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Collins opposes H.R. 8

February 27, 2019

“My Democrat colleagues aren’t interested in actually stopping gun violence. They’re committed to eroding law-abiding Americans’ Second Amendment rights. Most importantly, Democrats have misled mass violence victims by promoting a bill — H.R. 8 — that would not, will not stop mass violence.”

WASHINGTON — House Judiciary Committee Ranking Member Doug Collins (R-Ga.) spoke on the floor of the House of Representatives today in opposition to H.R. 8. This week, Collins also introduced H.R. 1339, the Mass Violence Prevention Act, to prevent firearm violence by improving law enforcement response to potential threats and reducing the flow of firearms through illegal street sales. Below are the remarks as prepared: Ranking Member Doug Collins: Mr. Speaker, I rise in strong opposition to H.R. 8, the so-called “Bipartisan Background Checks Act.” This is bad legislation that fails to make anyone safer in any regard. All this legislation will do is burden law-abiding citizens wishing to exercise their Second Amendment rights, including defending themselves from the gun-toting criminals this bill does nothing to combat. H.R. 8 foolishly presumes criminals who flout existing laws will suddenly submit themselves to background checks. Are members who support this bill delusional enough to think a criminal trading cocaine to another criminal for a firearm will reconsider due to H.R. 8, and scurry to the nearest gun store to submit to a background check? That is absurd. Not only is it foolish to think criminals will suddenly start following the law, it is foolish to assert this bill will make our communities safer. My Democrat friends exploit every mass shooting by calling for universal background checks, but H.R. 8 would not have stopped a single mass shooting from Columbine to Aurora, Illinois. These tragedies, however, do share things in common. Over and over, we see mental health issues and missed opportunities for authorities to intercede. Look at the recent workplace shooting in Illinois, where the gunman murdered five people. That could have been prevented, but not by H.R. 8. All law enforcement had to do was enforce existing law. The gunman was prohibited from possessing firearms. He was convicted in 1995 in Mississippi of a felony. In January 2014, he was issued an Illinois firearm owner's identification card. That March, he applied to buy a handgun from a gun dealer. Five days later, he took possession of the gun, having inexplicably passed a background check and waiting period. That month, he applied for a concealed-carry permit. During a background check for the permit, his 1995 felony conviction was flagged. Illinois police revoked his firearm card and sent him a letter telling him to relinquish the firearm. Not surprisingly, the felon did not comply. Had authorities seized the firearm between March 2014 and February 2019, they could have saved five lives. Aurora, Illinois is not alone in missing opportunities to prevent tragedy. The Aurora, Colorado gunman met with at least three mental health professionals before the shooting. One of them, with whom the shooter shared homicidal thoughts, considered placing him on an involuntary mental health hold, but did not. Another psychiatrist suspected the gunman had a potentially dangerous mental illness. A month before the attack, another psychiatrist told police the shooter had made homicidal statements. Nobody intervened. We know about missed opportunities at Parkland, Sutherland Springs, Virginia Tech and others. The common problem is clear, and it’s not a lack of background checks. With H.R. 8, Democrats refuse to acknowledge the human factors leading to these events, but Republicans have a bill to help law enforcement coordinate responses to mental health concerns and other mass violence threat information. You know what else H.R. 8 doesn’t address? The primary way criminals acquire firearms. Last month, DOJ revealed nearly half of criminals obtain firearms via theft or the black market. The survey also revealed a mere 0.8 percent of criminals purchased their firearms at gun shows. So, if this bill won’t prevent mass shootings or address violent crime, what will it do? Well, it will keep law-abiding citizens from protecting themselves. Under this bill, a battered woman with a protection order against her abuser, who borrows a firearm for self-defense, would be a criminal. H.R. 8 would criminalize the transfer of a firearm between first cousins. It would criminalize selling a firearm without a background check to someone with a valid permit allowing them to possess, acquire or carry a firearm. If that person walked into a gun store, they could present that permit and not undergo a NICS check. The bill is poorly drafted, so it’s unclear if adoptive or step-parents can loan or gift a firearm to their children or adoptive or step-siblings. H.R. 8 also uses vague terms such as “imminent.” What does “imminent” mean? Ask a stalking victim whether their stalker’s threat is “imminent.” How long, by the way, does the hunting exemption last? Can I loan my lifelong friend my rifle to hunt deer for one day? One week? Can she transport it to and from the hunting grounds? Additionally, the bill refers to “great bodily harm.” The Criminal Code defines “substantial bodily injury” and “serious bodily injury” but not “great bodily harm.” Democrats held no hearings on this bill, so these very basic issues are unresolved. Plainly, this bill is not ready for prime time, Mr. Speaker. The Democrats have rushed it to the floor. On the other hand, there are solutions to prevent mass violence and gun crime. The Mass Violence Prevention Act, which I introduced earlier this week, is one. The MVP Act directly addresses challenges in law enforcement coordination and response. It would reduce the flow of firearms into the black market, where most criminals get their weapons. It would bolster law enforcement’s ability to prosecute criminals for firearms offenses. The MVP Act responds to the causes of mass violence. If reducing gun violence is Democrats’ concern, the MVP Act is the legislation we should be considering today. Talk to me or my staff about co-sponsoring this evidence-based, commonsense legislation. Unlike H.R. 8, the MVP Act could have prevented tragedies like Parkland. Unfortunately, Mr. Speaker, my Democrat colleagues aren’t interested in actually stopping gun violence. They’re committed to eroding law-abiding Americans’ Second Amendment rights. Most importantly, Democrats have misled mass violence victims by promoting a bill — H.R. 8 — that would not, will not stop mass violence. For that, I am profoundly sorry. Because of that, I urge my colleagues to reject H.R. 8 and support real solutions. I reserve the balance of my time.