Manchin on board with proposed gun and school safety legislation

Jun. 14—The proposed bipartisan Senate legislation on guns and school safety has the support of Sen. Joe Manchin, D-W.Va., and he is confident the final bill will pass with at least 10 GOP senators on board.

"This is the way the process should work," he said of Democrats and Republicans working together to craft legislation to try to prevent another slaughter of children in schools. "We had to start somewhere ... and not run off the GOP."

Manchin said during a virtual press conference with West Virginia reporters Monday Senate Minority Leader Mitch McConnell has been involved in negotiations and, with that in mind, he expects more than 10 GOP senators to vote in favor of the legislation, which requires 60 votes.

Not everyone will get what they want, he said, but the action is designed to keep children safe. "If we can't do that, God help us all."

Proposals in the bill include an enhanced background check for anyone below 21 years old who wants to purchase an assault weapon; federal support to states who enact "red flag" measures to keep weapons from those deemed a significant danger to themselves or others; renewed investments in children and mental health services; funding for school safety resources as well as school-based mental health services; and protections for victims of domestic violence.

Although the legislation, which has not yet been finalized or introduced, does not include everything Manchin supports, he said it's about "as good as it's going to get" considering both parties are on board.

Provisions Manchin wanted but are not on the list include raising the age to purchase an assault weapon to 21, or a possible ban, as well as the requirement for background checks at gun shows.

However, the background checks that will include a waiting period for those under 21 will help, he said.

Some juveniles are in court early in their lives, and then get a clean slate when they turn 18, he said. Under the proposed new provisions, anyone under 21 will be subject to a background check and those previous juvenile records would be opened up for the checks.

"This was the best way to approach it," he said.

Manchin said the background checks would only include anything that was adjudicated, so reported concerns in public schools about troubled students or social media posts would not be in a database since charges and courts were not involved.

A waiting period would be needed for a purchase, but the length will depend on how long it takes to access those juvenile records, which may be two weeks or 30 days or more.

"There were a lot of talks about banning assault weapons," he said. "But we just don't get any support from our GOP friends on that."

Manchin has some reservations about a ban as well, including the confusion about the types of guns that would be listed in the ban since some people may not know the difference between "my deer rifle and an assault weapon."

Long rifles have traditionally been sold to those under 21 because they were needed for hunting, but an assault weapon does technically fit into the long rifle category.

A specific "red flag" law is not included in the package, but states will be given financial incentives to enact some version of the law, which allows guns to be confiscated from anyone who, after legal due process, is determined to be a threat to themselves or others.

"We are not mandating it," he said, but supporting the law will means grants for states.

Both West Virginia Gov. Jim Justice and Attorney General Patrick Morrisey have expressed concern over a red flag law, with individual rights and the process of enforcing the law the main issues.

"The key to the whole thing in West Virginia is proper due process," Justice said during his pandemic briefing Monday.

He did not say if he would support a proposal in the state until he saw the details.

"Let's wait and see if anything comes out of D.C.," he said of any legislation that passes.

Manchin said he is concerned about due process as well and law-abiding gun owners who pose no threat should always be protected.

"I would hope our legislators (in West Virginia) would look at this with an open mind," he said, with safe schools and a commitment to children the priority. He also said he would discuss the issue with Morrisey.

"We think it will help save lives," he added.

Manchin said such laws also have an impact on companies and people considering moving into a state.

"Anyone who wants to locate here will be wanting safe school systems," he said. "Safety for children will be their top priority right up there with the quality of education."

Enhancing security in schools is also a big part of the proposal and that includes programs to help institute safety measures in and around primary and secondary schools, support school violence prevention efforts and provide training to school personnel and students.

Federal grants will be available to do this, along with bringing into the schools more resources for mental health support and early identification and intervention.

"If we ranked low on safety, then shame on us," he said of West Virginia.

Manchin said that after Sandy Hook no one thought such an attack in a school would ever happen again, but it did, and "this one was particularly unbelievable," prompting the bipartisan effort, bringing people to the table.

But in working with people about gun control, he said there is a big difference between those who grew up in a "gun culture" and those who didn't.

Manchin said he grew up with guns, understands them and has taught his children about them and how to handle guns safely and responsibly.

Those not from a gun culture "don't understand," he said, and may not respect the rights of law-abiding gun owners quite so much.

Some people from other countries who are not familiar with a gun culture also are apprehensive, he said, and won't come here because they characterize the country as the "wild, wild West."

"Ever since Sandy Hook I have been wanting to do something sensible and reasonable," he said. "But I don't want to criminalize law-abiding gun owners (in the process)."

Manchin said he thinks once the bill is passed in the Senate and sent to the House, which passed its own version recently based primarily along party lines, legislators will concur.

Some Democrats in the House who want stricter gun laws than what is included in the Senate bill will most likely be on board because they never expected to get anything, he added.

"I would like to think, knowing the gravity of what we are facing, they will say that it's not enough, but it is a start," he said.

Manchin said a vote on the Senate proposal could come as early as this week.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com