Mr. Chair, I yield myself such time as I may consume. Today I rise in strong opposition to H.R. 8, the so-called Bipartisan Background Checks Act of 2019. This is bad legislation that fails to make…
Mr. Chair, I yield myself such time as I may consume.
Today I rise in strong opposition to H.R. 8, the so-called Bipartisan Background Checks Act of 2019. This is bad legislation that fails to make anyone safer in any regard.
I have been listening here, sitting on the floor for just the last few minutes and listening to those who came up and were happy about this bill coming forward today, and they mentioned many acts of mass violence and situations that have happened. The sad part about it is they claim this is the answer and the first step. In actuality, it is, at best, a side step, and it may actually be a step backwards and will not do what it is being claimed to do.
All this legislation will do is burden law-abiding citizens wishing to exercise their Second Amendment rights, including defending themselves from the gun-toting criminals this bill does nothing to combat.
H.R. 8 foolishly presumes criminals who flout existing laws will suddenly submit themselves to background checks.
Are Members who support this bill delusional enough to think a criminal trading cocaine to another criminal for a firearm will give consideration to H.R. 8 and go to the nearest gun store to submit to a background check? That is absurd.
Most of us will agree that criminals are not going to do that anyway. My concern is what it actually does in practice to those who are not criminals.
Not only is it foolish to think they will start following the law, it is also foolish to think it is going to in any way make our country safer.
My Democratic friends have exploited every mass shooting, calling for universal background checks, but H.R. 8 would not have stopped a single mass shooting.
These strategies do, however, share one thing in common. Over and over, we see issues of mental health and missed opportunities for authorities to intercede.
Let me just say, Mr. Chair, I share the concern. I am going to share, in just a moment, actual, real things that actually could make a difference in helping to stem the tide of mass violence in our country. But doing this, we have to understand that this bill does not do that, and what may make you feel good may not heal you. That has to be understood.
Look at the recent workplace shooting in Illinois, where the gunman murdered five people. That could have been prevented, but not by H.R. 8. All law enforcement had to do was enforce existing law. The gunman was prohibited from possessing firearms.
In January 2014, he was issued an Illinois firearm owner's identification card. That March, he applied to buy a handgun from a gun dealer. Five days later, he took possession of the gun, having inexplicably passed a background check. That month, he applied for a concealed carry permit. During a background check for the permit, his felony conviction was flagged.
Illinois police revoked his firearm card and sent him a letter telling him to relinquish the firearm. Not surprisingly, the felon did not comply. Had authorities seized the firearm between March 2014 and February 2019, they could have saved five lives.
Aurora, Illinois, is not the only missed opportunity to prevent tragedy. We know about missed opportunities in Parkland; Aurora, Colorado; Sutherland Springs; Virginia Tech; and others.
The common problem here, Mr. Chair, is clear. It is not a lack of background checks.
With H.R. 8, Democrats refuse to acknowledge the human factors leading to these events, but Republicans have a bill to help law enforcement coordinate responses to mental health concerns and other mass violent threat information.
You know what else H.R. 8 doesn't address? The primary ways criminals acquire firearms. Last month, DOJ revealed nearly half of criminals obtained firearms via theft or the black market. The survey also revealed that a mere 0.8 percent of criminals purchased their firearms at gun shows.
If this bill won't prevent mass shootings and address violent crime, what will it do? It will keep law-abiding citizens from protecting themselves. Under this bill, Mr. Chair, a battered woman with a protection order against her abuser who borrows a firearm for self- defense would be a criminal. It would criminalize the selling of a firearm without a background check to someone with a valid permit allowing them to possess, acquire, or carry a firearm. If that person walked into a gun store, they could present that permit and not undergo a NICS check.
On the other hand, there are solutions to prevent mass violence and gun crime. The Mass Violence Prevention Act, which I introduced earlier this week, is one. The MVP Act directly addresses challenges in law enforcement coordination and response. It would reduce the flow of firearms into the black market, and it would bolster law enforcement's ability to prosecute criminals for firearm offenses.
