GOP plans replacement proposal as Toomey/Manchin background checks bill nears failure

posted at 8:41 pm on April 16, 2013 by Allahpundit

As of 5:55 p.m. ET, WaPo said there were 53 yeses for T-M (assuming Frank Lautenberg is well enough to cast a vote tomorrow) and just seven undecideds remaining in the Senate. They have McCain listed as one of them, which is almost certainly incorrect, but the other six are legit: Ayotte, Baucus, Begich, Heitkamp, Landrieu, and Pryor. Ayotte, the lone Republican there, could single-handedly kill the bill by walking away (assuming none of the current no’s flips to yes), but better that she stays mum for the time being to make the five Democrats sweat a little. If she can wait them out until one of them joins the filibuster, then Republicans get to say that it was a Dem who finished off Toomey/Manchin. Ayotte won’t wait until the last minute — if the five Dems cave by committing to vote yes, leaving her as the last senator to decide, the media scrutiny of her will be excruciating — but hopefully she’ll at least give Baucus et al. a few hours to see if they’ll pull the plug first.

Is that the end for gun legislation? Not quite, per the Free Beacon:

The Democrat-controlled Senate is set to begin consideration of the Manchin/Toomey amendment Thursday, but a group of GOP senators has quietly drafted a replacement amendment, titled the “Protecting Communities and Preserving the Second Amendment Act of 2013.”…

The bill would establish a high-level federal task force to increase prosecution of gun violence in the country. It would also create a nationwide version of Project Exile, which shifts prosecution of gun crimes from state to federal courts.

Additionally, the act would “reauthorize and improve” the FBI’s National Instant Criminal Background Check System (NICS). Federal courts would be required to submit relevant information to NICS, and it would “ensure relevant mental health records” are submitted by states.

The bill would also “limit the Justice Department’s ability to conduct gun trafficking stings like ‘Operation Fast and Furious.’” Among the sponsors, incidentally: Ted Cruz, Chuck Grassley, and … Kelly Ayotte, which may mean that she’s a no on Toomey/Manchin and already has a new card to play. If you’re annoyed that the GOP would offer its own bill on this subject, don’t be: Ninety percent of the motivation, I assume, is to dare Democrats to vote it down in retaliation for Republicans voting down Reid’s bills. Once it fails, the GOP can cite it as evidence that each party rejected the other’s attempts to keep guns away from crazies. And if it passes, that neutralizes Obama’s 2014 talking point that Republicans won’t lift a finger to improve gun laws; after all, it’ll be the GOP’s bill that will have finally passed Congress and been signed into law — assuming that Obama doesn’t end up vetoing it in annoyance, which would be too funny.

Don’t assume that T-M’s completely finished yet, though. Manchin and Toomey have been busy softening parts of it to try to attract more GOP/Blue Dog votes, and the focus on Boston has given gun-control advocates more time to lobby wary senators. Things could change overnight.


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Why don’t they just write their names on a sheet of paper and call it a bill since they seem to want to just pass something, anything. Call it the Super Gun Safety Bill or something, all the dolt leftists will pee themselves thinking it’s great.

Bishop on April 16, 2013 at 8:46 PM

How about a bill that eliminates “gun free” target zones?

Count to 10 on April 16, 2013 at 8:47 PM

I remember reading about ObamaCare.
One day it was near death. The next day it was revived. The next day it was stuck somewhere. The next day it was on course. The next day it was almost dead. Then the next day it was passed.

JellyToast on April 16, 2013 at 8:47 PM

How about a bill that says we enforce what’s on the books.

Oh, and the text of any proposed legislation may be no longer than the Constitution.

CurtZHP on April 16, 2013 at 8:47 PM

Ayotte has turned out to be an aristocratic deceiving scumhag.

She is not even R, forget TEA party. She’s a McCainian.

Schadenfreude on April 16, 2013 at 8:51 PM

So who had April 16th in the “When will the Mark Sanford campaign implode” pool?

http://www.google.com/hostednews/ap/article/ALeqM5gRju6Z_wmqQQ2PT0rVSwF1vmaOvg

Mark1971 on April 16, 2013 at 8:51 PM

Any bill that, as it’s title, includes the phrase Second Amendment rights protection…… doesn’t.

May T-M go down in defeat and disgrace and the namesake sponsors along with it.

Happy Nomad on April 16, 2013 at 8:55 PM

How about we replace Toomey? Maybe with that muppet, Beaker? He’d look about the same, but he’d make funny sqeaky noises instead of foolish traitorous ones.

ROCnPhilly on April 16, 2013 at 8:56 PM

Here’s an idea: the ‘SECOND AMENDMENT RESTORATION ACT’.

