The effort led by Connecticut Democrat
Christopher Murphy ended at 2:11 a.m. Thursday
after he announced that Republicans had
committed to scheduling votes on measures
including expanded background checks and barring
suspected terrorists from purchasing weapons.
“We believe we have a commitment to bring
these two votes before the Senate, either this
week or next week,” Murphy said Thursday on
CNN’s “New Day” program.
He earlier said he would stand
“as long as I can” to force consideration of two
gun-related amendments. One would bar purchases
of weapons by anyone on the terrorist watch list
and another would aim to extend background
checks to cover weapons sold at gun shows.
Democrats are pressing Congress to act on
those provisions after a gunman early last
Sunday used an assault rifle and a pistol to
kill 49 people at a gay nightclub in Orlando.
The attack sparked renewed calls for gun-control
measures, such as a ban on assault weapons, that
Republicans have previously opposed.
Republican Support
The move by Democrats came after a few
Republican senators in tough re-election fights
-- Rob Portman of Ohio, Kelly Ayotte of New
Hampshire and Ron Johnson of Wisconsin --
indicated that the Senate should try to agree on
a mechanism to keep guns out of the hands of
suspected terrorists.
“I support the concept” of barring suspected
terrorists “who are legitimately on the watch
list” from getting guns, Portman told
reporters. “There is a consensus around this
place that if you are on a terrorist watch list
you shouldn’t get a gun, so let’s try to figure
it out.”
Ayotte told reporters that she favors
“addressing people who are on the terror watch
list” though it should be done “in a way that
assures there is due process.” Johnson
said Republicans are amenable to discussing the
issue with Democrats, “but they’ve got to be
willing to work with us.”
“Obviously no Republican wants a terrorist to
get access to a firearm, but there has to be
some due process,” said Johnson.
Toomey on the Floor
Pennsylvania Republican Pat Toomey, who’s
also in a competitive race, briefly joined the
Democrats on the floor Wednesday and called for
a compromise between what Democrats have been
demanding and what Republicans have offered in
the past. Toomey has held discussions on writing
a measure to prevent terrorists from obtaining
firearms with a gun control advocacy group
backed by former New York mayor Michael
Bloomberg, founder and majority owner of
Bloomberg News parent Bloomberg LP.
“There’s an opportunity here, guys, to work
together and find the solution,” he said. Later
Wednesday, Toomey said he would introduce a new
bill on Thursday that would allows the attorney
general to create a list of “likely terrorists”
who could be denied the ability to purchase a
gun, with prior judicial review of the list.
But Chuck Schumer of New York, the No. 3
Senate Democrat, said Wednesday afternoon that
“all the compromises” offered so far by
Republicans are “not at all acceptable” to
Democrats. Later in the day, Senate Democratic
Leader Harry Reid of Nevada dismissed Toomey’s
proposal, saying it “would make it more
difficult for law enforcement to keep guns out
of the hands of terrorists.”
Language Unclear
Senator Ben Cardin, a Democrat from Maryland,
said that it was not clear what Republicans
would agree to after they hold a caucus meeting
on Thursday morning. Democrats have not seen any
specific language of measures they would be
allowed to vote on in the Senate, he said.
“What Chris Murphy did yesterday could very
well be a game changer on this,” Cardin said
Thursday on CNN’s “New Day” program. But he
cautioned that “we have to make sure we have a
proposal that can make a difference.”
Murphy said California Democrat Dianne
Feinstein had modified her proposal
to bar suspected terrorists from purchasing guns
to address concerns raised by Republicans, and
that a potential deal could emerge between the
two parties.
Feinstein had told reporters she has
incorporated new language in her proposal that
would cover anyone who had been under
investigation for terrorism in the past five
years before trying to purchase a gun. That
change would have covered Mateen’s gun
purchases, she told reporters.
