Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, there are a number of things that are less than normal procedure tonight, and I want to briefly explain what has gone on here.…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, there are a number of things that are less than normal procedure tonight, and I want to briefly explain what has gone on here.
We have an underlying bill that went through the Government Reform and Oversight Committee that is being offered first. The gentleman from Illinois is correct that that went through unanimously, partly after a contentious hearing and debate. Chairman Waxman and Ranking Member Davis asked if we could just move it without a lot of amendments, move it without contention, because we knew we were coming to the House floor for the major debate tonight.
In this major debate, there will be an amendment offered by Mr. Childers of Mississippi that has been worked out in cooperation, proving that in fact when we try, we can work together, and that Congressman Ross and I had a bill to overturn the D.C. gun ban. The Supreme Court took care of the need for that. The District of Columbia came back and attempted to reinstitute the ban. It became apparent from the discharge petition that the will of this House, the overwhelming majority that signed the brief to the Supreme Court, the overwhelming majority of the Senate signed a brief to the Supreme Court, and it became apparent that this House wanted a vote.
The Democrat leadership, to their credit, worked out with the NRA and the minority a bill that was acceptable to Mr. Ross and myself and those who had been attempting to overturn this. This will be offered in the nature of a substitute tonight. The underlying bill is not what is in contention here. The underlying bill is a stalking horse for the existing law and the debate we will have here is about the existing law.
The fact is that the reason the Supreme Court overturned the existing law is that under existing law if you wanted to protect yourself in your home, you had to have a gun in a
locked cabinet, disassembled, with the bullets in another location. If somebody broke into your house and started firing, you had to go find the key, assemble the gun, find the bullets, put the bullets into the gun and hope your family wasn't dead or you were dead.
The Supreme Court argued that American citizens have a preexisting right to defend themselves, and no city or State has the right to take that away. The critical part of that decision was that a militia is in fact not a military, but the militia are the citizenry itself and have a right to home defense and to self-defense. It supersedes any right of a city to abrogate that right. It supersedes the State's right to abrogate that right. It is a right to self-defense in the United States.
Now, there will be much debate tonight about the process. But let me make a couple of facts extremely clear. Marion Barry once said that the crime rate in the District of Columbia isn't too bad, except for the murders. That is not quite right, because they are actually up in all violent crime, 67 percent, even though the city has declined in population.
Washington, D.C. has been the murder capital of the United States 15 of the last 19 years. It has been in the top three the others. The two cities that have occasionally toppled it from its top rank are Baltimore and Detroit. Both those cities have restrictive laws, in Detroit and in Baltimore as well, hardly making a case that guns do anything to protect people.
In fact, John Stossel on ``20-20'' in some interviews had some interesting points. He talked to a maximum security felon, and the unidentified male prisoner said, ``When you go to rob somebody you don't know,'' speaking as if they are armed, ``if you don't know, it makes it harder to rob them.''
He also talked to another prisoner who said, when they said don't gun laws work, wouldn't that affect your ability to get guns? And he said, ``I am not worried about the government saying I can't carry a gun. I am going to carry a gun anyway.'' This isn't about, to use the classic expression, whether criminals are going to have guns. This is about whether citizens have the right to protect themselves.
The D.C. City Council after the Supreme Court decision came back with a law that basically put variations of the restrictions again that in effect became a replacement for the previous law. In this replacement they said you had to be under imminent danger.
The general interpretation of that meant somebody had to have pulled a gun on you and was possibly firing before you could once again get your gun assembled, find the bullet and all that type of procedure. But imminent danger could possibly have been when they broke into your house, possibly when somebody is coming up a sidewalk with a gun. Quite frankly, it could possibly be in certain neighborhoods that it was so egregious that we felt we had to act. We thought the Supreme Court made it clear, but it was clear D.C. intended to defy it.
