Do Over

Last year, he had been considered the Democrat least likely to vote for any gun safety legislation. But then, Senator Joe Manchin (D-West Virginia) eventually backed a very modest background checks package. And the NRA still conspired to kill it.

But now, he's back. He wants to try expanding background checks again. And he's not alone.

After all, Senator Manchin wasn't the only Senate Democrat who evolved on gun violence. So did Senate Majority Leader Harry Reid. In fact, he went further, way beyond a mere milquetoast background checks compromise. But now, he may be ready to try for those mere milquetoast background checks again.



So what's happened since then? Sunday, for one. Jerad Miller was able to access firearms despite his felony convictions. And now, three innocent people are dead.

What's also happened since then? Well, we've just experienced 74 more school shootings since Newtown. Troutdale just happened to be #74. We don't remember which number Sparks Middle School is.

What else has happened since then? More extremism. More senseless tragedies. More family losses. And even more blood shed.

Now, the only question is: What's changed on Capitol Hill since then? Has Senator Dean Heller (R-NRA) grown a spine yet? Hell, has he sorted out his relationship with Cliven Bundy yet?

We shall find out soon. Last year, Congress put on one of the worst sh*tshows in American history (actually, one of several). Now, they have a chance at a do-over. Will they take it? Or will we have to endure 74 more unnecessary and horrifically bloody tragedies?

The Big Picture

Last month, a number of progressives were furious at Senator Harry Reid (D-Still Searchlight) for leaving the Assault Weapons Ban out of his initial gun safety bill. Many were asking why Senator Reid would "pre-compromise" and water down the bill so quickly. Yesterday, they got their answer when Senator Dean Heller (R-46%) announced not just his intention to vote against Senator Reid's bill, but even the Manchin-Toomey Amendment that would further weaken the bill by limiting its provision on expanding background checks for gun purchases.

Earlier today, Senator Reid delivered a powerful speech on gun safety reform on the Senate floor. He expressed sorrow over the likely demise of his bill. He mourned the lives recently lost to gun violence. And he even made a shocking surprise announcement.

Reid —a moderate Democrat who has a ‘B’ rating from the National Rifle Association —tore into conspiracy theorists who use “shameful scare tactics” to claim that requiring more gun buyers to undergo screenings would lead to the creation of a national gun registry. He argued that the amendment offered by Sens. Joe Manchin (D-WV) and Pat Toomey (R-PA) specifically outlaws a registry “on page 27″ and would strengthen existing prohibitions against federal officials who store the names of gun owners.

“The courage today is to say yes,” Reid said, as he called on his fellow senators to vote their conscience:

"Today our decision will determine the decision of our country. Today I choose to vote my conscience, not only is Harry Reid a United States senator but also a a husband, a father, a grandfather and I hope friend of lots and lots of people, I choose to vote my conscience because, if tragedy strikes again, I’m sorry to say, Mr. President, it will, if innocents are gunned down in a classroom, theater or restaurant, I would have trouble living with myself as a senator, as a husband, a fathers, or grandfather and friend, knowing that I didn’t do everything in my power to prevent that incident." [...]

Reid also announced his support for Sen. Dianne Feinstein’s (D-CA) assault weapons bill, noting that “maintaining law and order is more important than satisfying the conspiracy theorists who believe in black helicopters and false flags.” He made a similar case for Sen. Richard Blumenthal’s (D-CT) high capacity magazine amendment and pointed out that hunters don’t need 30 rounds, as they are already limited in how they can target animals. “Don’t people deserve as much protection as birds?” he asked.

Earlier today, Manchin told reporters that his background check amendment is unlikely to attract the 60 votes it needs for passage and accused the National Rifle Association of spreading misinformation.

The last time the Assault Weapons Ban had a vote on the Senate floor (in 2004), Senator Reid opposed it. He also opposed the original version in the 1994 Crime Bill. So today marks a major change of heart for Senator Reid.

And yes, that's what it is. I've already been seeing accusations of this being some cold, calculated game of charades. Sorry, but I must call bullshit on that.