San Bernardino Shooting
Portman, Ayotte and Johnson were among 53
Republicans who voted in December Feinstein’s
plan. North Dakota Senator Heidi Heitkamp was
the lone Democrat who voted with Republicans to
defeat that amendment. It was offered in the
wake of the Dec. 2 San Bernardino, California,
shooting in which a gunman who pledged
allegiance to Islamic State terrorist group and
his wife killed 14 people and injured 21 others.
The FBI has treated it as an act of terror.
Illinois Senator Mark Kirk, perhaps the most
vulnerable Republican seeking re-election in
November, was the only member of his party to
support that measure.
A spokesman for Majority Leader Mitch
McConnell criticized Democrats for their
extended speeches. Murphy’s effort “prevents the
Senate from processing any amendments, including
amendments he supports, as well as efforts
proposed by Republicans to help prevent
terrorist attacks here at home,” David Popp said
in an e-mailed statement.
Trump, NRA
Presumptive Republican nominee Donald Trump
and the National Rifle Association indicated
Wednesday that a meeting may be in the works to
discuss ways to bar suspected terrorists from
buying firearms.
“We are happy to meet with Donald Trump. The
NRA’s position on this issue has not changed,"
said Chris Cox, a top lobbyist for the group.
“The NRA believes that terrorists should not
be allowed to purchase or possess firearms,
period,” Cox said. “At the same time, due
process protections should be put in place that
allow law-abiding Americans who are wrongly put
on a watch list to be removed.”
Reid said Democrats will push a provision to
empower the attorney general to block firearms
sales if she has a reasonable belief the guns
would be used in a terrorist attack.
Discussing Compromise
Reid told reporters he intends force a vote
on the proposal as an amendment to H.R. 2578,
the legislative vehicle for the Senate’s
Commerce-Justice-Science appropriations bill
that’s being debated this week. He didn’t
specify how he would force consideration of the
gun amendment, but Democrats could extend their
speech-making session into a more formal
filibuster to block advancement of the bill.
McConnell on Tuesday described his conference
as open to considering proposals by FBI Director
James Comey, Homeland Security Secretary Jeh
Johnson and others in law enforcement because
“nobody wants terrorists to have firearms.”
Republicans would “try to work with the
Democrats to try to come up with something
that’s actually a solution,” Majority Whip John
Cornyn of Texas told reporters. But he accused
Democrats of “trying to opportunistically use
this as a way to advance their gun-control
debate rather than solve the problem.”
72-Hour Delay
In December, many Republicans supported an
alternative by Cornyn that would delay the sale
for 72 hours before requiring the Justice
Department to obtain an injunction by convincing
a court that there was probable cause to believe
the would-be purchaser was a suspected or known
terrorist.
Portman said he still prefers Cornyn’s
approach because it affords more “due process”
for people who may be erroneously on a watch
list. Portman said that the Orlando gunman, Omar
Mateen, was not on the FBI’s watch list when he
purchased the guns he used for his slaughter at
the nightclub.
Democrats argue that Cornyn’s proposal would
require the government to meet an unrealistic
standard of proof and could compromise
counter-terrorism investigations.
“The experts that have taken a look at this
have determined that Senator Cornyn’s bill would
do very little” to stop people who are on the
watch list from buying a gun, White House Press
Secretary Josh Earnest said Wednesday.
Terrorist List
Toomey, in his brief floor appearance, said
that Feinstein’s approach “doesn’t provide any
meaningful opportunity to appeal one’s being put
on this list erroneously” and that Cornyn’s
"probably" doesn’t give the attorney general the
opportunity needed “to make the case against
someone who actually is a terrorist.”
Feinstein and Cornyn have been discussing how
to find a compromise between their
approaches. "We want to do it in a way that’s
constitutional," Cornyn spokesman Drew Brandewie
said.
But Schumer said the compromises offered by
Republicans so far are not acceptable because
they still contain "all kinds of hoops and
ladders you have to jump through" to place
someone on the watch list, "which makes the list
virtually untenable."