10:26 AM 10 Jun 1999
|from:||Jose Cerda III|
|to:||Bruce N. Reed, Elena Kagan, Leanne A. Shimabukuro|
|cc:||Cathy R. Mays, Courtney O. Gregoire|
This is pretty good ... take a look see ... jc3 ---------------------- Forwarded by Jose Cerda III/OPD/EOP on 06/10/99 10:28 AM --------------------------- JANET MURGUIA 06/09/99 10:09:39 PM Record Type: Record To: Broderick Johnson/WHO/EOP, Jose Cerda III/OPD/EOP cc: Subject: side by side DOJ draft. Please review. ---------------------- Forwarded by Janet Murguia/WHO/EOP on 06/09/99 10:08 PM --------------------------- Witzleben Bea L
06/09/99 10:00:28 PM Record Type: Record To: Janet Murguia/WHO/EOP cc: Subject: side by side here it is. -b (matt and joe too!) - side by side re hr 2037 and s254 on gun shows by matt june 9 as revised by bea.wpd Unable to convert ARMS_EXT: [ATTACH.D60)ARMS28487286J.136 to ASCII, The following is a HEX DUMP: FF5750432AOA0000010A02010000000205000000A9320000000200007D75DBC39EC6630297C16A A0424F4AB9FOB296D39245808D82C63847BBBB54E9D14374DA74FA4E409B9C55FBD987A988B77F E36BAD3746F661E8DD668F82DOD24EOEE8CB530033A6D943D4EB5A8AF8CB9D95C97817F5F8DB3B 442E985C13FEA4F9CODEAOF785288E57C95B6E9E6688D5EA55F6C587B2D651BDD4C891764611FA "LAUTENBERG LITE" HOW H.R. 2037 WEAKENS THE SENATE GUN SHOW BILL Hex-Dump Conversion WITH ARTIFICIAL SWEETENERS FOR THE GUN LOBBY HOW S. 254 CLOSES THE HOW H.R. 2037 REOPENS THE WHY IT MAKES A DIFFERENCE. GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE Defines "gun show" to cover all Applies only to events that are both Under H.R. 2037, there would still be lots of events where lots of events where a large number of "sponsored to foster the collecting ... guns are being sold without background checks. Although most guns are for sale. or ... use of firearms" and involve at buyers at these events are law-abiding, these events also attract least 10 firearms vendors, as defined criminals, who could still get guns with no questions asked. Under to include only sellers who have a H.R. 2037, if the event is not "sponsored" for a reason set out in H.R. fixed, assigned, or contracted location. 2037, it would not have checks, no matter how many guns are for sale. And even if it is "sponsored" for the specified reason, there would be no background checks if the event organizers and sellers keep the number of "vendors" below 10. Applies the current Brady Law Changes the Brady Law applied to Under H.R. 2037, felons, fugitives, and other prohibited persons will to all transfers of guns at gun gun shows to reduce the amount of get guns at gun shows, even though they could not get guns at gun shows. time law enforcement has to complete stores. Although more than 70% of all Brady checks are completed the background check from 3 business within minutes, some checks require a few days. Usually, this is days to "72 hours." If the check true because a State court criminal record must be examined which cannot be completed within 72 hours, has not been made available to the instant check system. IfH.R. the sale must be allowed to proceed 2037's 72-hour rule were the rule under the Brady Law's National and all records about the transfer must Instant Check System (NICS), 22% of the people who have been be destroyed. denied guns would have gotten them. And with regard to prohibited people who try to buy guns on Saturday -- when most gun shows occur -- the 72-hour rule would have had even worse effect: 28% of the felons, fugitives, and other prohibited people who have been stopped would have gotten guns. Requires everyone who wants to Does not require that anyone notify H.R. 2037 complicates what is otherwise a very simple rule: if you sell a gun at a gun show to verify sellers of background check intend to sell a gun at a gun show, you must check in with the their identity to the gun show requirements and exempts all gun promoter and be notified of your obligations to have a background promoter, and to be notified that sellers who do not rent a table as a check done on your buyer. they understand they must have "vendor" -- but instead walk around a background check done on selling guns at the gun show -- from their buyer. verifying their identity. GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE Enhances law enforcement's Prevents tracing of all crime guns sold Under H.R. 2037, gun shows remain a safe harbor for criminals, who ability to trace used guns if those through "instant check registrants" at know that law enforcement will be unable to trace used guns bought ~ guns are used in crimes. gun shows and does nothing to and sold at gun shows. ~ ~ improve tracing of used guns sold by licensed dealers. r: ::s Uses existing framework of Adds new layer of bureaucracy to Licensed professional firearms dealers already have experience < federally-licensed firearms federal firearms regulation by ~ filling out the appropriate paperwork and using the NICS, and will ::s <> licensees to do background resurrecting the "special registrants" make entries with fewer errors than non-professionals, assuring more checks on behalf of unlicensed (now called "instant check accurate background checks and crime gun tracing information. sellers at gun shows. registrants") from the repudiated Craig Amendment to the Senate bill. Protects privacy of gun buyers Allows anyone to get an "instant Because H.R. 2037's "registrants" are not professional dealers, they who get their backgrounds check registration" that will allow have fewer incentives to carefully follow the rules concerning the checked by using licensed . them to do background checks and NICS. H.R. 2037 compounds this problem by requiring the professional dealers - who are transfer guns, even if they don't know immediate destruction of NICS records, which will prevent law subject to strict recordkeeping anything about guns or the firearms enforcement from having a means to detect and deter misuse and and inspection - to do business. abuse of the NICS. Under H.R. 2037, law enforcement will not be background checks. able to assure that the registrants are not using the system to run checks on their friends or enemies for purposes completely unrelated to firearms transfers. Does not disturb more than 30 Allows federal gun dealers to ship H.R. 2037 will impede the ability of states to control the flow of guns years of federal law requiring guns directly to unlicensed buyers into their borders by allowing licensees who are unfamiliar with a licensed dealers to sell within across State lines. State's firearms laws to ship guns to private individuals across state their home States only. lines. Requires a background check for Limits background check requirement H.R. 2037 creates a new loophole that allows unlicensed vendors to any gun that is offered for sale, to guns that are offered for sale and offer guns for sale and complete the sale outside the gun show transfer or exchange at a gun accepted for purchase by a buyer. without any background check. show. HOW S. 254 CLOSES THE HOW H.R. 2037 REOPENS THE WHY IT MAKES A DIFFERENCE. GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE Writes into the Brady Law a Opens up the entire instant check H.R. 2037 will prevent the FBI from protecting the privacy and approved transactions must be immediate destruction of records. requirement that records be destroyed immediately, H.R. 2037 will destroyed within 90 days or, if stop the government from detecting and identifying sales of firearms possible, even sooner. to criminals and other misuses of the system - such as background checks run on citizens for ulterior purposes - undermining the entire instant check system. Allows States with instant check Forbids anyone doing background Keeping States in the Brady check system assures the most thorough system to continue to operate checks as points of contact for the background checks, because States often have access to records that under their existing framework. instant check system - even states the federal government cannot access. H.R. 2037 will drive States with their own instant check systems - away from doing background checks. from retaining records or charging a fee. Does not create any new Gives gun sellers and "registrants" at There is no reason to use gun show legislation to decrease the immunities. gun shows potentially sweeping accountability of those who engage in gun transactions. immunity.