hold by Sen. Tom Coburn (R-OK). What passed was not the original bill, but one that included many improvements designed to assuage the fears of Coburn and others who didn’t like the bill as passed earlier by the House. Once those amendments were adopted and the bill passed the Senate, the House concurred less than two hours later. As is common when Congress is rushing to catch a plane home, there were no roll calls. Passage was by voice vote. But that doesn’t mean anyone was trying to hide from passage. Pro-gunners and anti-gunners alike admitted that they voted for passage.

All of which seemed to make serious anti-gunners very unhappy.

The National Rifle Association (NRA), which had been listed as an early supporter of the measure, and which had labored to make the improving amendments, was quick to proudly announce its passage. NRA called it a pro-gun bill.

Anti-gunners, however, were decided split. A Dec. 19 Violence Policy Center (VPC) news release was headlined “Gun lobby hijacks bill intended to improve gun buyer background checks.”

Passage Condemned
That press release reprised comments from leading national anti-gun organizations condemning passage of HR-2640. The anti-gunners warned that the bill intended to improve the records available to the National Instant Check System (NICS), designed to weed out prohibited persons from among prospective gun buyers, would now do far more harm than good.

The VPC said the legislation that passed finally in a record two-hour time span as both houses of Congress rushed to wrap up business hastily before taking a holiday resuscitated “a failed government program that spent millions of dollars annually to allow persons prohibited from buying guns to regain the ability to legally acquire firearms.”

VPC should know. They were the ones responsible for Congress denying funding for “relief of disability” which is authorized by law since 1992 and every year since. Obviously, VPC sees passage of HR-2640 as a threat to their efforts to deny more and more people gun rights throughout their lives.

“The Department of Veterans Affairs (VA) would be required to establish a ‘relief from disability’ program to allow persons now prohibited from possessing a firearm because they have ‘been adjudicated as a mental defective’ or ‘committed to a mental institution’ to apply to have their bar on firearms possession removed,” the VPC whined.

“As a result of the bill, more than 116,000 individuals would be eligible to apply. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) used to run a similar program that, in addition to those with mental disabilities, even allowed felons to apply for ‘relief.’… Under the bill (HR-2640), states would also be required to establish such ‘relief’ programs to restore the gun privileges of those with mental health disabilities in order to be eligible for potential grant money to upgrade records submitted to the NICS,” VPC continued.

Kristen Rand, legislative director of the VPC, said, “This bill was intended to be Congress’ response to the mass shooting at Virginia Tech that left 32 people murdered. But rather than focusing on improving the current laws prohibiting people with certain mental health disabilities from buying guns, the bill is now nothing more than a gun lobby wish list. It will waste millions of taxpayer dollars restoring the gun privileges of persons previously determined to present a danger to themselves or others. Once a solution, the bill is now part of the problem.”

The Dec. 19 VPC press release quoted Josh Horwitz, executive director of the Coalition to Stop Gun Violence, saying, “It is ironic that the gun lobby has coerced the Senate into providing resources to rearm mentally disabled veterans during a time when the VA is struggling to provide adequate mental health care to those in need.”

Then VPC quoted Robyn Thomas, executive director of the Legal Community Against Violence, commenting, “The bill’s original intent, to increase reporting of state records to the NICS database, is an important objective that would improve enforcement of federal laws governing persons prohibited from possessing firearms. The changes made by the gun lobby risk undermining those laws, and we call on the House to have a full debate on the merits of this legislation.”

Possible Hearing
This suggests that the anti-gunners are hoping to push through a 2008 Congressional hearing at which they hope to gut—or at least amend—HR-2640 as passed.

Not all anti-gunners are unhappy with passage of the greatly amended HR-2640. Rep. Carolyn McCarthy (D-NY), one of the co-sponsors of the original HR-2640 which is not what the Senate passed and the House immediately concurred on, hailed passage, as did even Sen. Charles Schumer (D-NY).

The Brady Campaign to Prevent Gun Violence also hailed passage of HR-2640, perhaps feeling that by claiming a victory the anti-gun group’s donors would be inspired to give more money for more gun control efforts.

Some pro-gunners are among those who considered passage of HR-2640 as a defeat for the firearms civil rights cause. Gun Owners of America (GOA) didn’t like it in its original form and suggests that passage of the bill, even with its many improving amendments, is a sell-out to anti-gunners. Another group, the Second Amendment Sisters, immediately called on President Bush to veto it.

But the GOA statement presumes a lot. GOA has issued public statements decrying this legislation.

“The core of the bill’s problems is section 101(c)(1)(C), which makes you a ‘prohibited person’ on the basis of a ‘medical finding of disability,’ so long as a veteran had an ‘opportunity’ for some sort of ‘hearing’ before some ‘lawful authority’ (other than a court). Presumably, this ‘lawful authority’ could even be the psychiatrist himself,” GOA suggested.

Pro-Gun Opposition
GOA, SAS and others—including some close friends—have never liked the background check, whether it was delayed by the original Brady Bill’s five-day waiting period or consummated “instantly” by the dealer’s electronic or phone inquiry from NICS. However, the reality is that the background check has existed for almost ten years, and most pro-gunners will agree that felons and other prohibited persons should not have legal access to firearms. It is not likely to be abandoned.

Admittedly the original NICS system was flawed. States were not required to provide mental health adjudications to the FBI, and only about half of the states actually did. The Virginia Tech mass murders were linked to these “loopholes.”

As Dave Workman’s report beginning on our home page indicates, HR-2640—as amended—makes a lot of significant changes for the better.

As the ancient Roman poet Ovid noted, “We can learn even from our enemies.”

Taking that saying into consideration, the VPC offers us a worthwhile lesson when they said passage of HR-2640 is a “Trojan horse.”

“Much has been made of the bill’s bi-partisan, triangulating support: Democrats! Republicans! The National Rifle Association! The Brady Campaign!,” the VPC snarled.

“Beyond this cheery bon temps, little public attention has been paid to what the bill actually does beyond its title. And that’s because if you start looking at the details of the bill—especially after NRA-backed changes made by Oklahoma Senator Tom Coburn—it becomes clear that the measure is nothing less than a pro-gun Trojan Horse,” said the VPC. “That’s why my organization, the Violence Policy Center, and other national gun control groups, have voiced their strong concerns about the version of the bill that was passed by Congress. Concerns that have been validated by none other than the NRA which, after the bill’s passage issued a press release which crowed.”
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