Senate Background Check Talks On Low Heat With Just Weeks Left

Gun Control Talks Stagnate In Background Check Mire
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FILE - In this Jan. 25, 2011 file photo, Sen, Charles Schumer, D-N.Y., left, talks with Sen. Tom Coburn, R-Okla., on Capitol Hill in Washington, during President Barack Obama's State of the Union address in Washington. Should veterans deemed too mentally incompetent to handle their own financial affairs be prevented from buying a gun? The issue, for a time last week, threatened to become the biggest sticking point in a $631 billion defense bill for reshaping a military that is disengaging from a decade of warfare. Coburn sought to amend the bill to stop the Veterans Affairs Department from putting the names of veterans deemed too mentally incompetent to handle their finances into the National Instant Criminal Background Check System, which prohibits them from buying or owning firearms. Schumer, objected, saying the measure would make it easier for veterans with mental illness to own a gun, endangering themselves and others. (AP Photo/Evan Vucci, File)

WASHINGTON -- Negotiations over legislation that would extend background checks for gun buyers are still officially on. But aides on the Hill involved in those conversations said a breakthrough remains far off and discussions are unlikely to get serious for another week or so.

"My guess is after Easter they will all start really talking because then that clock starts clicking," said a source close to negotiations who spoke on condition of anonymity.

The authors of the bill, set to head to the floor of the Senate after the Easter recess, were casting a wider net for potential Republican co-sponsors, according to a report this week. But one of those who reportedly being wooed -- Sen. John McCain (R-Ariz.) -- downplayed the report.

It's "way overblown," said McCain spokesman Brian Rogers in an email. "His position hasn’t changed -– he’ll obviously consider what comes up for a vote, but he’s not part of the negotiations as he’s got a full plate with immigration reform, etc."

Another rumored Republican target, Sen. Dean Heller (R-Nev.) did not return a request for comment about his interest in background check legislation.

That means center stage remains occupied by Sen. Chuck Schumer (D-N.Y.) and Sen. Tom Coburn (R-Okla.). The two had spent weeks trying to find a middle ground on background check legislation before dropping talks. Once the Senate Judiciary Committee passed a placeholder background checks bill to get something to the floor of the Senate, conversations resumed. When Senate Majority Leader Harry Reid (D-Nev.) announced that an expansion of background checks would be in the main gun control bill considered by the chamber, the talks took on additional importance.

But Schumer and Coburn remain at odds over two central issues -- how those checks are conducted, and whether records should be kept of firearms transactions.

Coburn wants new gun sales to use online portals for conducting background checks. Schumer wants a federal firearms license holder to do the work. Coburn doesn't support keeping sales records for private transactions. Schumer has said he sees that as potentially gutting the purpose of the law.

Finding a way around these hurdles isn't easy. Gun control groups don't want to give in on portals lest they open the door to replacing the existing system of licensed federal firearms dealers. Coburn has argued that sellers won't respect the background checks any other way, as sellers will refuse to pay the cost of conducting a check and will conduct business behind the scenes instead.

“We’re going to raise the cost of purchasing at a gun show?” Coburn told CSPAN on Sunday. "I don't think their bill will pass the Senate, and even if it does, it won't pass the House."

The record-keeping fight may be easier to resolve, but not by much. Gun control groups are increasingly willing to limit record-keeping to commercial transactions, exempting personal or family exchanges of weapons. But they don't want to go beyond that, arguing that more exemptions would encourage sellers to skip the background check entirely and make it harder for law enforcement to crack down illegal transactions, including straw purchasers. Coburn has repeatedly said he thinks sales record-keeping is a slippery slope toward a federal gun registry. It would hard for him to move off that perch at this juncture.

"You don't strengthen the bill by adding records, but you do kill the bill," said the source close to negotiations.

The sides still are talking, hopeful that somehow there will be movement before Reid calls for a vote, and cognizant that there are a handful of conservative Democrats in the Senate who have yet to commit.

Unless negotiations get more specific and serious after Easter, gun control may struggle to meet the 60-vote threshold needed for Senate passage.

"What is going on is the reality, and the reality is there is not much going on," one Senate aide said of negotiations. The aide was more diplomatic later in the conversation. "We are using the next two weeks as a critical period for garnering bipartisan support with the hope that a compromise version of the bill can be substituted into the measure that Sen. Reid filed at the end of last week."

