The proposed Freedom Act Bill was passed last night in the Senate Select Committee on Intelligence, but ultimately failed in the Full Senate. The bill concerns ‘Red Flag Laws’ which permit state courts to temporarily remove a firearm from an individual who is believed to pose a danger to themselves or others. 19 states have a form of such laws, as well as the District of Columbia.

Sponsored by senior Democratic senators Chuck Schumer (NY-Sr.), Ron Wyden (OR-), and Mark Warner (VA-Sr.), the Freedom Act aims to ban red flag laws on a national level, causing quite a stir. For starters, the bill was created by democratic senators who all have a past of speaking highly of Red Flag Laws. The bill threatens to take away highway funding from states that do not follow the ban. While some senators view it as extreme, other senators argue that people should not have their second amendment rights obstructed.

“My colleagues and I… believe that red flag laws are unconstitutional, taking away the right of Americans to bear arms” Wyden stated in his explanation of the bill to the Senate Select Committee on Intelligence. “We believe that as people… in America, we should be able to have guns… because it is a constitutional right.”

Within their explanation of the bill, Schumer added, “we have no mercy… if states don’t abide by this ban, highway funding will be pulled.”

One of the most controversial aspects of the proposed law is that people with a history of gun violence still have a right to gun ownership. This includes all types of guns, from pistols to assault rifles. However, this is not without its critics. Some argue these individuals should not be allowed to own firearms, as it poses a significant risk to public safety.

Additionally, the question was raised by Louisiana senator John Kennedy, “Why did you decide to punish states by pulling highway funding as opposed to pulling any other types of funding?” Warner responded by explaining how they got inspiration from The Federal Uniform Drinking Age Act of 1984. “We’ve seen it work with the minimum drinking age. It's not actually required by the federal government but it's backed by highway funding so… we've seen it's an incredibly powerful incentive so we thought… ‘it worked before why not just use it again?’”

During the motion for an amendment session, a motion was made to strike section 3ai  made by Republican Senator Ted Cruz from Texas. Section 3Ai states 100% of highway funding will be withheld if a state “does not eradicate Red-Flag Laws within 90 days after [the] passing [of] this Act”. However, it was deemed unfriendly and was struck down. While the sponsors of the bill were open to amendments to the bill, none were added. Ultimately the bill was passed in the Senate Select Committee on Intelligence, with a vote of 14-13.

During the Full Senate session, the Senators were questioned about their drastic shift in stances on gun control, including Schumer’s most recent support of the Bipartisan Safer Communities Act of 2022, which, among a plethora of other measures, incentivized states to create the exact Red Flag Laws that the Freedom Act is attempting to ban. The senators responded by emphasizing their belief in the protection of Americans’ second amendment rights.

Despite considerable support within the Full Senate, the bill failed, due to the threat of the entire removal of highway funding in states, as well as the ethics surrounding the bill’s context.

The Senate passed the Freedom Act last night in a narrow margin of 14/13 after intense debate. Spearheaded by democratic Senators from Oregon, Virginia and New York, the bill instates a national ban on red flag laws (gun violence prevention laws that permit a state court to order the temporary removal of firearms from people they believe may present a danger to themselves or others), and mandates that highway funding will be completely cut from states who continue to use such laws. The bill will be enforced and funded by the Department of Justice, and will take effect 91 days after passage. 

An unprecedented move from the current democratic majority in the Senate, the Freedom Act will directly contradict the Bipartisan Safer Community Act of 2022 signed by President Biden which, among other measures, incentivized states to adopt red flag laws. Although the final vote showed that the majority of democrats still opposed this bill, the rogue democrats in support gave it just enough power to pass. 

The primary argument by the Freedom Act's supporters is that red flag laws are fundamentally unconstitutional, as they threaten the Second Amendment's right to bear arms. In an interview with the press, democratic majority leader Chuck Schumer uncharacteristically agreed that it was his job as a politician to uphold the constitution, and because of that, he must place those rules above anything else, therefore endorsing the bill. This is especially unexpected coming from him as just last May he supported the Bipartisan Safer Communities Act, which incentivized red flag laws. 

For the Senate debate, the most controversial aspect of the Act was the highway funding cuts. When asked by a colleague about the amount and prevalence of these cuts, Virginia senator Mark Warner stated that "we have no mercy" and went on to explain that the 100% funding cuts would apply to all states. However, he then explained that because of the incentive provided by the high stakes, these funding cuts would rarely, if ever, be necessary because states would generally rather comply than risk their highway funding.

To counter controversy over these highway funds, in another show of unexpected behavior from a well established party, Senator Ted Cruz of Texas proposed an amendment that would make the highway funding cuts only 50% instead of 100%, but it was voted down. 

When this bill comes into effect, it will have significant consequences in terms of preserving the safety of those threatened by gun violence, and marks an unprecedented turn of events in the democratic position, signifying a potential shift in policies that used to be governed by the democratic majority. 

As of now, the Freedom Act is awaiting a decision from the entire Senate, and the Intelligence Committee is considering a different and more moderate bill proposed by Ted Cruz and senators from California and Arizona – more updates are to come.