Senate Democrats Tuesday dodged questions on when, or if, they would consider President Biden’s proposal to ban “assault weapons” and high-capacity magazines, which would likely fail to pass without the elimination of the filibuster.
Senate Majority Leader Chuck Schumer said the Senate plans instead to consider two House-passed bills expanding background checks for firearm purchases. He would not commit to legislation that would impose a ban on some assault-style weapons and ammunition.
“The background checks bill passed the House had passed it overwhelmingly,” Schumer explained to reporters Tuesday after meeting with Democrats. “It’s supported by 90% of Americans and 80% of gun owners. It’s a very important thing to do. That is not to say we wouldn’t look at other things as well.”
Biden Tuesday issued a statement following the mass shooting Monday in Boulder, Colorado, in which he called for the Senate to take up two House bills passed earlier this month that would expand background checks to include most firearm purchases and transfers and provide federal law enforcement officials an additional seven days to conduct background checks before an individual can buy a gun.
Biden also called for “eliminating assault weapons and the size of magazines.”
Assault weapons are fully automatic and are mostly banned in the United States. Biden was likely referring to semi-automatic weapons.
The Boulder shooter used an AR-15, which is a semi-automatic rifle that looks like a military-style weapon.
Sen. Dianne Feinstein, a California Democrat, has reintroduced legislation that would ban AR-15 style rifles and other semi-automatic weapons, as well as large-capacity magazines.
While Biden appeared to endorse Feinstein’s proposal in his Tuesday statement, neither Schumer nor Majority Whip Dick Durbin would pledge to take up her bill.
Feinstein wants the Senate Judiciary Committee to hold a hearing on her bill. Her measure currently has 34 Democratic co-sponsors.
“I didn’t hear her request,” said Durbin, who chairs the Judiciary Committee.
Durbin said he’s more interested in advancing the House-passed background check measures.
Durbin suggested some of Feinstein’s gun ban proposal could be incorporated as an amendment, but the main priority will be centered on the House-passed background check bills.
“I’m not ruling that out,” Durbin said when asked about Feinstein’s bill. “But I think it’s time that we go on the record for some of these commonsense, constitutional responses.”
Democrats will already run into trouble on the background check measures.
Sen. Joe Manchin, a West Virginia Democrat, said he continues to oppose the House legislation.
Senate rules require 60 votes to pass legislation. Unless Democrats get rid of the long-standing filibuster, it will be difficult to pass the House legislation without modifications. It would be nearly impossible to pass the Feinstein legislation.
Even without the filibuster, Democrats may not have the votes to pass the background check legislation.
Manchin has for years promoted his own background check legislation alongside Sen. Pat Toomey, a Pennsylvania Republican. The Manchin-Toomey bill was crafted as a bipartisan compromise to end stalled gun safety legislation gridlock. It would expand background checks to include all firearm purchases but limit the requirement for transfers and loans. It would also expand some gun ownership rights.
On Tuesday, Manchin told reporters he continues to oppose the House-passed background check measures, which means Democrats do not have 51 votes needed to clear the two bills unless some Republicans vote for it.
Schumer declined to indicate when Democrats would consider the House-passed background check measures. He first plans to meet with Democrats to determine a path to passing the legislation.
“We’re going to figure out the best path forward, but we will put these bills on the floor,” Schumer said. “I have said that, and it will happen.”
