Issue Position: Taking on the Epidemic of Gun Violence

Issue Position

OVERVIEW:

The partisan paralysis and gridlock that's overtaken Washington has halted necessary reforms on vital issues ranging from immigration to infrastructure to tax reform. Yet there may be no single issue where inaction has been as complete or as disheartening as gun violence prevention.

The fight against gun violence is not a political issue, but a moral one. We have an ethical obligation to examine any measure that could prevent another Newtown, another Aurora, another Virginia Tech, another Columbine. Yet, even in the wake of the Sandy Hook Massacre, background check legislation that would keep guns out of the hands of felons and the dangerously mentally ill has been stymied in Washington,[i] despite the support of 85% of rank-and-file NRA Members and 92% of all Americans.[ii] Adriano Espaillat is running to help bring an end to a do-nothing Congress that lives in fear of top-down special interests like the NRA, and he will be a strong voice in the fight for common-sense federal gun laws.

As a New York State Legislator, Espaillat has refused to kowtow to gun rights extremists and has a decade-long record of pushing for tough, innovative gun laws, including legislation that would hold irresponsible manufacturers liable for preventable gun violence,[iii] a bill that would encourage criminal defendants to cooperate in gun trafficking cases,[iv] and a measure to help law enforcement solve gun crimes by broadly expanding New York's ballistics database.[v]

While Washington stood still, Espaillat played an instrumental role in the passage of the historic New York SAFE Act, a package of gun violence prevention laws[vi] that included several measures he had fought for for years, such as a tougher assault weapons ban,[vii] background checks on private gun sales,[viii] stronger oversight of gun shows,[ix] reporting requirements for lost or stolen guns,[x] and safe storage rules.[xi]

In Congress, Adriano Espaillat will fight to end Washington's inexcusable failure to pass even the most straightforward and widely supported gun violence prevention measures. He will not only provide vocal support and energy to existing proposals like background checks and a renewed assault weapons ban, but also continue pushing for outside-the-box solutions like gun manufacturer and dealer best practices requirements that will help close dangerous loopholes and shut-down the "Iron Pipeline" which brings illegal out-of-state guns into places the 13th Congressional District. He will also propose and fight for critical non-legislative measures like using the government's market power as a gun purchaser to incentivize those same manufacturers and dealers to do the right thing, until meaningful legislation can be passed into law.


As congressman, Espaillat will fight to:

Repeal the Tiahrt Amendments and Hold Dangerous Dealers and Manufacturers Accountable: The Tiahrt Amendments are federal budget riders that allow corrupt gun dealers to escape public scrutiny and legal action by barring the disclosure of ATF gun trace data and preventing its use as evidence in court proceedings. When the ATF was last able to release such data in 2000, it found that 1% of gun dealers sold 57% of guns used in crimes. Transparency and the rights of cities and individuals demand that the Tiahrt Amendments be repealed and that the sources of gun crimes be held accountable. Additionally, Congress should repeal the "Lawful Commerce in Arms Act," which shields firearm manufacturers and dealers from liability for even the most egregiously dangerous practices. There is clear evidence that gun manufacturers not only turn a blind eye to criminal use of their products but actively court it by flooding states that have weak gun laws with more product than the legal market could bear on its own. If a defective toaster burns you, you can sue the toaster maker, but when a gun designed only as an instrument of death is used to murder a loved one you have no recourse. That is not rational, and it must end.

Make Background Checks on Gun Sales Truly Effective and Universal: 40 states do not require background checks for gun sales between private parties. It is estimated that 40 percent of all guns sold in the U.S. are not subject to background checks and there is no federal background check on the sale of ammunition. Federal background checks rely on states to provide mental health records for prohibited purchasers, yet eight states have provided fewer than 100 such records each. When there is a background check, the FBI only has 72 hours to determine whether a purchaser is prohibited from owning a gun. If they cannot or do not make a determination in that time the gun sale can proceed. We must require background checks for private gun sales, whether sold online, at gun shows, or through classified ads. We must also create a background check system for ammo sales. And we need to tie related federal funding to state compliance with mental health and criminal records and do away with the irresponsible loophole that allows gun sales before a background check is completed.

End the Ban on Gun Violence Research: Congress has essentially banned the CDC and NIH from studying gun violence,[1] meaning a near total dearth of comprehensive national data on the consequences of gun violence. Barring the two preeminent research institutions from studying gun violence, which is on pace to kill more people than the automobile is a stark example of Congress' total capitulation to the NRA. It is inexcusable that the truth is clouded by fealty to a misguided, big money special interest. This ban must be lifted immediately, so the American people and their representatives can better understand the scourge of gun violence and the best ways to stop it.

Empower the ATF: Unlike other law enforcement agencies (which have seen their budgets explode in the wake of September 11), the ATF's budget has remained essentially stagnant, increasing only 10% in inflation adjusted dollars over the last ten years. Consequently, despite the manifold increase in the manufacture of guns during the last decade, the ATF actually has fewer investigators than it did in 2001 (600-700 investigators to regulate the nation's firearms manufacturers, importers, and dealers, as well as the explosives industry). In practical terms, this has meant that more than five years pass between inspections for more than half of all firearms dealers. On the enforcement side, the ATF has fewer than 2,500 agents nationwide (fewer than the Dallas Police force for example). In order to truly empower the ATF, we must either give them the funding and resources they need and deserve, or merge their functions with the FBI so their bottom-line is no longer subject to the wishes of the NRA and its hand-picked legislators.

Common sense laws like these are not the first step on the slippery slope to total disarmament, but an honest attempt to fight the gun violence epidemic. Electing Adriano Espaillat to Congress will be a step toward restoring sanity to Washington.

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