1 00:00:01,800 --> 00:00:06,960 Speaker 1: Welcome to brain Stuff, a production of iHeart Radio, Hey 2 00:00:07,000 --> 00:00:11,400 Speaker 1: brain Stuff, Lauren vogebam here. In the aftermath of the 3 00:00:11,400 --> 00:00:14,320 Speaker 1: most recent mass shootings in the United States, there's been 4 00:00:14,360 --> 00:00:18,520 Speaker 1: a surge of conversation about HR eight, the Bipartisan Background 5 00:00:18,600 --> 00:00:23,280 Speaker 1: Checks Act of This is a longstalled piece of legislation 6 00:00:23,400 --> 00:00:26,560 Speaker 1: that would require background checks for all gun purchases across 7 00:00:26,560 --> 00:00:31,800 Speaker 1: the nation. Sponsored by California Democrat Representative Mike Thompson, the 8 00:00:31,840 --> 00:00:34,000 Speaker 1: bill was passed by the U. S. House in March 9 00:00:35,240 --> 00:00:40,040 Speaker 1: by a narrow two to three vote, getting support from 10 00:00:40,080 --> 00:00:43,680 Speaker 1: just eight Republican legislators. In the Senate, the bill has 11 00:00:43,760 --> 00:00:46,680 Speaker 1: languished for months due to the reality that it stood 12 00:00:46,720 --> 00:00:49,600 Speaker 1: little chance of passage in that chamber because it's split 13 00:00:49,680 --> 00:00:53,080 Speaker 1: fifty fifty Republican and Democrat and would need to attract 14 00:00:53,159 --> 00:00:55,880 Speaker 1: at least ten Republican supporters in order to prevent a 15 00:00:55,920 --> 00:00:58,840 Speaker 1: filibuster by opponents and moved to a final vote on 16 00:00:58,880 --> 00:01:03,560 Speaker 1: the law, but Senate Democrats have indicated that despite the 17 00:01:03,560 --> 00:01:06,880 Speaker 1: odds against them, they're nevertheless hoping to put the bill 18 00:01:06,959 --> 00:01:10,399 Speaker 1: on the legislative calendar should that plan come to fruition. 19 00:01:10,720 --> 00:01:14,480 Speaker 1: Another gun control bill passed by the House. HR fourty 20 00:01:14,560 --> 00:01:17,280 Speaker 1: six would be put to a vote as well. This 21 00:01:17,319 --> 00:01:20,600 Speaker 1: bill would increase to ten days the time a purchaser 22 00:01:20,680 --> 00:01:24,039 Speaker 1: must wait for a background check. And now, as of 23 00:01:24,120 --> 00:01:28,080 Speaker 1: early June, there's a new package of gun control legislation 24 00:01:28,200 --> 00:01:32,480 Speaker 1: on the table, the Protecting Our Kids Act. So today 25 00:01:32,720 --> 00:01:35,080 Speaker 1: let's talk about these bills and how the laws that 26 00:01:35,120 --> 00:01:39,520 Speaker 1: are currently on the books work. Right now, when someone 27 00:01:39,560 --> 00:01:42,760 Speaker 1: tries to buy a firearm from a federally licensed gun dealer, 28 00:01:43,080 --> 00:01:46,440 Speaker 1: the dealer is required to contact the federal government's National 29 00:01:46,560 --> 00:01:50,559 Speaker 1: Instant Criminal Background Check System, either electronically or by phone. 30 00:01:51,600 --> 00:01:53,840 Speaker 1: The buyer fills out a form that asks them about 31 00:01:53,920 --> 00:01:58,000 Speaker 1: a bunch of things, past criminal indictments and convictions, use 32 00:01:58,040 --> 00:02:02,680 Speaker 1: of drugs, court ordered confinement in mental institutions, dishonorable discharges 33 00:02:02,720 --> 00:02:06,840 Speaker 1: and convictions in military courts, convictions for domestic violence, and 34 00:02:07,040 --> 00:02:09,920 Speaker 1: whether the person is a legal resident of the United States. 