Now they are trying to come forward and say just last night, I believe, that they were going to change the law again and that congressional action was unnecessary. On what basis would we at this point trust the second amendment to the D.C. City Council? The Supreme Court said it is a preexisting right to defend yourself, and that is what the debate is going to be about tonight.
I reserve the balance of my time.
Mr. Chairman, I yield myself 30 seconds.
Our attempt to reverse the D.C. gun ban was upheld by the Supreme Court, because, in fact, Detroit hasn't, Indianapolis hasn't, no city in the United States attempted to ban handguns, which 85 percent of American people defend themselves through handguns.
The second amendment is not any more than when the Supreme Court ruled on integration that States could stand in defiance of a court ruling. States, cities, nobody has a right to stand in defiance of a court ruling.
Mr. Chairman, I yield 3 minutes to my colleague and friend from Indiana (Mr. Burton).
Just for the record, the substitute is Mr. Childers', a Democrat's bill, not my bill.
I yield 2 minutes to Mr. Jordan of Ohio.
Mr. Chairman, I yield myself 1 minute.
I want the record to show because I have great respect for the chairman of the Government Reform Committee, but the fact is I had talked to the minority staff about my concerns with some of the language of this bill because I believe it has factual mistakes in it that suggests that actually handguns endanger people rather than protect people.
But I talked to the chairman and to the ranking member, and the hearing that we had had been agreed to by both sides and we went through the process. You specifically told me you will get your vote on the floor and let's not have a fight in committee, so I didn't offer a series of amendments. I certainly had the right, but I chose not to do it.
I yield.
Reclaiming my time, did you not ask me if we could just have the vote and not have a bunch of amendments?
Mr. Chairman, I yield myself an additional minute.
Reclaiming my time, you said can you just offer your substitute, and we knew we were going to have that vote on the floor. But what I said was I had a series of amendments, and in discussion with the majority and the minority, I'm not objecting that I didn't have the right to do it; I certainly had the right to do it. What I am objecting to is we had a process that both sides had roughly agreed that we weren't going to challenge the underlying bill. We keep hearing that the underlying bill passed unanimously. It did not have unanimous support in the committee. If we would have had a forced vote, we would have polarized on this, as we would have on the bill.
We have moved the bill forward, and that was my point. I believe we are having that debate tonight, but it should not be taken by Members of Congress that there was a unanimous vote in support of this bill as opposed to the substitute that is coming from Mr. Childers.
I yield 3 minutes to the gentleman from Connecticut (Mr. Shays), a senior member of the Oversight and Government Reform Committee.
Mr. Chairman, I yield myself 30 seconds.
I want to remind people again not to forget during this debate that Washington, D.C. has been the murder capital of the United States 15 of the last 19 years, and the other four they were in the top three. Let's don't act like what we are doing is making it dangerous in this city.
I yield myself 1 minute.
Article I, section 8, clause 17 of the U.S. Constitution gives Congress the power to ``exercise exclusive legislation in all cases whatsoever over the District.'' That was done by our Founding Fathers.
Two hundred and fifty Congressmen signed the amicus brief that said that they felt the DC gun ban should be overturned. Fifty-five Senators signed the amicus brief that said that the DC gun ban should be overturned because it violated a basic constitutional right and, according to Heller, was a pre-existing right to defend yourself, even without the constitutional question.
This is not about being a City Council. I don't believe, obviously, you could do gun limitations. The Heller case said there can be limitations. But DC came back with, in effect, a total ban all over again. The reason you have to have interstate commerce is, guess what, they passed a new ban, but there's no gun stores with which to get one gun. The Childers amendment, as I understand it, has a temporary ability to get guns elsewhere because there is no way to defend yourself in the District of Columbia because you can't buy a gun and bring it. And that's why that particular clause is in, regardless of the claims contrary, that this is not about being a State government because in fact----
I yield myself an additional minute.
That this isn't about whether or not we're usurping State government powers because the State, there isn't a State. We are, in effect, the State government. Normal cities have a State with which to work a check, and it's not a matter of city.
