Facing pushback on his vote against expanding the scope of background checks for gun purchases, Sen. Dean Heller (R-NV) is obscuring his vote against the policy with the use of a familiar tactic: claiming to have supported it anyway.
In a letter to inquiring constituents, obtained by Nevada reporter Jon Ralston and posted online Wednesday, Heller insisted that he’s “adamant” about fixing the background check system and that he has not only voted for but also cosponsored legislation to “close existing loopholes” within it.
“I have been adamant from the beginning of the gun control debate that our current background check system needs strengthening and improving, particularly in areas that could keep guns out of the hands of felons and the mentally ill,” Heller wrote. “We need to increase submission rates of disqualifying records by states as well as close existing loopholes in the National Instant Criminal Background Check System (NICS).”
“You may be interested to know, I am an original cosponsor of bipartisan legislation,” he continued, “to strengthen our current background check system and close loopholes related to the mentally ill. This legislation provides clarity to existing law and is a common sense approach to preventing unnecessary violence.”
Heller’s remarks are accurate but misleading, and create the impression that he’s a strong supporter of background checks. But he voted against — and helped kill — legislation by Sens. Joe Manchin (D-WV) and Pat Toomey (R-PA) to expand them. The bill he voted for was championed by the National Rifle Association and would have kept loopholes open for criminals who wanted to avoid background checks when buying a firearm at a gun show. It would have increased the amount of mental health reporting in the database and restored gun rights for certain categories of individuals. The legislation also fell, despite his vote.
His tactic has been used by numerous Republican senators, including Jeff Flake (AZ) and Kelly Ayotte (NH), as well as their allies, to defend their votes against popular legislation to mandate background checks for firearms sold at a gun show or on the Internet.
Heller’s office confirmed the authenticity of the letter to TPM and said it was sent to constituents “who already contacted Senator Heller about Manchin/Toomey.”
“These letters were sent to individuals,” his spokesman Chandler Smith said by email. “Knowing these constituents were interested in the topic, Senator Heller informed them what else Congress is doing to address their area of concern. Because there has been such a focus on advancing only one piece of gun legislation, many constituents may not be aware of just how many different pieces of legislation Congress has considered on this issue.”
Michael Bloomberg’s gun control group has slammed the GOP legislation Heller invoked and took aim at Heller for claiming to support background checks.
“Senator Heller is unfortunately the latest Senator to point to his vote for a gun lobby-created bill that would have actually made it easier for the dangerously mentally ill to get their hands on guns,” Erika Soto Lamb, a spokeswoman for Mayors Against Illegal Guns, wrote in an email to TPM. “We hope that Senator Heller — and the other Senators who have also pointed to votes for decoy amendments — will reconsider his vote and instead support the legislation proposed by NRA A-rated Senators Manchin and Toomey that would have actually strengthened the background check system and helped save lives. Eighty-six percent of Nevada voters support requiring background checks for all gun sales — Senator Heller should stand with them.”
