Gun Control Background Checks Deal All But Done In Senate Between Manchin, Toomey

Background Checks Breakthrough In Senate
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WASHINGTON -- With hours before gun legislation will get a vote in the Senate, negotiators are close to an elusive compromise over the heart of the bill: expanding background checks on sales.

The compromise, being negotiated between Sens. Joe Manchin (D-W.V.) and Pat Toomey (R-Pa.) was not yet final on Tuesday evening. But as a sign the two sides are close, the senators announced that they would hold a press conference Wednesday at 11 a.m. to announce the compromise.

The contours of the deal are not far from where previous negotiations ended. The bill would expand background checks to all commercial gun transactions, including those that take place at gun shows, according to a source close to negotiations. It would exempt family transfers and gifts or temporary transfers for hunters and sportsmen, though the exact language was still being negotiated. There will be record-keeping for transactions in which a background check takes place, though it remained unclear who would keep those records. The expanded background checks would be done through a federal firearm license holder instead of through an online portal -- a policy win for gun control advocates.

A spokesman for Manchin said that a deal was close, but not final. A spokesman for Toomey said the senators “continue to work on final details but they appear close to a deal.” Another Senate source said the two “have a deal.”

An agreement would represent a major breakthrough in gun control talks. For weeks, Sens. Chuck Schumer (D-N.Y.) and Tom Coburn (R-Okla.) negotiated background check legislation without a breakthrough. Senate Democratic leaders tried to draw out the timeline for those negotiation, even allowing Manchin to try to bring Toomey to the table. But on Tuesday afternoon, Sen. Majority Leader Harry Reid (D-Nev.) announced that he was scheduling a vote on a comprehensive gun control package -- one that included a background check bill -- for Thursday.

A top Senate Democratic aide said Democrats felt “very good about prospects for cloture” on that vote, even without the Manchin-Toomey compromise. That’s because at least eight Senate Republicans indicated on Tuesday that they would allow the bill to pass the first procedural hurdle so that it could be debated and amended.

A deal between Manchin and Toomey finalizing language, however, would dramatically improve the prospects of final passage. The bill, after all, has to clear a 60-vote threshold to leave the debate and amendment period.

As legislative plans stand now, the Manchin-Toomey compromise will come up as an amendment to replace the background bill that has been introduced by Schumer. Reid will consider amendments beyond that, including one to ban the production and sale of certain assault-style weapons and high-capacity magazines. Those will likely fail to achieve the 60-vote threshold. The majority leader will also allow several Republican amendments to be considered, as a condition for getting GOP senators to agree to let the bill go forward.

“In a perfect world, we would make [the package] stronger, but we feel like the bill as-is can reasonably be seen as a significant victory and policy that will have a real impact, according to law enforcement and gun control groups,” the Democratic aide said.

