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The Obama Deadline for Proposals to Reduce Gun Violence

Written by Orchid

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December 29, 2012

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With a goal of a steady reduction in violence, President Obama has asked Vice President Joe Biden and Members of his Cabinet to bring forward “concrete proposals” to curb gun violence no later than January.  The President has stated that he will seek to advance the legislative proposals without delay. Senator Diane Feinstein (CA) has also been before the camera to state her intention to propose legislation on the first day of the 113th Session of Congress (January 3, 2013), picking up where the 1994-enacted 10-year assault weapon ban left off in 2004. So what does it mean when Washington says it is “going to do something?” The constitutional authority to originate legislation rests exclusively with Congress.  Either the House or the Senate can initiate a Bill, through a routine process that moves a Bill from numbering through committee ultimately to the floor for a vote.  Where two, different Bills pass the House and the Senate, the Bills must be reconciled and pass again through the process.  Once the same Bill is approved by both chambers, the Bill moves to the President’s desk where it can be signed or vetoed. The first thing to watch for is just who makes the proposals.  If the President wants to propose legislation, he can call a joint session of Congress and try to publicly persuade them to take up his ideas.  The President can also work behind the scenes with legislators to try to influence the drafting process, in which case Democratic Sen. Feinstein and Sen. Charles E. Schumer (NY, a prominent proponent of the 1994 legislation) would be natural allies.  What the President cannot do is introduce or sponsor a Bill in Congress. Once a Bill number(s) is announced, your best bet is to actually take a look at the legislation proposed, rather than relying simply upon mainstream media.  What we will need to know in the quest for compliance are the actual details, not the sound bites.  And, while the legislation may be longer than the latest SEC guidance document, Bills are generally searchable so that you can quickly press into provisions that may impact your business. One method is to obtain a Bill copy is to call your local federal legislative offices.  Another method is to search for the Bill mechanics through www.Thomas.gov, which allows you to track the status of a Bill, including its Sponsors and Co-Sponsors.  While Thomas.gov is the official federal government search engine, another option is www.GovTrack.us, which provides considerable ancillary information, including a “prognosis” on the chances of a Bill being enacted. Orchid Advisors will keep an eye on the Hill as the next Session gets underway, particularly to consider the potential impact of legislation upon your compliance requirements.  We’re also at work analyzing the legislative history of the 1994 assault weapons ban, voting Members who remain in Congress, and current regulations for the manufacture, sale, and ownership of guns that may be impacted. As always, stay tuned to our blog for this and other topics of interest to the industry.

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