Pork-Chop on April 16, 2013 at 8:56 PM

Why would we want to shift “prosecution of gun crimes from state to federal courts” That’s the last thing I’d want. The Fed Courts are wrecking the country by continuously and systematically overruling the will of the majority. Why not just try all “Gun Crime” cases in New Jersey? Same result. Thanks GOP, but ummmm No Thanks.

Afterseven on April 16, 2013 at 8:57 PM

JellyToast on April 16, 2013 at 8:47 PM

Exactly! That’s why I disagree with playing these things cute. Trying to force the other side to have to cast a tough vote instead of filibuster, etc. When you have the opportunity to kill a bad bill, put a stake through it’s heart.

KCB on April 16, 2013 at 8:58 PM

Call it the Super Gun Safety Bill or something, all the dolt leftists will pee themselves thinking it’s great.

Bishop on April 16, 2013 at 8:46 PM

Exactly. Call it the Save Teh Children Cuz NRA Are Meanies bill. Inside the bill says: Do nothing.

John the Libertarian on April 16, 2013 at 9:01 PM

O/T Pat Summerall has passed away.

Cindy Munford on April 16, 2013 at 9:03 PM

“Gun Ownership Protection Act”

Axe on April 16, 2013 at 9:04 PM

I’d like recipricosity rules on CCW. I need a lawyer out here to know where I can drive State to State. Give me that, I’d take federal prosecution for falsifying info on a federal form.

You can start with mark kelly, super-cosmonaut.

wolly4321 on April 16, 2013 at 9:05 PM

Why would we want to shift “prosecution of gun crimes from state to federal courts” That’s the last thing I’d want. The Fed Courts are wrecking the country by continuously and systematically overruling the will of the majority. Why not just try all “Gun Crime” cases in New Jersey? Same result. Thanks GOP, but ummmm No Thanks.

Afterseven on April 16, 2013 at 8:57 PM

Indeed! Where does one get his fair trial by a jury of his peers? Being sent to a Fed Court in another State diminishes your right to yet another right – speedy trial by a jury of peers.

I hate these POS GOPe. They’re stabbing us not just in the back but all over with a thousand small pricks, each successively eroding all of our rights.

BOR? What Constitution? You only get the rights we give you /GOPe

AH_C on April 16, 2013 at 9:07 PM

All of their proposals increase federal power, oddly enough.

claudius on April 16, 2013 at 9:07 PM

It would also create a nationwide version of Project Exile, which shifts prosecution of gun crimes from state to federal courts.

What? Mandatory 5 years in federal prison for “illegal possession” of a firearm? And the feds get to decide what “illegal possession” is? Since we know we have a DOJ and executive branch that wants to make ALL possession illegal, this seems very, very dangerous to law-abiding gun owners. It will allow them to make felons out of people who make simple mistakes, like taking guns over a state line while relocating, or having one unloaded in the trunk when you pick your kid up at school, or forgetting your concealed carry permit. These would all result in a “zero tolerance” mandatory 5 years in federal prison. Imagine the ways the federal govt. would use technical violations of the law to harass and imprison law-abiding gun owners – especially if they also happen to be vocal 2nd Amendment advocates! More federal power to attack law-abiding gun owners? No thanks. I can see where that is going to go, even if the NRA can’t.

Rational Thought on April 16, 2013 at 9:08 PM

Why replace? How ’bout about they demand that Obama and the dims just enforce the laws already on the books?
I forgot-it’s the GOP.

annoyinglittletwerp on April 16, 2013 at 9:08 PM

No wonder they have a 4:00PM vote scheduled for tommorrow,
in a Ram Through attempt!

More: US Senate will vote Wednesday at 4 pm on the bipartisan proposal to expand background checks on firearm purchases – @politico

1 hour ago by editor

canopfor on April 16, 2013 at 9:09 PM

If Cruz is on board with this newest nonsense, then his star will fade a bit for me.

annoyinglittletwerp on April 16, 2013 at 9:10 PM

I’m so glad Toomey and Manchin are so identified with this turd now. What idiots. Looking forward to seeing them both lose their next elections. They’re even being mocked on SNL.

Also, from the NYT article AP linked to:

“I hope a few unreasonable extremists will not try to prevent an up-or-down vote on this legislation with a filibuster,” Senator Harry Reid of Nevada

Got that? If you abide by the law (the Constitution) you are an “unreasonable extremist.”

How does this scumbag loser stay in office??

WhatSlushfund on April 16, 2013 at 9:10 PM

Kelly Ayotte is a northeastern feminist. I don’t trust her farther than I could throw her, with Chris Christie latched onto her back.

I’m not exactly a fan of 70% of the GOP response bill either. How about just a bill limiting the Justice Department’s gun trafficking and leave it at that? Or better yet, how about an expanded investigation of this administration for the dozens of existing laws they’ve already broken in that regard?