35 00:02:10,919 --> 00:02:13,840 Speaker 1: After that, these systems staff performs a background check to 36 00:02:14,000 --> 00:02:16,680 Speaker 1: verify that the buyer is eligible to purchase or own 37 00:02:16,720 --> 00:02:21,400 Speaker 1: a firearm. This background check system, which was created by 38 00:02:21,400 --> 00:02:26,079 Speaker 1: the Brady Handgun Violence Prevention Act of and went online, 39 00:02:26,280 --> 00:02:29,720 Speaker 1: has conducted more than three hundred million checks on gun purchases. 40 00:02:30,400 --> 00:02:33,560 Speaker 1: Most purchasers passed the screening, but more than one point 41 00:02:33,560 --> 00:02:36,680 Speaker 1: five million would be gun buyers have been rejected, according 42 00:02:36,720 --> 00:02:41,799 Speaker 1: to the FBI. Even so, critics point to major loopholes 43 00:02:41,840 --> 00:02:44,920 Speaker 1: in the screening process of people who don't make a 44 00:02:45,000 --> 00:02:48,640 Speaker 1: business of selling firearms but only make occasional sales or 45 00:02:48,680 --> 00:02:52,639 Speaker 1: purchases are exempt from the background check requirement unless they're 46 00:02:52,639 --> 00:02:54,919 Speaker 1: a seller who has reason to believe that a purchaser 47 00:02:55,120 --> 00:02:59,440 Speaker 1: might be legally barred from owning a gun. Additionally, Federal 48 00:02:59,520 --> 00:03:02,560 Speaker 1: logged doesn't established a clear line for when a gun 49 00:03:02,600 --> 00:03:06,360 Speaker 1: seller becomes a professional dealer, of just a vague rule 50 00:03:06,400 --> 00:03:09,840 Speaker 1: of thumb that someone who repetitively sells guns with the 51 00:03:09,880 --> 00:03:13,280 Speaker 1: motive of making a profit must be licensed and conduct 52 00:03:13,400 --> 00:03:19,399 Speaker 1: background checks. That gaping gray area enables non licensed dealers 53 00:03:19,440 --> 00:03:22,280 Speaker 1: to sell scores of weapons at gun shows or via 54 00:03:22,320 --> 00:03:28,120 Speaker 1: Internet ads, or you know wherever, to whoever's buying. A 55 00:03:28,200 --> 00:03:31,600 Speaker 1: study that was conducted by Northeastern University and Harvard University 56 00:03:31,639 --> 00:03:34,720 Speaker 1: researchers and published in the journal Annals of Internal Medicine 57 00:03:34,720 --> 00:03:39,280 Speaker 1: in estimated that of gun owners who had obtained a 58 00:03:39,280 --> 00:03:42,160 Speaker 1: weapon in the previous two years had done so without 59 00:03:42,200 --> 00:03:47,000 Speaker 1: going through a background check, and of prison inmates who 60 00:03:47,040 --> 00:03:49,240 Speaker 1: had been prohibited from owning the gun that they used 61 00:03:49,240 --> 00:03:52,200 Speaker 1: in a crime had obtained it through an unlicensed seller. 62 00:03:53,480 --> 00:03:56,800 Speaker 1: HR eight, one of the proposed laws, would eliminate the 63 00:03:56,880 --> 00:04:01,440 Speaker 1: private sales loophole by making such transactions a eagle. Instead, 64 00:04:01,720 --> 00:04:04,440 Speaker 1: private sellers would be required to hand the weapon over 65 00:04:04,520 --> 00:04:08,360 Speaker 1: to a licensed dealer, importer, or manufacturer, who would then 66 00:04:08,440 --> 00:04:11,880 Speaker 1: comply with the background check requirement before transferring the weapon 67 00:04:12,000 --> 00:04:16,240 Speaker 1: to the buyer. HR eight would still allow a few exceptions. 