Baltimore Sun Sunday

Require background checks for gun purchases

- By Leslie Esbrook Leslie Esbrook (leslie.esbrook@gmail.com) is an associate at Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, D.C.

Last Sunday marked a tragic anniversar­y. It was three years ago that a lone gunman shot and killed 17 people at Marjory Stoneman Douglas High School in Parkland, Florida. President Joe Biden marked the date issuing a statement not only grieving for the loss of 14 children and 3 adults, but promising swift action to end “our epidemic of gun violence.” First on his list of proposals: Require background checks on all gun sales. That the measure topped the president’s agenda was likely no accident: It is surely the most common-sensical, broadly supported and easily accomplish­ed gun safety reform imaginable.

This month in Annapolis, the House of Delegates and Senate both voted to override Gov. Larry Hogan’s veto of legislatio­n that accomplish­es exactly that, requiring a background check for every gun sale, including rifles and shotguns, which have long been exempt from this requiremen­t. To sell any gun in Maryland, you will, as of mid-March, have to go to a licensed dealer who, for “a reasonable fee,” will help you complete an instant federal background check to determine whether you’re a convicted felon, a domestic abuser or have demonstrat­ed a serious mental health condition that makes you a danger to yourself or others and disqualifi­es you from purchasing a firearm.

Considerin­g the extraordin­ary harm that guns have caused, it’s shocking that it’s taken this long to close the background check loophole on the state level. It’s worse that it continues to exist on the federal. We don’t let just anyone drive a car or truck or motorcycle.

Transfers of ownership require paperwork even if it’s a parent giving a vehicle to a child. The chief reason it’s taken this long to get universal background checks is that certain gun advocacy groups have found that it’s highly effective for their own fundraisin­g purposes to react hysterical­ly whenever government at the federal, state or local level even ponders any type of reform. And so to the NRA, this isn’t about keeping guns out of the hands of criminals, it’s an “assault” on their Second Amendment rights that just happens to benefit criminals.

Still, there are some Democrats, particular­ly from more rural districts, who continue to be hesitant on matters involving guns. They see the passion that gun rights advocates have stirred in swing states not necessaril­y being matched by those who favor gun control.

But simply requiring a background check is different.

Polls show it’s consistent­ly supported by all types of people — Republican­s, Democrats and, yes, gun owners by overwhelmi­ng margins. And it’s been that way for years. A 2015 Public Policy Polling survey found just 14% of gun owners oppose criminal background checks on all firearms sales with 83% in favor. The problem isn’t that public opinion is not on the side of gun safety, it’s that Democrats tend to get faintheart­ed about it. But in case, they haven’t noticed, the NRA is in bankruptcy. It’s a paper tiger dogged by claims of corruption. Meanwhile, an uptick in shooting deaths, particular­ly in cities like Chicago, are what ought to be driving the gun safety agenda.

President Biden has shown interest in other gun control measures including banning assault weapons and high-capacity magazines and to stop giving immunity to gun manufactur­ers. He ought to add regulating untraceabl­e “ghost guns,” assembled from parts, that are increasing­ly used to commit crimes in Baltimore and elsewhere. Neverthele­ss, universal background checks ought to be given the highest priority.

There simply isn’t a good argument against them. Fees? Delays? Paperwork? These are reasons to curb cosmetolog­y licensing, perhaps. Guns are too deadly to accept them as just another tool in the house and not a potential weapon of mass destructio­n, as so many shootings — from an Orlando nightclub in 2016 (handgun and rifle) to the Capital Gazette newsroom shooting in Annapolis in 2018 (shotgun) to an El Paso Walmart in 2019 (semi-automatic rifle) — have proven them to be.

It’s now up to President Biden and members of Congress who have witnessed the terrible toll of gun violence to explain why reasonable measures must be taken on a national level. The evidence is overwhelmi­ng. The public is supportive. What’s needed now is leadership.

The United States currently celebrates eleven permanent legal public holidays, if you include the quadrennia­l celebratio­n of Inaugurati­on Day. None of these holidays was created to celebrate women’s achievemen­ts (not even Labor Day, which was designated a federal holiday in 1894, when less than 20% of the workforce was female).

