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We're All Gun Nuts Now
The Democrats sidle up to the Second Amendment.
by John McCormack
05/19/2008, Volume 013, Issue 34

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During a campaign debate on April 16, Barack Obama and Hillary Clinton were asked if the District of Columbia's ban on gun possession, now facing a challenge before the Supreme Court, is constitutional. "I think a total ban, with no exceptions under any circumstances, might be found by the Court not to be. But I don't know the facts," said Clinton (Yale Law '73), dodging the question for the third and final time. Obama (Harvard Law '91) also pleaded ignorance, confessing he hadn't "listened to the briefs and looked at all the evidence."

When moderator Charlie Gibson pointed out that Obama's handwriting was on a 1996 candidate survey that said he favored banning handguns, Obama flatly denied his writing was on the questionnaire, contradicting what a campaign staffer had told Politico weeks earlier. Asked if he still supports licensing and registering guns, Obama said he favors "common-sense approaches" to gun control like keeping guns from "the mentally deranged." When Clinton was asked if she maintains her past support for licensing and registration, she too sidestepped the question, saying, "What might work in New York City is certainly not going to work in Montana."

With both contenders for the Democratic presidential nomination evading the gun control issue as if it were sniper fire, you couldn't blame gun control advocates for feeling bitter. Yet Paul Helmke, president of the Brady Campaign to Prevent Gun Violence--the pro-gun control counterweight to the National Rifle Association--says Obama and Clinton are "coming fairly close to delivering the message we'd
like." On licensing and registering guns, Helmke says, they are "being realistic" in recognizing "there's no support for pushing that forward at this stage." His thoughts on the candidates' ducking questions on the D.C. gun ban? "They're politicians, and most politicians on tough calls do not answer."

The reason Helmke doesn't feel abandoned on licensing, registration, and the D.C. gun ban is that the Brady Campaign has shelved those goals, in favor of a more modest, incrementalist strategy. Though licensing and registration remain official Brady Campaign policy, Helmke says he hasn't even talked about them with anyone on staff since he became president in 2006.

In 2007, Helmke called the appeals court decision striking down the District's gun ban "judicial activism at its worst," but now he gives the impression he wouldn't mind losing the case in the Supreme Court. A loss "could be good politically for the gun control movement and these candidates," he says. "If folks know the Supreme Court's not going to allow anybody to confiscate their guns, then background checks really shouldn't be something you oppose."

Indeed, a loss could create an opening to advance what Helmke calls "middle of the road" issues. He expects both Obama and Clinton to pursue the Brady Campaign's top three legislative priorities: closing the gun show loophole, expanding access to gun trace data, and banning "assault weapons."

Like Obama and Clinton, McCain favors closing the "gun show loophole," which allows private individuals, unlike licensed gun dealers, to sell their guns without performing background checks. This has a decent chance of becoming law in the next couple of years.



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