68 00:04:16,640 --> 00:04:19,960 Speaker 1: Law enforcement agencies would be allowed to do transfers without 69 00:04:19,960 --> 00:04:23,480 Speaker 1: background checks, as would family members giving weapons to other 70 00:04:23,560 --> 00:04:27,000 Speaker 1: family members. A person could also inherit weapons without a 71 00:04:27,040 --> 00:04:30,640 Speaker 1: background check. Finally, in the case of an eminent threat 72 00:04:30,720 --> 00:04:33,159 Speaker 1: of bodily harm or death, a person could give a 73 00:04:33,160 --> 00:04:35,840 Speaker 1: weapon to someone else to protect themselves, as long as 74 00:04:35,839 --> 00:04:40,560 Speaker 1: the weapon was returned when the threat went away. The 75 00:04:40,880 --> 00:04:45,000 Speaker 1: idea of universal or nearly universal background checks is supported 76 00:04:45,040 --> 00:04:48,680 Speaker 1: by the majority of the American public. In April one 77 00:04:48,800 --> 00:04:52,760 Speaker 1: Quinnipiac University poll, for example, found that eight percent of 78 00:04:52,760 --> 00:04:56,560 Speaker 1: Americans favor such a requirement, while only eight percent oppose 79 00:04:56,760 --> 00:05:01,600 Speaker 1: universal background checks. A March one Morning Consult poll had 80 00:05:01,640 --> 00:05:05,040 Speaker 1: a similar result, with eighty four percent of voters, including 81 00:05:05,080 --> 00:05:11,680 Speaker 1: seventy percent of Republicans, supporting mandatory screening before gun sales. Eighteen. 82 00:05:11,720 --> 00:05:14,960 Speaker 1: Gallop Pole found that Americans favored mandatory checks by a 83 00:05:15,040 --> 00:05:20,839 Speaker 1: nine to seven percent margin before the article This episode 84 00:05:20,880 --> 00:05:23,520 Speaker 1: is based on How Stuff Works, spoke with Dan Flannery, 85 00:05:23,640 --> 00:05:26,800 Speaker 1: a professor of psychiatry and pediatrics and the director of 86 00:05:26,839 --> 00:05:29,880 Speaker 1: the Begun Center for Violence Prevention Research and Education at 87 00:05:29,920 --> 00:05:34,279 Speaker 1: Case Western Reserve University. He said that enacting universal background 88 00:05:34,360 --> 00:05:37,839 Speaker 1: checks is an important first step toward reducing gun violence, 89 00:05:38,320 --> 00:05:41,120 Speaker 1: but pet cautions that the information reported in the system 90 00:05:41,360 --> 00:05:44,760 Speaker 1: is limited and may not necessarily detect everyone who is 91 00:05:44,800 --> 00:05:49,839 Speaker 1: a threat. The teenage gunman in the Valdi shootings, for example, 92 00:05:50,200 --> 00:05:53,719 Speaker 1: legally bought two rifles from federally licensed gun store shortly 93 00:05:53,760 --> 00:05:58,240 Speaker 1: after his eighteenth birthday. Grown check system didn't detect the 94 00:05:58,279 --> 00:06:01,359 Speaker 1: disturbing behaviors noticed by friend and relatives that have since 95 00:06:01,360 --> 00:06:06,640 Speaker 1: come to light. Flannery said having more mental health resources 96 00:06:06,760 --> 00:06:09,640 Speaker 1: and thread assessment protocols for when kids who are identified 97 00:06:09,680 --> 00:06:12,440 Speaker 1: who may be at risk. Having those systems of supports 98 00:06:12,440 --> 00:06:15,760 Speaker 1: in place is another thing. Many of the school shooters, 99 00:06:15,800 --> 00:06:19,000 Speaker 1: in particular, have told someone else personally or on social 100 00:06:19,040 --> 00:06:22,560 Speaker 1: media of their attempt, and there were opportunities to intervene. 101 00:06:24,040 --> 00:06:27,360 Speaker 1: Proponents of HR eight face a difficult challenge in the Senate, 102 00:06:27,560 --> 00:06:31,000 Speaker 1: where sixty votes are necessary for passage. When the New 103 00:06:31,080 --> 00:06:34,799 Speaker 1: York Times survey GOP senators, it found that only four 104 00:06:34,880 --> 00:06:38,760 Speaker 1: out of fifty were even open to considering universal background checks. 