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Before You Go

Obama's Gun Control Proposal Explained
Funds For First Responders(01 of22)
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The Obama administration will call on Congress to provide additional funding to train public and private personnel at schools to respond to active shooter situations. (credit:AP)
Invest In School Safety Strategies(02 of22)
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The Obama administration, through executive action, encourages school districts to use Comprehensive School Safety Grants to purchase school safety equipment, develop and update public safety plans, conduct threat assessments and train "crisis intervention teams" of law enforcement officers to work with the mental health community while responding and assisting students in crisis. (credit:AP)
Money For Safer & Nurturing School Climates(03 of22)
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The Obama administration cites that with technical assistance from the Department of Education, 18,000 schools have already put evidence-based strategies to improve school climate into action. Through executive action, the administration proposes a new $50 million initiative to help 8,000 more schools train teachers and staff to implement these strategies. (credit:AP)
Resources For Youth Who Witness Violence(04 of22)
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To help schools break the cycle of violence, the administration will urge Congress to provide $25 million to offer students mental health services for trauma or anxiety, conflict resolution programs and other school-based violence prevention initiatives. (credit:AP)
Incentives For Schools To Hire Resource Officers(05 of22)
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Under Obama's executive action, the Department of Justice will provide an incentive for police departments that hire officers through COPS Hiring Grants by providing a preference for grant applications that support school resource officers. (credit:AP)
Close Background Check Loopholes(06 of22)
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The Department of Justice will invest $20 million in FY2013 to give states stronger incentives to share information with the background check system. President Obama signed executive action requiring federal agencies to make crucial records available to the background check system and also to ensure that such records are frequently updated. (credit:AP)
Boost Gun Owner Accountability & Responsibility(07 of22)
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President Obama signed an executive action reaffirming his respect for the Second Amendment, but acknowledging that the right to bear arms comes with a responsibility to safely store guns to prevent them from being accidentally or intentionally used to harm others. (credit:AP)
Serious Punishment For Gun Trafficking(08 of22)
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Today, guns can be purchased easily from unlicensed dealers or from "straw purchasers" who pass the required background check, but give the guns to criminals. The Obama administration will include an explicit law against straw purchasing and others who traffic guns, including prosecutions for paperwork violations. (credit:AP)
15,000 Cops On The Street(09 of22)
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The Obama administration recognizes that it is crucial to keep more officers within communities and neighborhoods in order to prevent gun violence. The president calls on Congress to put forth a $4 billion proposal to help keep 15,000 police officers on the streets across the country. (credit:AP)
Assault Weapons Ban(10 of22)
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The federal assault weapons ban that was in place from 1994 to 2004 was a first step, but President Obama acknowledged that manufacturers were able to circumvent the prohibition with cosmetic modifications to their weapons. Obama is pressing Congress to introduce legislation reinstating and expanding the ban to include all assault weapons. (credit:AP)
High-Capacity Magazine Ban(11 of22)
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President Obama will urge Congress to reinstate the prohibition on ammunition magazines holding more than 10 rounds. Shooters at Virginia Tech, Tucson, Ariz., Aurora, Colo., Oak Creek, Wis. and Newtown, Conn. all used magazines that had a capacity of more than 10 rounds, which come standard with many handguns and rifles. (credit:AP)
Remove ATF Restrictions(12 of22)
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The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is required to authorize the importation of dangerous antique weapons that are at least 50 years old. Obama will press Congress to remove restrictions and enable the ATF to ensure that incoming weapons are actually acquired as collectibles and not for putting the weapons in the wrong hands. (credit:AP)
Broader Access To Reports On Lost & Stolen Guns(13 of22)
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Under Obama's executive action, the Department of Justice plans to publish an annual report on lost and stolen guns to ensure data collected by the ATF is available. (credit:Getty Images)
Protect Doctors Who Talk About Guns(14 of22)
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Some have erroneously claimed that language in the Affordable Care Act prohibits doctors from asking patients about guns and gun safety. According to Obama's executive action, the administration will issue guidance clarifying this misconception and reiterating the importance of protecting doctors who have discussions on safe storage of firearms, especially if their patients show signs of certain mental illnesses, have young children or have a mentally ill family member at home. (credit:AP)
Promote Responsible Gun Ownership(15 of22)
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As declared by Obama's executive action, the administration will encourage gun owners to take responsibility for keeping their guns safe through a national campaign promoting common-sense gun safety measures. (credit:AP)
Enhance Gun Tracing Data(16 of22)
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Law enforcement can trace a gun's path from it's manufacturer, the dealer who sold it and its first purchaser. However, not all federal law enforcement agencies require a trace on guns they recover and keep in custody. President Obama signed executive action requiring a trace on all firearms. (credit:AP)
Promote Safe Gun Safety Technology(17 of22)
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The president is directing the attorney general through executive action to work with technology experts to review emerging gun safety technology that helps guard against unauthorized access and use. (credit:AP)
$150 Million For In-School Resources(18 of22)
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The Obama administration is urging Congress to take up a Comprehensive School Safety program that will offer $150 million to school districts and law enforcement agencies to hire resource officers, school psychologists, social workers and counselors. The Department of Justice will also develop a model for schools that use resource officers, including age-appropriate methods for working with students. (credit:DEAN J. KOEPFLER/ THE NEWS TRIBUNE/ AP)
Change School Discipline Practices(19 of22)
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Students who are suspended or expelled are far more likely to repeat a grade, not graduate or become involved in the juvenile justice system. The Obama administration believes effective school discipline policies are critical to addressing school and community crime and violence issues. Under Obama's executive action, the Department of Education will collect and execute best practices on school discipline policies and help schools implement these policies. (credit:AP)
Mental Health Treatment For Youth(20 of22)
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Through partnerships such as the newly proposed Project AWARE (Advancing Wellness and Resilience in Education), President Obama is urging Congress to take up a comprehensive plan to reach 750,000 young people through programs for early detection of mental illness and swift treatment. Project AWARE includes $15 million for training teachers and other adults who interact with youth to detect and respond to mental illness. (credit:AP)
Clarify Mental Health Coverage In Private Insurance Plans(21 of22)
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By executive action, Obama announced a plan to finalize regulations that would require group health plans offering mental health care to cover such services at parity under the Mental Health Parity and Addiction Equity Act of 2008. Additionally, the Affordable Care Act requires all new small group and individual plans to cover mental health and substance abuse services. (credit:AP)
Mental Health Coverage For Medicaid Recipients(22 of22)
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There is some evidence that Medicaid plans do not always meeting mental health parity requirements. In an executive action, the Obama administration issued a letter to state health officials insisting that these plans must comply with mental health parity requirements. (credit:AP)