Senate Panel Approves Reinstatement of Assault Weapons Ban

By JENNIFER STEINHAUER
Published: March 14, 2013 10 Comments

WASHINGTON — The Senate Judiciary Committee on Thursday approved a measure to reinstate a ban on assault weapons, the first major Congressional vote on the issue since the ban expired in 2004.

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The vote to approve the measure — now ostensibly headed for the full Senate — went firmly along party lines; the 10 Democrats on the committee voted aye, and the 8 Republicans of the committee rejected it. The legislation would also limit the size of ammunition magazines to 10 rounds.

In debating the measure — as well as amendments offered by Senator John Cornyn of Texas designed to chip away its provisions — the committee laid bare the essence and emotions of the debate over how to prevent gun violence and the meaning of the Second Amendment, a fight that is likely to continue on the Senate floor.

The measure, the fourth and most controversial passed by the committee, is almost certain to fail if brought before the entire Senate and has almost zero chance of even receiving a hearing in the House.

“The road is uphill. I fully understand that,” said Senator Dianne Feinstein, Democrat of California, the sponsor of the bill, after its passage in the committee. “My passion comes from what I’ve seen on the streets,” she said, adding, “I cannot get out of my mind trying to find the pulse in someone and putting my fingers in a bullet hole.”

Earlier this week, the panel passed a measure that would expand the use of background checks to private gun sales, and another to renew a grant program to help schools improve security. The committee also approved a measure last week that would make the already illegal practice of buying a gun for someone else who is legally barred from having one — known as a straw purchase — a felony and to increase penalties for the crime. The background check bill is expected to be substituted or amended later by its sponsor, Senator Charles E. Schumer, Democrat of New York, to attract the support of more Republicans.

Mr. Cornyn offered amendments to the bill to create exemptions from the ban, which would prohibit roughly 160 types of firearms from sale and use. “I respect your conviction,” he said to Ms. Feinstein, saying he would be inclined to vote for some sort of enhanced background check bill although he rejected Mr. Schumer’s version on Tuesday. “I hope we continue to work on that and improve it,” he said. He rejected the assault weapons ban, he said, as it would jeopardize the “self-defense rights of law abiding citizens.”

His amendments, which would have allowed female victims of sexual assault, those who had received a protection order and resident of the Southwest border to be exempt from the ban all failed 8 to 10 along party lines.

The most testy exchange occurred between Ms. Feinstein and Senator Ted Cruz of Texas, who challenged Ms. Feinstein on her constitutional knowledge, asking her if she would apply regulations to the First and Fourth Amendments similar to those she seeking on firearm ownership. Ms. Feinstein, who spent much of the hourlong hearing avoiding Mr. Cruz’s gaze, snapped, “I’m not a sixth grader,” and added “Just know I’ve been here a long time.”

The debate over who may obtain weapons, what type and within what limitations goes to the heart of the interpretation of both the Second Amendment and the Supreme Court’s most recent findings on its limitations, which it found existed, without outlining what those specific limitations should be.

http://www.nytimes.com/2013/03/15/us...-ban.html?_r=0