The Art of the Senate’s Performative Gun Deal

New “breakthrough” law evidences broken system

If you sensed that something in the psyche of America shifted following the massacre at Uvalde  elementary school, you weren’t alone. Republicans sensed it too, and for the first time in a while, they were scared. Cracks in their united opposition to new gun legislation began to show. Even Mitch McConnell, the “grim reaper” himself, offering a tepid nod to exploring legislative prospects.  

After weeks of high drama, this past Sunday came the announcement that the impossible may be happening. Senate negotiators had reached tentative agreement on the most “sweeping” gun legislation to have passed since the Brady Bill that outlawed assault weapons. Cut scene, print, go hit the talk shows and wax eloquent about the “art of the possible” and how centrism and compromise produces results.  

But, wait, what about the actual results in the agreement? Is it indeed a baby step? Or is it mostly bathwater desperately in search of a baby? 

What the bills is reported to do:

1. Provide funding for mental health.

2. Support state efforts to implement “red flag” laws.

3. Funding for school safety initiatives.

4. Enhanced screening for gun buyers under 21.

5. Penalties for “straw purchases”.

What it does not do:

1. No universal background checks

2. No mandate for red flag laws in states that don’t have them.

3. No ban on assault weapons.

4. No reigning in of concealed carry and open carry laws.

5. No magazine size restrictions.

6. No ammunition restrictions. 

In fact, what the bill fails to do is really shift the status quo in any meaningful way. And contrary to the crowing of centrist Democrats, the law (assuming it passes) will not pave the way for more significant legislation. It gives Republicans precisely what they want - immunity from criticism, while doing so little in practical terms that in years to come they can rightfully claim that laws don’t affect gun violence. In fact, the bill does more to service Republican talking points that anything else. 

The bill is almost entirely voluntary in terms of state requirements , so in reality, states already embarked on extremist gun policy, will simply continue to march. The continued militarization of schools also advances Republican goals while burnishing them as the party of “law and order”. Never mind the violent crime we are experiencing is being fed by easy guns. 

One of the more vexing aspects of the bill is its provision for mental health funding. By further equating gun violence and mental health issues, it serves to refocus Americans away from easy access to guns. Consider that if this country genuinely wished to bolster mental health, we would build an actual mental health system, rather than toss money into the wind. And we would finally account for president Reagan having gutted the system we had in the 1980’s.

One of the most troubling ironies of Reagan is that he received (at tax payer expense) the kind of mental healthcare he denied the rest of the country. To this day, most of our mentally ill are on the streets. Hardly an affirmation of American exceptionalism. 

But most importantly, this bill will serve to diffuse public urgency for a bill that is less performative and more substantive. And that really is likely the main goal of Republicans here. To take an issue out of the upcoming election cycle that could leave them vulnerable to the public’s wrath. A wrath they most assuredly deserve. 

Rest assured, this bill will leave wide open the door through which the next mass shooter will walk through to commit their carnage. 

Timothy P. Holmberg

Lead image via Everytown Research & Policy