When it comes to a constitutional right, whether it's freedom of speech, freedom of religion or any basic right, no City Council has a right to take away.
I would be happy to yield.
To answer the gentleman's question very directly, my assumption was, after the Heller case, that my bill was dead and that we would not have to revisit it in Congress. I was outraged by the actions of the District of Columbia, and that led to the process of working with those who signed the brief, including Mr. Childers, who's doing the amendment, Mr. Ross, on your side who had been there to act. I did not believe that the District of Columbia was going to do such an egregious bill that said you had to be in imminent danger that put most of those controls in.
I yield myself an additional 30 seconds.
There is no reason to believe that an action on the eve of legislation in Congress is in good faith by the DC Council.
I yield to the gentleman.
Reclaiming my time, it's Mr. Childers, and obviously the Congressional process has started. I have no faith, that the current is a gimmick, that it will stand.
I yield myself an additional 30 seconds. And thus we are at this point in the process. Obviously, if the DC government enacted legislation that Congress had faith in, that this bill would likely not go through the Senate and be signed by the President. But we are now moving a bill through that had been agreed upon a number of weeks ago, that I believe is necessary, that I don't believe the DC Council acted in good faith. But we shall see.
But the vote's here. We're voting on a Democratic amendment tonight that's been agreed to, that the majority of this House, that the majority of the Senate agrees with, and I think, at this point the United States Congress has lost faith in whether the----
I yield myself an additional 15 seconds.
This Congress has lost faith in the willingness of the District of Columbia to defend the second amendment which is a constitutional right guaranteed by a Supreme Court decision.
I reserve the balance of my time.
I continue to reserve my time.
May I inquire as to the time remaining on both sides?
I yield myself 2 minutes.
We earlier had an exchange with my distinguished colleague and friend from Maryland about whether it was needed for us to pass legislation. Let me read from washingtonpost.com right after the Supreme Court decision.
``Mayor Adrian Fenty and his feisty Attorney General, Peter Nickles, stood on the steps of the Wilson Building this week ostensibly to announce how the District will comply with the Supreme Court's rejection of Washington's ban on handguns. But really, they were delivering very much the opposite message. With only the narrowest of exceptions, we're sticking with our gun ban. Don't like it? Sue us.''
Quote, ``I am pretty confident that the people of the District of Columbia want us to err in the direction of trying to restrict guns,'' Fenty told me, smiling broadly at the suggestion that what he's really trying to do is make it as hard as possible for Washingtonians to keep a loaded gun at home.''
Nickles, the Acting Attorney General said, ``it's clear the Supreme Court didn't intend for you to have a loaded gun around the house.''
Quite frankly, that isn't what the Supreme Court said. The Supreme Court says you have a right to have a handgun in your house to protect yourself; that if this bill was, in fact, just what the D.C. City Council was doing, then it won't harm for us to pass this bill. The only danger is if the City Council really doesn't mean to protect the second amendment.
We have lost faith. Statements like this were outrageous after the Supreme Court decision, and that a coalition in this House, something that's rare, a majority of Members working together on both sides of the aisle, working--and NRA has been spit out of some people's mouth like it's some kind of evil organization. The NRA represents gun owners and people who believe in family protection all over America. I am not ashamed to be proud that I work with the NRA. And there are Members on the Democratic side, Mr. Childers is offering the substitute amendment with the support of the Blue Dogs and we've worked together, 250 Members, 55 in the Senate. And it's made to sound like it's some kind of little minor group that wants to take over the City Council of D.C. It's a majority of America. It's a majority of the House, the majority of the Senate, this administration who say the second amendment should be protected. And just because you live in a city that wants to take it away doesn't give that city the right to take it away.
I reserve the balance of my time.
Mr. Chairman, I yield 4 minutes to my friend and colleague from Georgia (Mr. Broun).
Mr. Chairman, I yield myself 30 seconds.