If reducing gun violence, Mr. Chair, is the Democrats' concern, the MVP Act is legislation that we should be considering today, not H.R. 8. Talk to me or my staff about cosponsoring this evidence-based, commonsense legislation. Unlike H.R. 8, the MVP Act could have prevented tragedies such as Parkland.
Unfortunately, Mr. Chair, my Democratic colleagues, by putting this forward and continuing the same narrative, are not actually interested in stopping gun violence. I take the intent to be good; I do not question the motive. All of us in our life do not want to see the tragedies unfold. But this is not the way forward.
This is another thing put out to the very ones who have suffered, telling them we are helping them, while at the same time not telling them the truth about the bill, a bill that guts its own ability to enforce itself, a bill that actually, possibly, would keep people from purchasing firearms because of an unlimited price of a background check.
The question that I have about this bill, Mr. Chair, is not what actually could happen with this. It is what actually will be hurt by this as we move forward.
With that, I believe that we are being misled. The victims of mass violence are being misled by this bill, H.R. 8, because it would not stop what they have been promised that it would stop.
Mr. Chair, for that, I am profoundly sorry. But because of that, I call on my colleagues to reject H.R. 8 and to support real solutions.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, unfortunately, this bill does not narrow--in fact, it continues the process of those who are going to receive guns. Much of the daily toll that we see is actually coming from those who are already violating laws currently on the books. It is time we actually enforce those as well.
Mr. Chair, I yield 2 minutes to the gentleman from California (Mr. McClintock).
Mr. Chair, I remind the Chair that we did pass Fix NICS last year. We did take into account--those things have been done. We just simply are not moving a bill that we don't feel works, and we actually have offered an alternative.
Mr. Chair, I yield 2 minutes to the gentleman from Arizona (Mr. Biggs).
Mr. Chairman, I yield 5 minutes to the gentleman from Colorado (Mr. Buck).
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Florida (Mr. Steube).
Mr. Chair, I agree. I believe facts are important, and I believe the strength to tell that. I believe the chairman just redid that. He exactly explained why this bill will not operate because of the very fact that, inside the bill itself, it does not have a registry, which I will remind the Chair that the Department of Justice under President Obama said a universal background check bill will not work without a registry and is on the websites of many advocates for this bill. That is just one of the areas that we look at as we go forward in realizing that this has already gutted itself when we look at the bill.
Mr. Chair, I yield 3 minutes to the gentleman from Virginia (Mr. Cline).
Mr. Chair, may I request the time for both sides, please.
Mr. Chair, I yield 3 minutes to the gentleman from Minnesota (Mr. Stauber).
Mr. Chair, before I yield to the gentlelady, it has been quoted here, especially, 90 to 95 percent of the people want universal background checks. And everything has statistics, a poll, but when actually put to the voters of Maine, the voters of Maine actually rejected it, and I understand where they are coming from on that.
Mr. Chair, I yield 2 minutes to the gentleman from Nebraska (Mr. Smith).
Mr. Chair, I yield 2 minutes to the gentleman from Alabama (Mr. Byrne).
Mr. Chair, I continue to reserve the balance of my time.
Mr. Chairman, again, I agree with the sentiment that we need to actually fashion something that will work. Unfortunately, this, for many reasons we have already stated, will not.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I appreciate the words of the majority leader. However, I will say that in the previous Congress, this Congress did pass Fix NICS. It also passed the STOP School Violence Act. I am sure, among other reasons, it is probably why the majority leader voted against those bills in which they were included.
I do agree with him. The moments of silence may not have stopped, but it did call upon a higher power to realize that we are fragile human beings involved in tragedies. I will also remind the folks, and Mr. Chairman, yourself, that this bill will also not do what it has many times been promoted for it to do, because any of these mass violence episodes would not have been affected by this bill.