And I must explain why. Senator Reid has faced harrowing incidents of gun violence in his own life. Yet because of his family's and Nevada's overall storied gun culture, it's been difficult for him to break too far from the NRA.

That began to change in recent months. Senator Reid hasn't forgotten the NRA's refusal to endorse him in 2010. He's witnessed their bizarre, outlandish, and increasingly belligerent reactions to calls for even modest gun safety reform measures. And perhaps most notably, he's been bearing the brunt of their scorched earth campaign to kill a compromise of a compromise. And today, he's witnessing the innocent victims of the Newtown massacre watch in horror & disgust as Congress looks increasingly set to follow the NRA's marching orders & kill this compromise of a compromise.

The “gun rights” forces like to make several arguments about the involvement of the families in this drama. Some like to say it constitutes “emotional bullying” or “using the families” when gun control advocates cite their desires. Rand Paul today accused the Obama administration of using the Newtown families as “props.”

The problem with this, of course, is that these families are doing all of this of their own accord, and if they want to channel their grief into lobbying for gun reform, that’s their right. As for those gun control advocates who cite the family’s desires, the families share the same policy goal as they do,so why shouldn’t they?

Others like to say that the Manchin-Toomey proposal “wouldn’t have done anything to stop Newtown.” But that elides the obvious point that the families are lobbying on this issue because they are hoping to prevent other shootings of innocent people later,in hopes of sparing other families from getting torn apart they way their families have. “I’m not just here for the 26 that died at Sandy Hook,” Nicole Hockley said recently. “If we can make any steps forward to help save lives, then it’s a step worth taking.”

Many Senators stood and applauded when Obama, during his State of the Union Speech, intoned again and again that the Newtown families “deserve a vote.” But it’s not emotional manipulation to refer back to that moment; the families are actually in the Capitol asking for a simple majority vote. They could have gotten one. Senators who will vote No today had the option of voting Yes on the Toomey-Manchin amendment, which requires 60 votes, and then voting No during the simple majority vote on the final package of proposals. These Senators could have justified this by saying they believe Toomey-Manchin deserved a straight up or down vote and shouldn’t be killed by a supermajority requirement.

But these Senators apparently don’t believe this. We’re now learning that a number of them —red state Democrats and purple state Republicans alike —who genuinely seemed undecided on the proposal can’t bring themselves to allow such an up or down vote on it. As the families themselves will witness in person today, a simple majority vote in the United States Senate on expanding background checks —which is supported by over eight in 10 Americans –is apparently not going to happen.

I wholeheartedly believe all of this has been weighing on Senator Harry Reid. And as a result, Reid himself has had a dramatic change of heart on gun safety reform. And Senator Reid may not be alone.



That was Senator Joe Manchin (D-West Virginia) expressing shock and horror over his amendment, one that's meant to weaken Senator Reid's background checks provision and essentially written by other gun industry lobbyists, suddenly being put to death in the Senate. How could something as milquetoast and broadly accepted as his amendments go down in flames like this?

Earlier today, Joan Walsh noted just how much of a milestone today has been.

West Virginia Sen. Joe Manchin had an A rating from the NRA, winning the endorsement of its PAC for his staunch defense of gun rights (and opposition to even sensible gun regulations.) He made national headlines during his 2010 campaign with an ad that featured him shooting a copy of a cap and trade bill with a rifle, proving with one unforgettable image that he loved guns and hated energy regulation.

So it was big news when he decided to hook up with Pennsylvania Republican Sen. Pat Toomey on compromise gun control legislation expanding background checks and closing the so-called gun-show loophole. When Manchin announced that he was working on such measures, the Washington Post’s Greg Sargent said it represented “real movement in the right direction” and might even “give cover to all of the other red state Democrats who are skittish about embracing this common sense step.” Sargent was also encouraged that the NRA darling said he was discussing the measures with the NRA.

