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Why Biden Won’t Fold on the Gun Ban

Yahoo News reports that Vice President Joe Biden met with New York Mayor Michael Bloomberg–the leading proponent of a theory of liberal governing known as “banning stuff I don’t much like”–to try to revive the gun ban that Harry Reid dropped from the Senate’s push for gun control legislation. Biden and Bloomberg “issued a joint appeal to members of Congress, urging lawmakers to ignore politics and do the ‘right thing’ by passing new federal gun-control laws.”

The phrase “ignore politics” means ignore the voters, to whom members of Congress are answerable and who they expect to punish them for going too far on this issue. As I wrote yesterday, in pushing the assault weapons ban, the White House put Reid in a difficult position. Reid rarely permits the Senate to carry out anything resembling responsible governance because he doesn’t want Democrats to have to vote on anything troublesome. Since most liberal policy ideas are terrible, Reid ensures they rarely have to come to the floor for a vote. But President Obama made gun control an issue, and wanted a whip count on a gun ban. So Reid gave him the whip count–publicly–which embarrassed the gun ban’s supporters because it showed that Democrats don’t like the legislation either, which is why it was dropped.

Which leads to a question we find ourselves asking an awful lot these days: What is Joe Biden doing?

The vice president is following a script heavy on emotion and symbolism and light on practicality. Of course, that’s national politics much of the time. But it hasn’t had much success thus far on the gun control debate. The best example of this failure is not Reid’s decision to pull the gun ban from a bill that might otherwise pass the Senate and at least enact some additional regulation of gun purchases, but rather what happened when New York State passed a gun bun.

New York Governor Andrew Cuomo appealed to emotion after the Newtown tragedy and created a crisis atmosphere to force through a restrictive gun ban. The bill Cuomo proudly signed was a perfectly contemptible example of bad governing. He would like it to go on his resume has having taken action on an issue of import, but it really attests to how ill-served voters are to have someone like Cuomo represent them in office. At Legal Insurrection, William Jacobson explains:

The NY Gun law effectively banned the purchase of new pistols because pistols are not generally made to hold 7-round magazines, and even if some manufacturers would produce such magazines for the NY market, it still presented a constitutional problem:  Under the Heller and McDonald cases, the state cannot effectively ban handguns either outright or by setting up irrational and onerous obstacles.

Such a law can only be written and supported by someone who doesn’t know much about handguns, constitutional law, or reasonable policy enforcement. So says Cuomo himself, about his own bill:

But after weeks of criticism from gun owners, Mr. Cuomo said on Wednesday that he would seek to ease the restriction, which he said had proved unworkable even before it was scheduled to take effect on April 15.

The gun-control law, approved in January, banned the sale of magazines that hold more than seven rounds of ammunition. But, Mr. Cuomo said Wednesday, seven-round magazines are not widely manufactured. And, although the new gun law provided an exemption for the use of 10-round magazines at firing ranges and competitions, it did not provide a legal way for gun owners to purchase such magazines.

The obvious question is: Couldn’t Cuomo have found all this out before signing the bill? And the obvious answer is: Absolutely. But Cuomo saw an opportunity to “do something” and took it. Which brings us back to Biden. The vice president and Bloomberg gave a press conference surrounded by family of victims of the Newtown massacre and urged the political class to pass a gun ban in the name of those victims. Isn’t this exactly what ran aground both in New York and in the U.S. Senate?

It is. But Biden has much more of a stake in passing hearty gun control than even Cuomo, and certainly than his boss in the White House or Harry Reid. Biden was tasked by President Obama with leading the way on gun control in the wake of the mass shooting in Connecticut. Biden is trying to build his own White House resume, independent of Obama’s, because while Obama never has to face the voters again, Biden may want to run for president to succeed Obama. To do that, he’ll need to prove he’s more than just a schmoozer. The only way Biden has a shot is by establishing competence and authority. Biden, unlike Obama, Reid, and even, to a lesser extent, Cuomo, has too much riding on this losing hand to fold.

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