Mr. Chairman, I yield 3 minutes to the gentleman from Louisiana (Mr. Scalise).
Mr. Chairman, I yield the gentleman from Louisiana an additional 30 seconds.
Mr. Chairman, I request of the chairman: Does he have any more speakers at this time?
Mr. Chairman, I reserve the balance of my time.
Announcement by the Chair
Mr. Chairman, is this now the final speaker?
Mr. Chair, I am prepared to close as well.
Mr. Chair, before I close, I would like to say that I agree with the statement from the gentleman just now that there are maybe the ones turned away every day. The problem is there are only 60 a year prosecuted for what is a crime. This doesn't address that.
Mr. Chair, I yield the balance of my time to the gentleman from North Carolina (Mr. Budd), a licensed firearms dealer.
Mr. Chair, I yield back the balance of my time.
Mr. Chairman, I won't take even the 30 seconds. I just support the amendment. I think it is good. Many of the flaws that we have seen in this bill so far, this is an amendment that actually works.
Mr. Chair, I claim time in opposition.
Mr. Chairman, I appreciate the willingness of the amendment, I think, but I rise in that, again, this is something discussed at committee. It was an attempt to--it is basically a failed attempt to fix one of the shortcomings of this legislation.
I understand why they would bring it. I understand why they would want to fix it, because its existence indicates what we have been saying about the flaws in the bill, which we discussed at committee.
Like other floor amendments that are going to be offered, this is nothing more than trying to basically change the appearance of what is a flawed perception. The problem here is it addresses the undefined term of ``imminent'' used in the bill.
Mr. Chairman, it is well known, and I have spoken about it many times, that I am still currently serving as a United States Air Force chaplain. I have pastored for many years, and I have been on the other end of phone calls from those who were struggling and thinking of taking their life.
Suicide is not something that we can define very easily. It is not something that we can simply limit to: Yes, guns are effective. But any method that someone uses to choose to end their life is sad and a struggle for those of us who have dealt with this.
The term ``imminent'' here is problematic for those of us who have dealt with those who are struggling with suicide because imminent to them and imminent to a judge and imminent to someone who wants to take his life, and to law enforcement, indicates something precipitous that will happen in a very short amount of time, a very imminent act, something that is maybe going to happen, Mr. Chairman, even before I finish my speech. That is an imminent kind of act.
Imminent does not extend to 12 hours or 24 hours or even 46 hours. That would not fall under the definition of ``imminent.'' And I am not willing to let a prosecutor or a judge who may not like guns, who would actually say that was an imminent threat, and by transferring it for more than a short amount of time, you have then fallen under and fall under this.
Now, I would hope that would never happen, Mr. Chairman. But we have to be serious about this issue of imminence. For those of us who have dealt with this, there may be, and I have had times when people would come to me and they were thinking about harming themselves, but the imminence factor was not there. They were just trying to see if they could clear their head. It may be a week that would pass, and they came back and would say it was fine.
But in this issue, I understand the intent and the heart here, but it is a very weak attempt to fix problems that we had already pointed out in this bill. And it will still not fix the problem, because the problem is the imminent standard. That is the part that we are struggling with.
We can disagree about this, and I will respect the gentlewoman if she disagrees, and would expect her to. But let's remember, this is carried out, if, say--which I would hope would not happen--this bill actually becomes law. It then will present a problem for those who have to enforce it and those judges who would have to interpret it.
We have to remember that our actions here, we vote on words on paper, not aspirational ideas. Those are happy thoughts, not words on paper. The only thing that the courts can do is vote on words on paper.
I appreciate the gentlewoman bringing this. I support the intent, especially dealing with suicide, which many of us have worked on, and the tragedy that it leaves in the wake of so many. But please understand my opposition to this is it is still a flawed product because we have not dealt with the very issue of imminence in this legislation and this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim the time in opposition to the amendment.