Gingotts on April 16, 2013 at 9:11 PM

“American Three-Round Magazine Protection Act”

Axe on April 16, 2013 at 9:12 PM

And if it passes, that neutralizes Obama’s 2014 talking point that Republicans won’t lift a finger to improve gun laws; after all, it’ll be the GOP’s bill that will have finally passed Congress and been signed into law — assuming that Obama doesn’t end up vetoing it in annoyance, which would be too funny.

Neutralizing talking points. Yeah. Definitely what I’d like to see my representatives shooting for.

“Lose the battle. Lose the country. But whatever you do, Goddammit, you bring me back the head of one the enemy’s talking points!”

That is exactly how a loser thinks.

Which reminds me… What’s Bart Stupak been up to?

ROCnPhilly on April 16, 2013 at 9:16 PM

“The 2nd Amendment means what it says.”

The undersigned

catmman on April 16, 2013 at 9:18 PM

Oh, and lookee here:

The Missouri Highway Patrol provided a spreadsheet of names of people with Conceal Carry Weapons permits to the federal government as part of a joint venture with the Social Security Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, according to documents provided by the Missouri Department of Revenue in response to a State Senate subpoena.

So the GOP wants to shift all “illegal possession” of firearms prosecutions to the feds — the same feds who HATE the very idea of CCW permits. Why do they want the names of those law-abiding citizens? Fishing expedition for technical violations of the law so they can lock them up in federal prison for 5 years? You betcha. Gotta make criminals out of all law-abiding gun owners. It’s the only way they’ll realize their dream of total confiscation. Thanks, GOP, for helping that along.

Rational Thought on April 16, 2013 at 9:19 PM

The Let’s Find Out Who Gave Mexican Drug Lords Automatic Weapons Paid by the American Taxpayer Bill?

trs on April 16, 2013 at 9:22 PM

Which reminds me… What’s Bart Stupak been up to?

Hiding in the Upper Peninsula of Michigan apparently contemplating a run for Governor. What’s particularly funny is that they are trying to decide if his pro-life stand will hurt his candidacy. Pro-life?

http://www.mlive.com/politics/index.ssf/2013/03/can_a_democrat_from_michigans.html

worldtvlr on April 16, 2013 at 9:25 PM

worldtvlr on April 16, 2013 at 9:25 PM

Which is really funny, because his pro life “stand” was less a “stand” and more a “pose”.

ROCnPhilly on April 16, 2013 at 9:29 PM

What in this bill is any better for gun owners than existing conditions?

arnold ziffel on April 16, 2013 at 9:32 PM

“stand” was . . . more a “pose”.

ROCnPhilly on April 16, 2013 at 9:29 PM

Totally making off with that, you know. :)

Axe on April 16, 2013 at 9:32 PM

What does Professor Ayers think???

redguy on April 16, 2013 at 9:38 PM

Axe on April 16, 2013 at 9:32 PM

With the current GOP in congress and so many bills coming up, it should come in handy, for sure.

ROCnPhilly on April 16, 2013 at 9:41 PM

Perchance, might they all go on vacation, again?
Say, an extended vacation?
‘Cause we’re all better off when they do.

Just sayin’.

RedCrow on April 16, 2013 at 9:48 PM

Manchin and Toomey have been busy softening parts of it to try to attract more GOP/Blue Dog votes,

The Manchin-Toomey proposal of S. 649 is a colossal mess, and the proof is they are already trying to fix the darn thing. These two understand nothing about firearms or gun owners. Their idea of “softening parts” of the amendment is by creating an even more ambiguous law by adding exemptions for those who live in rural areas (ironically anti-gunners normally call these exemptions “loopholes.”)

Vote this thing down. It’s just a rush to pass something to make themselves feel good. If you haven’t called or emailed these on-the-fence Senators – do it now.

dugan on April 16, 2013 at 9:56 PM

Oh, and the text of any proposed legislation may be no longer than the Constitution.

CurtZHP on April 16, 2013 at 8:47 PM

I like it, but the text would probably consist primarily of “the Secretary / Department / Agency shall write regulations” sort of thing.

AesopFan on April 16, 2013 at 10:03 PM

What in this bill is any better for gun owners than existing conditions?

arnold ziffel on April 16, 2013 at 9:32 PM

Substitute Americans and you can use this for any proposed legislation.

AesopFan on April 16, 2013 at 10:04 PM

It would also create a nationwide version of Project Exile, which shifts prosecution of gun crimes from state to federal courts.

What? Mandatory 5 years in federal prison for “illegal possession” of a firearm? And the feds get to decide what “illegal possession” is? … More federal power to attack law-abiding gun owners? No thanks. I can see where that is going to go, even if the NRA can’t.