Mr. Lewis is certainly the most respected advocate for civil rights in this United States Congress. No city has a right to deprive a constitutional right, even if the majority of people in that State or city favor depriving you. I don't know how D.C. could be less safe. It's the murder capital in 15 of the last 19 years since they instituted the gun law, and the other 4 years they were in the top three. They were not before they instituted the gun law.
I reserve the balance of my time.
Does the gentleman have any additional speakers?
Mr. Chairman, I will yield myself the balance of the time.
Anybody watching this debate can feel the passion, and they can see some differences based on where people are from. And can you hear the passion from many of those in the urban cities who are very concerned about the violent crime.
I believe this solution is not only wrong and doesn't work; it's unconstitutional. But I do want to say a few words that we do need to get control of the challenges in our urban areas.
As my friend from Chicago knows well, we've worked together on prisoner re-entry programs; we've worked together on education programs. We need to make sure there are job opportunities. And there are many things we need to do to try to address the problems that the inner cities face.
I do not believe the taking away of the constitutional right to bear arms is the way to go. I don't believe it will work. I believe Washington, D.C. is a model of a gun law not working. And besides that, it happens to be the constitutional right of American citizens to defend themselves.
The Supreme Court ruled clearly. The City of Washington attempted to defy that ruling; 250 Members of Congress, 55 Senators who signed the amicus brief believed that Congress therefore has to step reluctantly in to try to pass this legislation.
I yield back the balance of my time.
I thank the gentleman from Mississippi. And I also want to thank the dean of the House, Chairman Dingell, who has been a hero to gun owners all over America for many years, for his willingness to stand up. And I want to thank our new freshman Member, Mr. Childers, and those who are standing with him, because this is, indeed, a historic night. And unless you're a Member of Congress or somebody who is kind of a political junkie, it's hard to figure out exactly what's happening tonight.
In fact, a discharge petition is something that, when you sign it, basically would turn the House over to the other party. And if you're willing to stand up to your own party, you could force a vote. I know this because, when we first became in the majority, I was one who was often pulled into a side room, threatened that by bringing down a rule or other things that I was going to destroy the party. In fact, sometimes it's your only way to force things. There is a certain number of votes that are allowed on each side to let a bill go through.
But what we're seeing tonight was the courage of some Members on the majority side to stand up and say, look, we want a bill. And as these negotiations move forward, it came to me, as the Republican author, along with Mr. Ross, of the bill to overturn this, of, will you accept somewhat less than the whole, but a bill that actually has a chance to be law.
Now, as a Republican, I could have said, you know, I think we'll let them fight and we'll go into the election with no bill, with no vote in the House, and put those who are so-called Blue Dogs in a real spot. But that isn't the way we should legislate. We have Members who stood up, even in their own party, and said we want to broker an agreement. We had Members on our side, in our leadership, agreeing that we will be willing to negotiate. And we had a Democrat leadership willing to sit down and work it out even though the majority of their party doesn't agree with this, and obviously many of them are passionately upset.
So tonight is a historic debate. Tomorrow will be a historic vote: Will the will of the House be allowed to work its will as it did on campaign finance reform? And I thank the gentleman from Mississippi for his leadership.
I thank the gentleman from Mississippi.
I wanted to clarify for those watching the debate and for the Congressional Record that the one hearing we did have, there were four witnesses. Three of them were Federal witnesses, and Mr. Issa asked each one of them whether the bill that this amendment is amending had any impact on them. All of them said no. They were never asked another question during the hearing, because they weren't relevant to the hearing.
The fourth witness was the police chief of Washington, D.C., and she did have an opinion and doesn't agree, obviously, with this amendment. But she is a political appointee of the mayor, and while it may be her personal view, if she held a view different from the mayor or city council, she would have been removed.
So it was somewhat inaccurate to present that at our hearing, that somehow the witnesses all felt that there was this imminent danger in the Federal sector, because all three of them said the bill had nothing to do whatsoever with their positions.
Parliamentary inquiry, Mr. Chairman.
Does the gentleman from Mississippi have the right to close?