Mr. Chairman, again, I understand the need or want to do this is to make many things that actually came in discussions in our committee about some of the problems that we found here, and the mere submission is another tacit admission that the Democrats understand the flaws in this bill.
Mr. Chairman, it is not something that I am going to relitigate here, but also, when debate is cut short, this is what happens when you get to the floor. When debate is cut short in committee, this is what happens.
They realize that good products were brought up, but yet they chose to push through a bill because they had a timeline.
We went through this in the Rules Committee. I get it. This is what is coming up. But, again, to put this in, ``great bodily harm,'' it is minimally helpful at this point. It goes back to the problem we had with ``imminent'' in the last one.
These are all things, frankly, that could have been--even in a bill that I would disagree with at the end of the day on this--this is, again, not something that is going to fix it. A victim of domestic abuse can live in constant fear of her abuser and feel threatened at all times.
Again, Mr. Chairman, I understand at least the attempt to fix something, because they understand that there were problems and they don't want to make it worse, but I have advocated all along that what this does help, it also hurts. And this is, again, just another attempt to do that.
I appreciate that they are figuring out the problems now; I just would oppose this amendment, because, again, it does not completely fix the problems that we have seen, and would not in the bigger picture.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim the time in opposition to the amendment, even though I am not opposed to it.
Mr. Chairman, again, I am not opposing this amendment, but like the previous amendment, again, it is proof that this bill is still not ready for prime time and should have spent more time instead of moving a very ill-timed previous question because of a timing deadline that they had to get to the floor. It fixes one of the many flaws in the bill.
Again, Republicans had solutions to these loose ends all over the bill, but our debate time was stopped. But I do have just a question here. Although I am not opposing this amendment, it merely adds the exchange between stepparent and their stepchildren.
What about stepsiblings who also love each other dearly? But this doesn't include that. Stepgrandparents and stepgrandchildren? What about foster families or adoptive families?
It is a simple fix that, again, goes forward and, again, struggles.
But I do want to go back and address something, Mr. Chairman, that came up earlier, and it seemed to get an interesting response from my friends across the aisle, my colleague stated that the appropriate fine is $1,000, not $100,000. They cite the U.S. sentencing guidelines for this number, but I do have to remind the chairman that since the Booker decision, of course, the guidelines are only advisory. And we need not look to the advisory guidelines, but look at the statute the bill amends.
Remember, we do not vote on aspirations in this Chamber; we vote on words on paper.
18 USC 924(a)(5) contains the penalty for violating part ``(s) or (t) of section 922 shall be fined under this title, imprisoned for not more than 1 year, or both.''
18 USC 3571(b)(5) ``for a Class A misdemeanor'', which this is, ``that does not result in death, not more than $100,000.''
So it could be $1,000 or it could be up to $100,000.
I appreciate our confusion over this issue, but unfortunately, as I stated before, this is what happens when a bill is rushed to the floor, and it is why we oppose this legislation.
When we understand this, Mr. Chairman, again, you can offer amendments that make Members feel good, but feeling good doesn't heal you and feeling good will not make this better.
I will not oppose this amendment, but, again, I think in just the moments that I have had here, I raised enough questions about this amendment to
take up those very issues that were spoken of about the love between stepparents and stepchildren. What about the stepsiblings? What about the stepgrandparents? That is still part of that device and not addressed in this.
And, again, going back to the issue of the fine: again, the statute and the bill itself are pretty clear; it is fined under this process and not the guidelines that are sentencing.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield myself as much time as I may consume.
Mr. Chairman, again, I appreciate the gentleman bringing it, but as was said, this is an attempt to make a bill that should have been vetted more in committee not be vetted more. And I appreciate that.
I am not going to oppose the amendment, but when I take it a step further, what about the stepparents and the stepsiblings between each other, and the stepgrandparents and stepgrandchildren? I have had a wonderful look at those families. Those are precious families. Why are we just stopping at one?
