CHARLESTON, W.Va. — The U.S. Senate on Tuesday agreed to begin debate on a gun safety measure, hours after a bipartisan group released the legislative text.
West Virginia’s senators — Democrat Joe Manchin and Republican Shelley Moore Capito — joined 62 other lawmakers in voting to advance the bill.
The legislation’s release and the 64-34 vote came more than a week after a coalition of 20 senators announced a framework including an enhanced background check system for people younger than 21 in addition to funding for states to implement “red flag” laws.
Discussions among senators began after a gunman killed 19 students and two teachers at an elementary school in Uvalde, Texas. The group consists of equal representation from the Republican and Democratic caucuses; Manchin is part of the coalition.
Sens. Chris Murphy, D-Conn.; John Cornyn, R-Texas; Kyrsten Sinema, D-Ariz.; and Thom Tillis, R-N.C., finalized the legislative text.
“Our legislation will save lives and will not infringe on any law-abiding American’s Second Amendment rights. We look forward to earning broad, bipartisan support and passing our commonsense legislation into law,” the four senators said in a joint statement.
The Bipartisan Safer Communities Act includes $750 million for states to administer “red flag” laws to prevent some people from accessing firearms. Those individuals would have to be deemed a significant threat to themselves or other people. States could also use the funds for establishing mental health courts, drug courts and veterans courts. Support for the effort would come in the form of grants.
The legislation also requires a more rigorous review of background records of gun buyers between the ages of 18 and 21. The process would include a review of possible juvenile records and would take up to 10 days.
Senators also included language for closing the so-called “boyfriend loophole” by adding people convicted of domestic violence while dating someone to the National Instant Criminal Background Check System. People could be removed after five years from the completion of their sentence if they do not have any other issues.
The legislation also provides $11 billion for mental health services and investments to expand similar services in schools, including training for school-based mental health professionals and out-of-school programs.
During a press conference with reporters last week, Manchin described the proposal as “based around children.”
“No one should have to think about their children going to school or their grandchildren going to school in the morning and being in harm’s way and not coming home,” he said.
Manchin and Pennsylvania Republican Pat Toomey led an effort to increase background checks after the 2012 shooting at Sandy Hook Elementary School in Connecticut. The legislation failed to overcome the Senate’s 60-vote filibuster.
Senate Majority Leader Chuck Schumer, D-N.Y., and Senate Minority Leader Mitch McConnell, R-Ky., back the gun safety bill.
“This bipartisan gun-safety legislation is progress and will save lives. While it is not everything we want, this legislation is urgently-needed,” Schumer said. “As the author of the Brady-background checks bill, which passed in 1994, I am pleased that for the first time in nearly 30 years Congress is back on the path to take meaningful action to address gun violence.”
Capito previously expressed encouragement about the bipartisan talks, but she wanted to “analyze these proposals and subsequent legislation” before stating a position.
“My vote this evening is a vote to continue this critically important debate because it’s a debate worth having. My vote also recognizes the hard work my colleagues have done on the framework,” she said Tuesday in a statement.
“Increasing funding for mental health services, school safety initiatives, and in our background check system, are all worthwhile. This bill is not about issues such as red flag laws, which will never be enacted in our state. This bill is about addressing issues such as mental health. It is also about keeping law abiding and gun owning West Virginians safe.”
Gov. Jim Justice and state Attorney General Patrick Morrisey have spoken against “red flag” laws. Justice also signed a bill in 2021 prohibiting local agencies from enforcing new federal laws or presidential executive orders related to guns.
The House of Representatives previously passed legislation allowing federal courts to prevent some people from accessing firearms as well as a measure raising the minimum age for purchasing semi-automatic rifles to 21. West Virginia Reps. David McKinley, Alex Mooney and Carol Miller opposed the bills.