But two months later,with a vote on the Manchin-Toomey measures set for Wednesday afternoon, the senator’s work is expected to end in defeat. He admitted as much to NBC News today, and on MSNBC’s “Morning Joe,” he even accused his former political patrons, the NRA, of lying about his legislation. The NRA is claiming that the amendment would “criminalize the private transfer of firearms by private citizens,” Manchin noted, complaining “It is a lie.” The senator pointed out that his measure exempts sales between private individuals from the screening requirement. [...]

[NRA Chief Agent Provocateur Wayne] LaPierre’s seemingly crazy no-compromise strategy actually worked. As Zeff argues: “By effectively shifting the conversation far to the right, he also shifted rightward what constituted a ‘compromise’ in the gun discussion.” Meanwhile, Zeff notes, many gun control advocates abandoned Sen. Dianne Feinstein’s assault weapons ban proposal, which probably never could have been passed, but could have served as a countervailing force to pulling the “compromise” on guns so far to the right. Liberals, by the way, never seem to think that way, preferring to seem “reasonable” from the get-go and to negotiate with themselves.

Still, to look on the bright side, aside from a few stalwarts like the Brady Campaign, the pro-gun control forces had mostly surrendered over the last 10 years. Inspired by Newtown, they engaged with new fervor, and powerful new allies, like deep-pockets Mayor Michael Bloomberg and Tucson massacre survivor Gabby Giffords. Manchin’s “education” by his former NRA friends is the kind of life experience that might bring change. He once believed he was allying with a gun-owners’ lobby; he’s now discovered he was flacking for the gun-manufacturers’ lobby. This experience could change Manchin and other NRA supporters.

Actually, I think it already is. In witnessing both the extreme positions of the NRA and the extreme level of juice the NRA enjoys on Capitol Hill, it's forced many to rethink their loyalty to an organization dedicated to maximizing gun manufacturer's profits at the expense of many Americans' lives. Again, I believe that's what's led to Senator Reid's change of heart. And perhaps there's hope of Senator Manchin and others following along soon.

What's happening in Congress today is simply disgusting. Even with at least some gun safety reform measures attracting majority support, everything may ultimately be filibustered to death anyway. The only "victory" gun safety activists may see this week may be in watching the NRA's lurid poison pill amendments to the bill get filibustered to death as well.

This week may be full of heartbreaking defeat... But it may also be the start of real, positive change. Don't lose sight of the big picture.

Let the "Sausage Making" Continue.

The past two days have been very topsy-turvy on gun safety legislation in Congress. On Monday, pundits were wondering if anything and everything was finally dead. But yesterday, hope sprang again as several Republican Senators (including Nevada's Dean Heller) decided to break an expected filibuster on a motion to proceed (which allows for formal Senate debate and consideration of legislation). And today, a deal has been made on background checks.

Sens. Joe Manchin, D-W.Va., and Patrick Toomey, R-Pa., were expected to announce a background check compromise on Wednesday. Subjecting more firearms purchases to federal background checks has been the chief goal of Obama and gun control supporters, who promote the system as a way to prevent criminals and other risky people from getting the weapons.

After weeks of negotiations, Manchin and Sen. Chuck Schumer, D-N.Y., told reporters late Tuesday that a gun control agreement was close.

The emerging deal would expand required background checks for sales at gun shows and online but exempt transactions like face-to-face, noncommercial purchases, said Senate staffers and lobbyists, who spoke on condition of anonymity to discuss the private talks. Currently, the checks are required only for sales handled through licensed gun dealers.

Though many details of the emerging agreement were unclear, Manchin and Toomey are among their parties’ most conservative members and a deal could make it easier for some hesitant senators to support the background check measure, at least for now. [...]

The gun legislation Reid wants the Senate to debate would extend the background check requirement to nearly all gun sales. Assuming the deal between Manchin and Toomey is completed, Reid would try to replace that language with their agreement once debate begins, a move that would require a vote.

The Manchin-Toomey deal still leaves in place a loophole for "face-to-face, noncommercial purchases" (however that will be allowed to be defined) and possibly other types of private sales, but it looks like this deal will allow for expanded background checks for other gun purchases that are currently exempted from such. But whether they, Senator Chuck Schumer (D-New York), and Senator Mark Kirk (R-Illinois) introduce this as an amendment to the bill or Senator Reid replaces the language himself, it looks like the bill's advocates are ready to accept this deal.