Again, it goes back to the heart. And I understand the rush to get here, but, again, what makes you feel better and makes you feel good does not always heal you. This is something that needs to be addressed.
Mr. Chair, with this, I am not going to oppose this amendment. It is unfortunately very lacking in a bill that is lacking on many points, but with that, I yield back the balance of my time.
Madam Speaker, I have a motion to recommit at the desk.
I am.
Madam Speaker, this motion to recommit will not kill the bill or send it back to committee. If adopted, the bill will immediately proceed to final passage, as amended.
As was just read, the motion to recommit will notify U.S. Immigration and Customs Enforcement, commonly known as ICE, when an illegal alien who is prohibited from possessing a firearm attempts to purchase a firearm by going through the process of application.
Madam Speaker, I have been here all afternoon, and we have heard time and time again how we have had the problem of mass violence. We have talked about how to solve it, and, unfortunately, this underlying bill, as I have brought out many times already, will not do this. We have heard that we have to do something basically even if it won't work.
Madam Speaker, I will remind this House one more time that what makes you feel good does not always heal you. When we understand that, then we can begin to move forward.
What we have found this day is that this bill has many problems because we chose to rush it to the floor because we had a deadline, and we cut off debate in committee.
We found amendments offered to fix parts of this bill that do not fix them but actually make them worse.
We have found out that the authors of the bill did not even know how much was going to be fined in the bill until we actually pointed it out.
Now we come to the biggest part: I have been here all day listening to: We have to keep criminals from having firearms. We have to keep criminals from having firearms.
I will say it once more, Madam Speaker: We must keep criminals from having firearms.
I am glad to let you know, Madam Speaker, we are now giving everyone in this body a chance to do just that.
A similar measure was promoted. What we are simply saying is that, if you have someone who is a criminal who came into our country illegally--criminal time number one--if they then try to buy or purchase a firearm which they are unable to do, that is the second strike as a criminal, and what we are simply saying is, if they do that, they will be reported to ICE.
Now, which Members in this body are opposed to notifying law enforcement when a person prohibited from purchasing a firearm attempts to do so? Are we against that? No.
I believe my friends across the aisle are not. I have heard it all day: We don't want criminals to have firearms.
But my question to you now, Madam Speaker, is--be very careful. If you vote ``no'' on this motion to recommit, you cannot go back to your constituency, no matter what is said, and say: I voted to keep illegal aliens, those who should not have a firearm, from having a firearm.
We have heard it all day. And you can moan, you can talk, you can think about it, but, again, Madam Speaker, I understand the sympathy and the concern and the pain upon this bill, but let's not kid ourselves. The bill itself guts itself when it will not even allow a registry which the Obama administration said it had.
Let's actually get back to a point in saying, if there is something about this bill, give everybody an opportunity to actually keep a gun out of a criminal's hands and actually have that criminal punished for that by turning them in.
But, Madam Speaker and my colleagues, please listen to me right now. Hear me clearly. Hear me clearly. No matter what will be said in just a moment, no matter what the chairman or anyone else will say about this bill, if you vote ``no,'' you are voting to allow someone who should not have a firearm to get away with it and not be prosecuted for it.
Be very clear, Madam Speaker. You can try and make it look better. You can try and say: ``Well, it was not part of the bill. I have got to have the bill''; but never get away from the fact, Madam Speaker, if you vote ``no'' on this motion to recommit, you are making a choice to say: ``I guess some criminals can get away with trying to get a firearm.''
That is why this motion to recommit needs a ``yes'' vote. This is why we on this side stand for making sure that proper firearm safety is upheld while our rights are being upheld and, at the same time, looking to find real solutions, not perpetrating a fraud on those who are scared simply to pass a piece of legislation.
Madam Speaker, vote ``yes'' on the motion to recommit and actually keep guns out of criminals' hands.
Madam Speaker, I yield back balance of my time.
Madam Speaker, on that I demand the yeas and nays.