Nearly 10 days after a “framework” agreement on additional federal gun laws was reached by a group of 20 members of the United States Senate, the text of the bill was released by Sen. Chris Murphy (D-CT) Tuesday night, and the Senate is currently (as of press time) taking a vote on whether or not to begin debate on the bill – even while analysts are still digesting it.
For those who don’t want to read for themselves or wait for trusted analysts, Murphy posted a tweet thread asking people to “let [him] tell you what it does.”
Here it is, folks – the Bipartisan Safer Communities Act, the most significant piece of anti-gun violence legislation in nearly 30 years.
The bill will save thousands of people’s lives.
1. We have just published the text. Here’s what it does.
— Chris Murphy (@ChrisMurphyCT) June 21, 2022
Pardon us if we’re not going to take Murphy’s word on the bill’s provisions.
According to a cursory reading, here’s what we see that the bill does:
Here is the full text of the bill.
No one opposes students. Teenagers are at greatest risk of attacking classmates. However, they should receive the necessary mental health care in order to avoid a terrible outcome.
But why are we including things like DHHS sharing “best practices for delivering telehealth services” to underserved communities, including billing to Medicare/Medicaid, in a gun control bill? Shouldn’t DHHS be doing that as a matter of course, as a matter of streamlining program delivery?
Why are we including directives to ensure that CHIP and Medicare/Medicaid funding pays for things called for in a student’s Individualized Education Plan (IEP) in a gun control bill? Shouldn’t that already be happening, and if it isn’t, shouldn’t it be part of its own bill?
Why are we including a provision to “ensure ongoing coordination and collaboration between the Department of Health and Human Services and the Department of Education with respect to the provision of, and payment for, assistance under Medicaid by local educational agencies” in a gun control bill?
This was the one that stood out for me.
The Secretary may award grants of $50,000,000 to States in fiscal 2022. This is to help them implement, improve, and expand assistance via school-based institutions under Medicaid/CHIP. Any grant funds may not be used by a State to provide child health aid, medical assistance, or any other type of health service.
Why was the Hyde Amendment so problematic? Were they able to foresee the use of those funds for abortion? Can we be sure that the monies will go to students who are at high risk of violence? It’s not like we don’t know the profile of a school shooter by now.
As a resident of California, where most terrible laws start and are abused, I read the “extreme risk protection orders” section with great concern. Just because the bill says that procedures have to be in place to ensure that one’s due process and other constitutional rights are protected, that one is entitled to counsel at no charge, has the right to confront witnesses, et cetera, et cetera, doesn’t mean that’s what the state-based laws will actually do in practice. A provision at page 34 actually gives it away.
Programs like these must contain: at the proper phase in order to prevent violation of constitutional rightsA minimum of notice and the right for an in-person hearing.
A judge can grant an ex parte order if there is good cause to do so. This means you will not be notified before your rights are taken away. And, because there are no — zero — guidelines in this bill as to what constitutes a trigger for an extreme risk protection order, the US Senate cannot even debate the pros and cons of those triggers.
Late Tuesday, the National Rifle Association released a statement:
NRA supports legislation to improve school security and promote mental health services. We will not support this gun control legislation, as it is inadequate at all levels. This legislation does not address violent crime and places unnecessary burdens upon law-abiding gun owner’s Second Amendment rights.
It is possible to misuse this legislation to limit lawful gun purchase, violate the rights of law-abiding Americans and to use federal dollars for gun control measures that are being approved by local and state politicians. This bill leaves too much discretion in the hands of government officials and also contains undefined and overbroad provisions – inviting interference with our constitutional freedoms.
The Supreme Court of the United States made the following decisions in the HellerAnd McDonaldThe Second Amendment does not restrict individual constitutional rights. This is evident in a number of cases. We will always fight for those freedoms – and the fundamental values we have defended for over 150 years.
It is the US Senate’s blank check for Moms Demand and Everytown. This was signed by Mitch McConnell and a large majority of GOP senators. Given that the 10 GOP senators who are part of this Gang of 20 aren’t up for election this year and many are retiring, it’s certainly within the realm of possibility that McConnell and a number of Republican senators concocted this plan, allowing 10 members who wouldn’t face an angry electorate this November to take the PR hit.
It is imperative that we stop the passing of this horrible bill.
This post was last modified on June 21, 2022 9:02 pm
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