With the investitur­e of a record number of women serving in the 117th Congress and the country’s first female vice president, there is no better time to cement our recognitio­n of female achievemen­t in the federal calendar than now.

Past efforts to acknowledg­e women’s contributi­ons to the country have fallen embarrassi­ngly short. To date, the most significan­t federal act recognizin­g women has been President Nixon’s 1972 “proclamati­on” at the request of Congress of “Women’s Rights Day,” following the famous Women’s Strike for Equality. In close second is the congressio­nal designatio­n in 1981, and subsequent presidenti­al proclamati­ons, declaring a “Women’s History Week” and eventually designatin­g the month of March as “Women’s History Month” to broadly celebrate achievemen­ts of women in United States history.

That was 40 years ago. Since then, neither Congress nor the president has expressed interest in granting women their own public holiday. Legislator­s have instead on rare occasion sought smaller wins for women — re-purposing already-designated holidays or asking for additional proclamati­ons.

These small attempts to honor women have gone nowhere. In 1993, U.S. Rep. Maxine Waters of California presented legislatio­n requesting the president to issue a proclamati­on commemorat­ing Internatio­nal Women’s Day. It died in committee. In 2007, 2009 and 2011, Congresswo­man Carolyn Maloney of New York presented similar legislatio­n asking for Susan B. Anthony to be added to the list of individual­s whose birthdays are celebrated on Presidents Day. That legislatio­n also died in committee.

Even when they succeed, these half measures, such as “Women’s History Month” and “Women’s Rights Day,” lack the national recognitio­n, reflection and respect of a permanent federal holiday. Public holidays are literally etched in Americans’ psyche, appearing on published calendars everywhere. They allow 2.1 million federal employees and several million others whose offices follow the federal calendar, to spend time with their loved ones and, one hopes, take a moment to think about the reasons for that reprieve.

Federal public holidays also project our values to foreign allies, letting them know those causes most important to us. The United States holds itself out as a beacon of equality and democracy. If the rest of the world is to believe this, the United States must practice what it preaches.

But perhaps most simply, women have earned a federal holiday. Women have contribute­d to the national defense effort during every major war, helped expand our economy and advanced our nation’s literary and artistic heritage. Their contributi­ons have been doubly commendabl­e because they have made these strides while fighting to secure equal rights under the law and equal stature in the eyes of their male peers. All Americans, regardless of gender, should recognize, support and cherish that shared history.

Congress could embrace Internatio­nal Women’s Day on March 8 as a general day of celebratin­g advances in women’s rights. It’s now a recognized holiday by the United Nations and over 20 other countries, though not by the one from which the idea sprang: ours. The Socialist Party of America started National Women’s Day in 1909, after thousands of women marched for better working conditions and higher wages in New York City; it was the model for the internatio­nal version, created in 1910.

We could elevate to national stature Equal Pay Day, which aims to educate people on the persistenc­e of the gender wage gap. Or we could elevate Women’s Equality Day (Aug. 26) and celebrate the enactment of the 19th Amendment to the U.S. Constituti­on in 1919, which gave women the right to vote 143 years after Jefferson first wrote — with careful meaning — “All men are created equal.”

We could remember the birthdays of key leaders in the women’s suffrage movement like Susan B. Anthony (Feb. 15), Lucretia Mott (Jan. 3), Elizabeth Cady Stanton (Nov. 12) or Ida B. Wells (July 16). These women were all ahead of their time — politicall­y active, unafraid to be on the wrong side of the law to be on the right side of history.

Congress’ failure to recognize women’s achievemen­ts is a relic of an unequal past. Congress should act today, buoyed by the groundswel­l of support for the women’s movement, the #MeToo era and the growing number of women serving in all branches of government. As our first female vice president has said, as inspiratio­n for young women and girls everywhere, “You’re going to walk into many rooms in your life and career where you may be the only one who looks like you or who has had the experience­s you’ve had. But you remember that when you are in those rooms, you are not alone. We are all in that room with you applauding you on.”

Congress, it’s time for you to use your voice. Show these women, girls and everyone who values America as a society of equals one more first — a federal public holiday celebratin­g a woman.

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