WASHINGTON, D.C. (WSAU) -- Both Democrats and Republicans are examining different types of gun control legislation. While Democrats support farther-reaching gun control measures, Republicans say they want to keep weapons away from dangerous people without denying law-abiding citizens their Second Amendment rights to bear arms.
Senators Ron Johnson, John Cornyn, James Lankford, and Marco Rubio introduced legislation Thursday to ensure law enforcement has the ability to deny the sale of a gun to anyone on the no-fly list or selectee list. That bill has an amendment proposed by Johnson, which he says adds due process to the gun sales process. "My amendment simply adds due process on the front end, otherwise, it's pretty much identical to what the other Senators on a bipartisan basis were trying to achieve. So please, let's try to continue to work together. Let's try to find those areas of agreement to accomplish the goal of keeping weapons out of the hands of terrorists and would-be terrorists while not giving up our Constitutional right."
The U.S. Senate was debating House Resolution H. R. 2578, which Johnson proposed amending.
Johnson's amendment would give law enforcement additional tools to prevent weapons from being sold to people known to be a danger to Americans. He says that is something they should all support. "Here's something we can all agree on. Nobody in this chamber, no American wants to see weapons transferred to the hands of terrorists or would-be terrorists. We can agree on that."
Under the Johnson amendment, if an individual who is on the no-fly list or selectee list attempts to purchase a weapon, five safeguards would take place. First, the attorney general or designee would have the authority to delay the transfer of a weapon for up to three business days while relevant law enforcement agencies conduct an investigation. Second, federal, state and local law enforcement officials would be notified immediately so they can monitor the situation. Third, A U.S. attorney could temporarily delay the transfer by making an ex parte submission to a court for a hearing based on “reasonable suspicion” that the individual is involved in terrorism. Fourth, A hearing can be held where a judge can permanently block the transfer of the firearm if the U.S. attorney can show there is a “reasonable basis” to block the transfer. Johnson says this would require more than reasonable suspicion but less than probable cause. Fifth, the government can also seek extensions to continue to delay the weapon transfer until the final hearing before a judge.
If the Senate adopts Johnson's amendment, the bill would have to go back to the House of Representatives for approval.
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