jryoung
Well-known member
My buddy summed up the situation quite well.
Pardon my verbiage, I'm having fun with this one.
So while I've heard belly-aching from the President, VP, Legislators, anti-gun NGOs and shockingly the media in a fairly consistent complaint about how unconscionable not passing the bill and subsequent amendments last week.
There are a number of excuses including the power of the gun lobby, Republican's are evil, spineless, soulless, ect., and the ever dreaded, unconstitutional, and antiquated 60-vote requirement for the filibuster.
Let me address the last to the best of my knowledge.
The votes to invoke cloture (overcome a filibuster) were there. The decision to require 60-votes on these bills was made by Senate leadership, i.e. Democrats, in order to avoid floor debate on the bill and subsequent amendments. So when the Manchin-Toomey amendment regarding background checks, for the 11% of firearms purchased face-to-face or at the feared and reviled gun show, failed, the fault lied at the feet of the majority party who made the decision to require additional votes.
So why would Senate leadership opt to avoid floor debate and potential success of opposition party amendments, especially considering Senator Cruz was offering amendments to include mental health indicators to improve the NICS system and solve an issue that may have prevented Aurora and Virginia Tech. Both those shooters purchased their firearms through a FFL with a NICS background check despite both had been flagged by mental health professionals. This is a flaw in the current system, but clearly that amendment by Senator Cruz wouldn't cause Senate leadership to flinch, it's supportive of limiting who can buy firearms.
Well, the Cornyn amendment is likely the primary reason for the 60-vote threshold. This amendment would have created CCW reciprocity. So if you have a CCW permit/license it would be valid in all jurisdictions. Basically, the Senate Democrats derailed their whole gun package over a fear of LICENSED gun-owners.
Just another perspective on what happened. It wasn't arcane procedural rules or the gun lobby or the Republicans, it was a political error made to prevent bipartisan participation and prevent an open debate on the Senate floor.