Concessions To Congressional Republicans Doomed A Gun Control Law

People may think there was never a federal gun control law. There was, in fact, a good gun control law. But, it was not in force at the time of the Uvalde massacre earlier this week. It was not in force because of concessions to Republican Representative and Senators at the time it was enacted.

The Brady
BRC
bill was a handgun control bill. It was named after James Brady, who was shot and wounded during an attempted assassination of President Ronal Reagan in 1981.

The bill languished, but gained momentum when President Clinton was elected in 1992, with a Democratic House and a Democratic Senators. Back then, it was possible, as it does not seem these days, for a bill like the Brady bill to win some Republican support. The bill was passed by the Senate by 46 Democrats and 15 Republicans in support (total of 61) and opposed by 8 Democrats and 28 Republicans (total of 36). President Clinton the bill signed into law in his first year in office, 1993.

It was not by magic that the number of Republicans supporting the bill in the Senate was 15. It was hard bargaining. Those fifteen Republicans could show their constituents that they had not negligently or casually voted for the bill. Instead, they could cite concessions by the Democrats. Namely, there was a twenty-year period the law was in effect, until it expired. Let us call this the “expiration clause.” At the time, it was no big deal. Few thought as far in the future as 2004. So, it was an easy concession to those 15 Republicans.

And so?

First of all, twenty years then passed, and the Brady Law expired in 2004. No Congress or President has revived it. So it is not in effect.

But, second, let us not forget what happened to Democratic Congressional Representatives and Senators for standing up for the Brady bill. Namely, in the 1994 election, the House went Republican for the first time in forty years. The Senate also went Republican. Many eminent Democratic Members of Congress went down to defeat.

I was House General Counsel in 1994, in an acting capacity. I had written a thousand-page treatise on Congressional Procedure. I knew some things. But, I did not have the insight to read the tea leaves. I did not foresee the House going Republican.

Now, there were other weighty reasons, besides the Brady law, motivating citizens to vote for Republicans for the House and Senate in the 1994 election. President Clinton had aroused antipathy. His failed health care bill had gone down to defeat, among many other issues on which he was unpopular.

But, we cannot underestimate the strength of the pro-gun vote. Those angry at the Brady bill did not stay home that Election Day, but to came out and voted predominantly Republican on the issue. Newt Gingrich became House Speaker. No real Democratic legislation had much chance in the 1995-1996 Congress.

Despite this sad episode from the past, I hope – and expect – that the next generation will tackle the gun control issue. They know the need. The have seen the carnage. They will have fresher idealism than their predecessors have now. They will learn the lessons of the past and run the race ahead.