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Sunday, May 25, 2003

By Karen MacPherson, Post-Gazette National Bureau

WASHINGTON -- Lawmakers and lobbyists are beginning to battle over whether Congress should continue the ban on 19 types of military-style assault weapons when it expires in September 2004, two months before the presidential and congressional elections.

	Online Graphic: Assault weapons banned

Both sides agree on one thing: the outcome likely depends on President Bush.

Bush recently reiterated his support for extending the assault weapons ban -- just about the only gun-control measure he favors -- but the president hasn't said whether he would back the permanent extension sought by gun-control advocates.

Bush also hasn't indicated whether he will really work to extend the ban, which is considered crucial to winning approval from the Republican-controlled Congress. Sen. Charles Schumer, D-N.Y., a chief sponsor of the 1994 law, says, "The bottom line is that if the president wants this bill to become law, it will."

Bush's refusal so far to invest any political capital on the issue has both sides complaining that the president is trying to have it both ways. By stating his support for the extension, Bush appeases gun-control supporters. By essentially leaving it up to Congress, where it will likely die, he avoids jeopardizing his support among gun-rights advocates.

	Votes on gun bill On April 9, the House voted, 285-140, for a bill to protect gun manufacturers from lawsuits stemming from gun-related deaths. Supporters of the measure argued that gun manufacturers aren't responsible for people who use guns to commit crimes. Opponents said gun manufacturers don't do enough to keep their products out of criminals hands. Here's how members of the western Pennsylvania delegation voted on the bill: Yes: Reps. Phil English, R-Erie; Melissa Hart, R-Bradford Woods; Tim Murphy, R-Upper St. Clair; John Murtha, D-Johnstown; and John Peterson, R-Venango. No: Rep. Mike Doyle, D-Swissvale.

White House spokesman Ari Fleischer has been decidedly stand-offish: "This is a matter that the House has to work out, of course, by listening to the will of its members, but the president's position is clear on it."

Top White House political aide Karl Rove recently told gun-rights activists in New Hampshire that the president will never have to address the issue because there aren't enough votes in Congress to pass the extension.

Such tepid signals of support from the White House opened the way for a rare public rift between the top two House Republicans. House Majority Leader Tom DeLay, R-Texas, a strong opponent of the ban, told reporters he didn't plan to bring up the extension for a vote and would let the ban expire, contending that "the votes in the House are not there."

DeLay's remarks enraged gun-control advocates and prompted House Speaker Dennis Hastert, R-Ill., to emphasize several days later that no final decision has been made on scheduling a vote for the extension. "I need to have some discussions with the president and [Republican] leadership before I make that decision," Hastert said.

In the meantime, Bush's publicly stated support for extending the ban on assault weapons has strained his relations with such guns-rights groups as the politically powerful National Rifle Association, who are among his staunchest supporters and largest campaign contributors.

The battle over the ban, which cuts across party lines, also has split Democratic gun-control advocates into two camps -- those who would like to toughen the current ban by closing loopholes and prohibiting more weapons versus those who believe they'd be lucky to get Congress to merely renew the current law.

The debate takes place in a political landscape colored by the coming elections and by legislative history.

Some Democrats, including gun-rights supporter Rep. John Dingell, D-Mich., blame passage of the original assault weapons ban in 1994 for the party's losing control of the House that year. Others contend the gun issue was just one of several issues that contributed to the Democrats' 1994 downfall, including opposition to then-President Clinton's ambitious healthcare reform plan.

In addition, a number of Democrats believe former Vice President Al Gore's support for gun-control legislation cost him key states in the 2000 presidential election, including West Virginia. Gore cast the tie-breaking vote in 1999 when the Senate approved legislation that restricted sales at gun shows and required safety devices to be sold with guns.

It's unclear how much of an issue extending the assault weapons ban could be in the 2004 presidential or congressional elections.

In Western Pennsylvania, Rep. Mike Doyle, D-Swissvale, supports an extension, Rep. Melissa Hart, R-Bradford Woods, opposes it, and other members of Congress either didn't return calls asking for their position or say they are reviewing the issue.

Sen. Rick Santorum, who voted against the ban as a House member in 1994, opposes an extension, calling it "feel-good legislation" that doesn't have real effect.

Sen. Arlen Specter, R-Pa., facing a primary battle from the conservative wing of GOP in Rep. Pat Toomey, "is currently reviewing all aspects of the assault weapons ban," said his spokesman Bill Reynolds. Specter voted for the ban in 1994.

The effort to extend the assault weapons ban is one of two gun-related issues currently percolating in Congress. The House recently voted to protect gun manufacturers from lawsuits brought by victims of shootings. The bill now goes to the Senate, where it has 52 co-sponsors but faces a filibuster.

The 1994 law prohibited the manufacture of 19 assault weapons while providing clear legal authority for the sale of 670 hunting and other recreational rifles. Supporters say the ban has lowered the percentage of assault weapons used in crimes, while opponents dispute that finding and the ban's overall effectiveness.

The NRA vehemently opposes extending the ban, contending it doesn't prevent violent crime but does infringe the rights of law-abiding gun owners. "We don't see any logic or reason to continue the ban," said NRA spokesperson Kelly Whitley.

Gun Owners of America contends White House officials "are trying to please both sides and are playing a very dangerous game." In an effort to pressure Bush to oppose the extension, the organization has launched a lobbying campaign, urging its members to email or call the White House.

Democrats are going ahead with efforts to try to extend the ban permanently. Schumer and Sen. Dianne Feinstein, D-Calif., recently introduced legislation that would renew the ban and also prohibit the importation of large-capacity ammunition clips.

"Does this bill have a snowball's chance in Hades of going anywhere? It's going to be a hard-fought effort, but we think it does. And we're counting on some help from an ally who lives on Pennsylvania Avenue," Schumer said. "We hope the president will not just say he supports the ban but help get it passed. This will be a good measure of the compassion in his compassionate conservatism."

Reps. Carolyn McCarthy, D-N.Y., and John Conyers, D-Mich., want Congress to go even further. They have introduced legislation that would permanently extend the ban on the 19 assault weapons and add a number of others to the list.

Gun-control advocates say the tougher bill is needed because many gun manufacturers have skirted the assault weapons ban by slightly modifying some of the prohibited weapons.

But Feinstein says the tougher bill will never pass, and worries that it will jeopardize the chances of her legislation gaining approval by splitting gun-control supporters in Congress. Feinstein said banning the import of large-capacity ammunition clips, which her bill would do, would fill the main loophole in the 1994 law.