Rational Thought on April 16, 2013 at 9:08 PM

So the GOP wants to shift all “illegal possession” of firearms prosecutions to the feds — the same feds who HATE the very idea of CCW permits. Why do they want the names of those law-abiding citizens? Fishing expedition for technical violations of the law so they can lock them up in federal prison for 5 years? You betcha. Gotta make criminals out of all law-abiding gun owners. It’s the only way they’ll realize their dream of total confiscation. Thanks, GOP, for helping that along.

Rational Thought on April 16, 2013 at 9:19 PM

Exactly.
NY is already trolling medical records looking for “violations” of its newest laws.

AesopFan on April 16, 2013 at 10:08 PM

And they won’t be unless the guberment is interested in targeting a specific individual for their crimes in general. Think Al Capone.

NotCoach on April 16, 2013 at 10:04 PM

From the “use tax” post in the headlines.
DOJ / ATF won’t be any more reticent than IRS if it has a mandate.

AesopFan on April 16, 2013 at 10:11 PM

So Kay HAGan (D-NC) has gone full-tilt liberal out in the open with it and everything. You know what to do, North Carolina

SouthernGent on April 16, 2013 at 10:18 PM

Toomer and Munchkin need to turn their attention to the Crisis of pressure cookers. Does anyone really need them? they should be banned.

james23 on April 16, 2013 at 10:40 PM

Well, maybe, just maybe, if TM fails, the Rs win either way – what a change! I called – “No, on TM” just “no”.

I’ve got my cc – my name was processed through a background check as are millions of others. We do NOT need another background check law, period. It already exists.

MN J on April 16, 2013 at 11:02 PM

Can anyone say ‘Cornhusker Kickback’?

It ain’t over til its over. -Yogi

reddevil on April 16, 2013 at 11:21 PM

If it goes through it will be known as the “Toomey/ Manchin Infringement Act” and they will be the “former senators” from Pennsylvania and West Virginia. What a way to go! Trading your reputation for a tyrannical bill that will not solve any gun violence problem.

virgo on April 17, 2013 at 12:32 AM

And of course nothing that Sarah Palin said would have any effect on the gop….

http://www.breitbart.com/Big-Government/2013/04/15/Palin-Levin-We-Won-t-Support-Any-Lawmaker-Who-Votes-for-More-Gun-Control

Palin, Levin Won’t Support Any Lawmaker Who Votes for Gun Control

by Tony Lee 16 Apr 2013, 2:17 PM PDT

On Monday, former Republican vice presidential nominee Sarah Palin and conservative talk radio host Mark Levin said they would not support any politician who backs bills like the Schumer-Manchin-Toomey gun registry bill that would put more limits on the Second Amendment.

Palin, in a Facebook post, said, “the latest gun control bill should be filibustered and defeated.” She declared she “will not support politicians who support any more limits on our Second Amendment rights.”

Levin immediately agreed with Palin, saying he would join her in not supporting politicians who favor more gun control.

“I join Sarah Palin – I won’t support any member of Congress who votes for more gun control laws,” Levin wrote in a Monday Facebook post later in the day.

Palin also linked to a report that explained why the Obama-backed gun registry bill, which is sponsored by Sens. Chuck Schumer (D-NY), Pat Toomey (R-PA), and Joe Manchin (D-WV), would: increase government power over private gun transactions by potentially turning American citizens into felons for selling a firearm without performing a background check; create a path to a national gun registry; raise privacy concerns over the patient-doctor relationship; and cause increased lawsuits against gun owners while not decreasing crime.

As The Hill noted, for the the Schumer-Manchin-Toomey gun registry bill to pass, at least five Republicans would have to support it; 55 Senators caucus with Democrats, and two Democrats voted against allowing the bill to proceed last week.

Palin 2016

ChuckTX on April 17, 2013 at 12:52 AM

Palin 2016

ChuckTX on April 17, 2013 at 12:52 AM

For senator-not for president.

annoyinglittletwerp on April 17, 2013 at 1:06 AM

We are going to have this same fight again if this Immigration deal passes. Rest assure, the GOP is now an enemy of this Republic. The introduction of 20 millon new voters will destroy the 2nd amendment. Onward to world power and globalization.

I hate these people!

jjnco73 on April 17, 2013 at 1:22 AM

They’re demoralized as hell boys, ride right through ‘em! Now isn’t the time to think we’ve won. It must be a route. They can’t be allowed to think they got within an inch of victory so they aren’t tempted to try again.

dczombie on April 17, 2013 at 11:26 AM

Clearly this needs to be a 2,000 page bill with one tiny amendment somewhere that completely repeals Obamacare.

No one reads the bills anyway. No one will notice until after the Bamster signs it.

Chris of Rights on April 17, 2013 at 1:43 PM