Here’s what the Senate’s bipartisan gun proposal would do — and what it leaves out
Weeks after a shooting in Uvalde resulted in the deaths of 19 students and two teachers at Robb Elementary, The Senate is working on a proposal to address school safety and firearms nationally.
A bipartisan group of 20 Senators, which includes Sen. John Cornyn (R-Texas), Cory Booker (D-N.J.), Lindsey Graham (R-S.C.) and Joe Manchin (D-W.Va.), released their proposal agreement on Sunday.
“Today, we are announcing a commonsense, bipartisan proposal to protect America’s children, keep our schools safe, and reduce the threat of violence across our country,” the group announced in a statement. “Families are scared, and it is our duty to come together and get something done that will help restore their sense of safety and security in their communities.”
The proposal includes nine points addressing an increase in mental health resources, improved school safety and restricting dangerous criminals from purchasing weapons.
The House passed its version of gun restrictions, the Protecting Our Kids Act, on June 8 in a 223-204 vote.
Here is a look at what the Senate proposal includes.
School Safety
Funding for School Safety Resources
The proposal includes an investment in programs to help institute safety measures in and around primary and secondary schools, support school violence prevention efforts and provide training to school personnel and students.
Firearm restrictions
Clarification of Definition of Federally Licensed Firearms Dealer
This would crack down on criminals who illegally evade licensing requirements when producing or selling a firearm.
Under 21 Enhanced Review Process
This would require an investigative period to review juvenile and mental health records for buyers under 21 years of age, including checks with state databases and local law enforcement.
Penalties for Straw Purchasing
Cracks down on criminals using a third party to purchase guns and illegally giving the weapons to them.
Support for State Crisis Intervention Orders
This would allow states to create and enforce laws to ensure deadly weapons are kept from individuals who a court has determined to be a significant danger to themselves or others.
Protections for Victims of Domestic Violence
Convicted domestic violence abusers and individuals subject to domestic violence restraining orders would be included in the National Instant Criminal Background Check System under this proposal. This would include those who have or have had a continuing relationship of a romantic or intimate nature.
Mental Health Resources
Telehealth Investments
Investments in programs that increase access to mental and behavioral health services for youth and families in crisis remotely.
Investment in Children and Family Mental Health Services
A proposal to nationally expand the community behavioral health center model. One clinic by the National Council for Mental Wellbeing, called Certified Community Behavioral Health Clinic, provides comprehensive mental health care and substance use services. There are over 430 clinics in use across the United States; Texas is one state working toward independent statewide implementation of the clinic.
The proposal also includes major investments to increase access to mental health, suicide prevention programs and other support services available in the community, including crisis and trauma intervention and recovery.
Funding for School-Based Mental Health and Supportive Services
Investments in programs expanding mental health and supportive services in schools. This would include early identification and intervention programs and school based mental health and wrap-around services.
What the proposal doesn’t include
On Monday, Cornyn tweeted a list of rejected proposal ideas which were not included because he said the bill might not get the votes it needs otherwise.
The rejected ideas include:
- Universal background checks
- Mandatory waiting period for all gun sales
- 21 day waiting period for 18-21 year olds
- High capacity magazine ban
- Mandatory safe storage requirements for all firearms
- Licensing requirement for purchasing an assault weapon
- Criminal penalties for negligent storage of firearms in the home
- Low mens rea standard for firearm straw purchasing and trafficking
The bill also does not mention an age restriction on who can purchase a firearm.
Under the Gun Control Act, shotguns, rifles and ammunition may be sold to individuals 18 years of age or older. Some gun control advocates have spoken in favor of raising the age limit to 21 years. The Uvalde gunman bought two AR-style rifles legally just after his 18th birthday and days before the Robb Elementary shooting.
The House passed a gun bill called the Protecting Our Kids Act which does limit the sale or transfer of certain semiautomatic firearms to individuals who are under 21 years of age.
What is the Protecting Our Kids Act?
The Protecting Our Kids Act was passed by the House on June 8 in a 223-204 vote. The bill still needs to make it to the Senate and pass with a majority vote before it can be signed into law.
The bill passed the House in a near party line vote. Five Republicans supported the measure and two Democrats opposed the bill.
Here are some of what the Protecting Our Kids Act includes:
- Establishes new federal criminal offenses for gun trafficking and related conduct
- Establishes a federal statutory framework to regulate guns without serial numbers, also known as “ghost guns”
- Establishes a framework to regulate the storage of firearms on residential premises at the federal, state and tribal levels
- Subjects bump stocks to regulation under federal firearms laws
- Prohibits the import, sale, manufacture, transfer and possession of large capacity ammunition feeding devices.
- Requires the Department of Justice to report on the demographic data of persons who are determined to be ineligible to purchase a firearm based on a background check performed by the national instant criminal background check system.
This story was originally published June 13, 2022 at 11:56 AM.