105 00:06:40,440 --> 00:06:43,159 Speaker 1: Though the Democrats could change the rule to allow a 106 00:06:43,279 --> 00:06:47,080 Speaker 1: straight majority vote, some conservative Democrats opposed such a move 107 00:06:47,240 --> 00:06:51,320 Speaker 1: and favor a different compromise in that vein. A new 108 00:06:51,360 --> 00:06:54,240 Speaker 1: package of gun control legislation passed in a House vote 109 00:06:54,279 --> 00:06:57,599 Speaker 1: on June eight, called the Protecting Our Kids Act. It 110 00:06:57,640 --> 00:07:00,440 Speaker 1: passed two twenty three to two oh four, with five 111 00:07:00,480 --> 00:07:03,080 Speaker 1: Republicans crossing the aisle to vote for it and two 112 00:07:03,120 --> 00:07:07,040 Speaker 1: Democrats voting against it. The Act includes bills that would 113 00:07:07,080 --> 00:07:10,360 Speaker 1: raise the age necessary to purchase or receive particular types 114 00:07:10,400 --> 00:07:14,440 Speaker 1: of semi automatic firearms from eighteen years to twenty one years. 115 00:07:14,640 --> 00:07:18,320 Speaker 1: It would establish new federal offenses for gun trafficking, established 116 00:07:18,320 --> 00:07:22,080 Speaker 1: frameworks for regulating firearms without serial numbers and the storage 117 00:07:22,080 --> 00:07:26,080 Speaker 1: of firearms, and prohibit large capacity magazines. And create a 118 00:07:26,120 --> 00:07:30,720 Speaker 1: governmental buyback program for people who currently own those. News 119 00:07:30,760 --> 00:07:32,880 Speaker 1: about this new act is still coming in as we 120 00:07:32,920 --> 00:07:36,680 Speaker 1: record this episode, but experts expected to face difficulty in 121 00:07:36,680 --> 00:07:40,840 Speaker 1: the Senate as well. How Stuff Works also spoke with 122 00:07:40,920 --> 00:07:44,200 Speaker 1: Dave Chapman. He's a twenty five year veteran of the 123 00:07:44,280 --> 00:07:47,760 Speaker 1: Bureau of Alcohol, Tobacco, Firearms and Explosives, or the a 124 00:07:47,840 --> 00:07:50,720 Speaker 1: t F, and was President Joe Biden's initial choice to 125 00:07:50,760 --> 00:07:54,440 Speaker 1: head that bureau. He said that conducting background checks on 126 00:07:54,560 --> 00:07:58,520 Speaker 1: nearly all gun purchasers quote would make an extraordinary difference 127 00:07:58,520 --> 00:08:02,320 Speaker 1: in preventing gun violence in this country. He also called 128 00:08:02,360 --> 00:08:04,960 Speaker 1: for raising the federal minimum age for purchasing a rifle, 129 00:08:05,080 --> 00:08:09,840 Speaker 1: which again is currently eighteen years quote. Until we change that, 130 00:08:09,880 --> 00:08:12,280 Speaker 1: a high school senior can roll into a gun shop 131 00:08:12,400 --> 00:08:15,080 Speaker 1: and lawfully by and assualt rifle in the same one 132 00:08:15,080 --> 00:08:18,040 Speaker 1: I carried on a t F squat team, nothing's ever 133 00:08:18,200 --> 00:08:25,679 Speaker 1: going to change. Today's episode is based on the article 134 00:08:25,920 --> 00:08:28,960 Speaker 1: HR eight mandates gun background checks? Why is it stuck 135 00:08:29,000 --> 00:08:31,040 Speaker 1: in the Senate? On how stuff works dot com? Written 136 00:08:31,040 --> 00:08:33,959 Speaker 1: by Patrick J. Keaiger. Brainstuff is production of I Heart 137 00:08:34,040 --> 00:08:36,080 Speaker 1: Radio in partnership with How Stuff Works dot com and 138 00:08:36,080 --> 00:08:39,600 Speaker 1: it's produced by Tyler Klang. Four more podcasts My Heart Radio, 139 00:08:39,760 --> 00:08:42,520 Speaker 1: visit the iHeart Radio app, Apple podcasts, or wherever you 140 00:08:42,559 --> 00:08:43,840 Speaker 1: listen to your favorite shows.