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Before You Go

Pivotal Moments In The Federal Gun Control Debate
1981: The Attempted Assassination Of President Ronald Reagan(01 of10)
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on March 30, 1981, President Reagan and three others were shot and wounded in an assassination attempt by John Hinckley, Jr. outside the Washington Hilton Hotel in Washington, D.C. Reagan's press secretary, Jim Brady, was shot in the head. (credit:Ron Edmonds, AP)
1993: The Brady Handgun Violence Act (02 of10)
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The Brady Handgun Violence Act of 1993, signed into law by President Bill Clinton, mandated that federally licensed dealers complete comprehensive background checks on individuals before selling them a gun. The legislation was named for James Brady, who was shot during an attempted assassination of President Ronald Reagan in 1981.
1994: The Violent Crime Control and Law Enforcement Act(03 of10)
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The Violent Crime Control and Law Enforcement Act, signed into law by President Bill Clinton in 1994, instituted a ban on 19 kinds of assault weapons, including Uzis and AK-47s. The crime bill also banned the possession of magazines holding more than ten rounds of ammunition. (An exemption was made for weapons and magazines manufactured prior to the ban.)
2004: Law Banning Magazines Holding More Than Ten Rounds Of Ammunition Expires(04 of10)
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In 2004, ten years after it first became law, Congress allowed a provision banning possession of magazines holding more than ten rounds of ammunition to expire through a sunset provision. Brady Campaign President Paul Helmke told HuffPost that the expiration of this provision meant that Rep. Gabby Giffords's alleged shooter was able to fire off 20-plus shots without reloading (under the former law he would have had only ten).
2007: The U.S. Court of Appeals For The District Of Columbia Rules In Favor Of Dick Heller(05 of10)
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In 2007 The U.S. Court of Appeals for the District of Columbia ruled to allow Dick Heller, a licensed District police officer, to keep a handgun in his home in Washington, D.C. Following that ruling, the defendants petitioned the U.S. Supreme Court to hear the case.
2008: The NICS Improvement Amendments Act(06 of10)
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Following the deadly shooting at Virginia Tech University, Congress passed legislation to require states provide data on mentally unsound individuals to the National Instant Criminal Background Check System, with the aim of halting gun purchases by the mentally ill, and others prohibited from possessing firearms. The bill was signed into law by President George W. Bush in January of 2008.
2008: Supreme Court Strikes Down D.C. Handgun Ban As Unconstitutional(07 of10)
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In June of 2008, the United States Supreme Court upheld the verdict of a lower court ruling the D.C. handgun ban unconstitutional in the landmark case District of Columbia v. Heller.
Gabrielle Giffords And Trayvon Martin Shootings(08 of10)
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Gun control advocates had high hopes that reform efforts would have increased momentum in the wake of two tragic events that rocked the nation.In January of 2011, Jared Loughner opened fire at an event held by Rep. Gabrielle Giffords (D-Ariz.), killing six and injuring 13, including the congresswoman. Resulting attempts to push gun control legislation proved fruitless, with neither proposal even succeeding in gaining a single GOP co-sponsor.More than a year after that shooting, Florida teenager Trayvon Martin was gunned down by George Zimmerman in an event that some believed would bring increased scrutiny on the nation's Stand Your Ground laws. While there has been increasing discussion over the nature of those statutes, lawmakers were quick to concede that they had little faith the event would effectively spur gun control legislation, thanks largely to the National Rifle Association's vast lobbying power.Read more here: (credit:AP)
Colorado Movie Theater Shooting(09 of10)
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In July of 2012, a heavily armed gunman opened fire on theatergoers attending a midnight premiere of the final film of the latest Batman trilogy, killing 12 and wounding scores more.The suspect, James Eagan Holmes, allegedly carried out the act with a number of handguns, as well as an AR-15 assault rifle with a 100-round drum magazine.Some lawmakers used the incident, which took place in a state with some of the laxest gun control laws, to bring forth legislation designed to place increased regulations on access to such weapons, but many observers, citing previous experience, were hesitant to say that they would be able to overcome the power of the National Rifle Association and Washington gun lobby. (credit:AP)
Sikh Temple Shooting(10 of10)
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On August 5, 2012, white supremacist Wade Michael Page opened fire on a Sikhs gathered at a temple in Oak Creek, Wis., killing six and wounding four more before turning the gun on himself. (credit:AP)