The Mercury News

Best chance for gun reform gone for year

With just a few weeks left on the legislativ­e calendar, it will be difficult for the no-fly-no-buy issue to return this year.

- By Dana Milbank Dana Milbank is a Washington Post columnist.

On May 24, the House Appropriat­ions Committee took up a proposal “to deny transfers of firearms to persons known or suspected to be engaged in conduct related to terrorism.” In a party-line vote, Republican­s defeated the plan 29 to 17.

Nineteen days later, a man whom the FBI had investigat­ed as a possible terrorist went into an Orlando nightclub and, claiming solidarity with the Islamic State, shot 49 people to death with weapons he bought legally.

The legislatio­n couldn’t have prevented the massacre; it wouldn’t have taken effect for months. But it highlights an absurd situation: Lawmakers have known for a long time that those suspected of terrorist activities can legally buy guns, but the Republican majority, putting Second Amendment absolutism above modest national-security considerat­ions, refuses to fix the problem.

At least twice before, the same House committee had votes on the same proposal, and both times it was defeated. The Senate, for its part, voted down similar legislatio­n in December, following the San Bernardino killings.

And Monday night, a week after the Orlando killings, this tragedy repeated itself as farce. Republican­s defeated Democratic legislatio­n to keep those on terrorism watch lists from getting guns. Democrats defeated a fig-leaf measure proposed by Republican­s that would have made it virtually impossible to block those on the watch lists from getting guns. Lawmakers also rejected dueling proposals on background checks.

Now the issue goes to the campaign trail, where presumptiv­e Republican nominee Donald Trump said that the solution to the Orlando slayings was to have more clubgoers carrying concealed guns. After even the National Rifle Associatio­n said it didn’t approve of people carrying guns where alcohol is served, Trump walked back his remarks.

The immediate gridlock was an indication of how proficient Washington has become at doing nothing. After the 2012 slaughter of children in Newtown, Conn., it took the Senate four months to defeat guncontrol bills. This time, it took just nine days.

Democrats are not without blame in the postOrland­o failure on Capitol Hill. In their rush to revive the push to expand background checks for online and gun-show sales, they made the background­check legislatio­n more extensive than a bipartisan proposal taken up in 2013.

But on the question of closing the “terror gap” in gun laws, it really isn’t a close call. The “no fly, no buy” proposal from Sen. Dianne Feinstein was a modest idea: If you’re not allowed to board a plane because of suspected terrorist ties, you also can’t buy a gun. The total number of Americans and legal residents who would be blocked from gun sales under the provision: about 5,000 — in a nation of more than 320 million.

But Republican­s responded as if President Obama himself were going door-to-door, confiscati­ng every American’s guns. The no-fly-no-buy legislatio­n “violates the Second amendment, because a fundamenta­l constituti­onal right cannot be infringed upon without due process of law,” proclaimed Sen. Chuck Grassley, R-Iowa.

The due-process argument is a legitimate one, but Republican­s, instead of making an attempt to toughen civil-liberties protection­s, went to the other extreme. The alternativ­e bill by Sen. John Cornyn of Texas would have given the government three days to prove a case against somebody on the watch list, or that person would be allowed a gun.

No doubt, a compromise could have been reached, if that were the purpose. Sen. Susan Collins, R-Maine, ever pragmatic, was drafting middle-ground legislatio­n that would block about half as many suspected terrorists as Feinstein’s proposal.

Sen. Kelly Ayotte, R-N.H., facing a difficult re-election in November, pleaded with senators to “stop playing political football with something so important.”

But such calls are likely to amount to just another way to bury the issue for the rest of the year. Monday night was the best chance yet to block wouldbe terrorists from getting guns, and the GOP majority chose not to act.

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