However, there are still some Senators who think even Reid's bill as is doesn't go far enough. We've talked before about Senator Dianne Feinstein (D-California) and her determination to pass a new Assault Weapons Ban to replace and improve upon the one that expired in 2004. Last night, she discussed with Lawrence O'Donnell on MSNBC why she still refuses to give up.

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“If they don’t help me invoke cloture on this bill, we’re going to vote on these things anyway. It might take a little time,” said Reid. “As I’ve said for months now, the American people deserve a vote: on background checks, on federal trafficking, on safety in schools, on the size of clips and yes, assault weapons.”

The Obama administration continues to fight to gain bipartisan support for new gun measures to expand background checks for people buying guns and ban assault-style weapons and high-capacity ammunition magazines.

Sen. Dianne Feinstein, who is leading the charge to revive a ban on military-style assault weapons, told MSNBC that she plans to offer assault weapons bill as an amendment and remains optimistic.

“I have a commitment from the majority leader that I will have a vote and I take him at his word,” Sen. Dianne Feinstein told MSNBC’s Lawrence O’Donnell on Tuesday. “What’s important to me is to dry up the supply of these weapons so that over time they are less apt to fall in the hands of grievance killers, juveniles, people who are mentally disabled and criminals.”

Last month, Reid dropped the controversial restriction on military-style weapons from the bill in order, he said, to save the larger piece of gun reform legislation.

Feinstein said lawmakers must press on: “It’s important to the nation to know where people stand on a matter that’s as important as this.”

As we discussed yesterday, this will be a process. It will take a while. And there will clearly be many amendments. Some amendments will be introduced to weaken the bill, while others will be introduced to strengthen the bill.

But finally, there is a bill. The bill is S 649. And it will likely get its day(s) on the Senate floor.


This has been a long time coming. But now, finally, the "sausage making" on gun safety legislation has begun... And progressed for a change.

Reason for Hope?

In the wake of the violent turn of events last week, there's been talk of finally doing something about the growing gun violence problem. Yet while there's been talk about real action, there's also been speculation over what will actually happen. And today, much of that speculation is swirling around Senate Majority Leader Harry Reid (D-Here).

But as the president lamented last night in Newtown that "we are not doing enough," the question is what Reid will do. He has openly courted the NRA in the past, and when the group offered a no-endorsement in his re-election bid two years ago, his campaign manager touted Reid's gun rights bonafides:

"The NRA’s relationship with Sen. Reid has been long-standing and productive and – unlike for Sharron Angle – they’ve put their money where their mouth is this cycle. Along with their financial support, the declaration of NRA head Wayne LaPierre that Sen. Reid is 'a true champion of the Second Amendment' and that 'no one has been a stronger advocate for responsible gun ownership than him' shows beyond a doubt that the NRA believes Sen. Reid to be a strong advocate for Nevadans’ Second Amendment rights in the US Senate."

That "true champion" comment came from NRA boss Wayne LaPierre at the dedication of the Clark County Shooting Park and Reid is not seen as a friend to gun control advocates, with some accusing him of killing the assault weapons ban in 2004, and his actions after the Colorado shootings this year also were muted.

Even though conventional wisdom says the GOP-controlled House would kill any gun control legislation, nothing is conventional right now, and I wouldn't be surprised to see Reid become an advocate for gun control today.

In the not-so-distant past, Harry Reid felt the need to court the NRA for political survival. And he hasn't been the only Democrat to do so, far from it.

One of the more extreme cases is Senator Joe Manchin (D-West Virginia). And since Manchin hails from a rural Red State that celebrates the "gun culture", he has said quite a few things that have irritated progressives. So no one was expecting him to say this on MSNBC today.



So hope for real action on gun safety may indeed be alive. If even Joe Manchin is suddenly willing to consider (reinstating) an assault weapons ban, perhaps Harry Reid won't be afraid to finally do something.