For the past two weeks, the United States Senate has been debating proposed gun control legislation. With the tragedies of Newtown, Connecticut and Aurora, Colorado still fresh in our minds, the gun control debate possessed profound meaning for many Americans. As a mother and grandmother, I was especially moved by the images and stories of child victims and grieving parents. 

Now, in the midst of their loss, affected families desperately want to make a difference; they want to stop the violence; and they want to change our nation’s laws.

I respect their right, and understand their desire, to do so – the power of ordinary citizens to effect policy change is critical to democracy. At the same time, I believe it is important for policymakers to carefully consider possible legislative remedies to determine if the proposals will actually address the problem at hand; this is especially true of any legislation directly curtailing constitutional rights. 

As Aristotle said, “the law is reason, free from passion,” and we should legislate accordingly.

Many of the proposals that were offered would have little or no effect on violent crime – the very problem we are seeking to address in the first place. A number of federal laws to keep firearms out of the hands of criminals are already on the books – they just need to be enforced. Unfortunately, the Department of Justice has under-enforced these laws, choosing not to prosecute thousands of individuals with criminal records who fail existing background checks.  

According to a National Criminal Justice Reference Service study, of more than 76,000 people failing to pass their instant background checks when attempting to purchase a gun in 2010, only 4,700 investigations ensued, resulting in only 44 prosecutions.

It is just as critical to increase access to mental health services to identify and treat individuals who pose a danger to others and themselves. Too often, the lack of diagnosis and effective treatment has resulted in terrible tragedies; addressing access to weapons for those with mental health issues is a step in the right direction.

Responsible gun ownership is a fundamental American tradition. Firearms are used for recreation and hunting and are passed down from generation to generation. While serving in the Nebraska Legislature, I introduced and helped to pass the Hunter Mentoring Bill, which broadened Nebraska’s hunting laws to encourage more participation by young people. I also cosponsored and voted for legislation to secure concealed-carry rights for Nebraskans.

I recently traveled across Nebraska to meet with business and community leaders, citizens, and students to listen to their concerns. It is clear that the vast majority of Nebraskans oppose the Senate’s gun control measures. Thousands of phone calls, letters, and e-mails to my offices further reinforce this position. 

I agree, and therefore, voted against all gun control legislation. I did, however, cosponsor and vote in favor of an amendment, which would reduce violent crime by enhancing the federal government’s ability to prosecute those who fail background checks, or purchase weapons for criminals. The amendment improves the current background check system by increasing access to mental health records; it also bolsters school safety and requires a study of mass violence – the problem we are seeking to address. Unfortunately, the Senate did not adopt this commonsense, bipartisan measure.

Additionally, I was pleased to support an amendment offered by Senator Tom Harkin (D-Iowa), which would reauthorize essential mental health programs currently administered by the federal government. The bipartisan amendment enjoyed near unanimous support, demonstrating that there is real common ground on the need to diagnose and treat those suffering from mental illness.

I am grateful for the continued input of all Nebraskans and I thank you for participating in the democratic process. I look forward to visiting with you again next week.   

Deb Fischer
United States Senator