minute: an identical version of the bill has to pass House and Senate, so if this rider gets tacked on at the last minute in the Senate it's got to go back to the House again, right? Can we allow the amendment to die without killing the junk lawsuit bill as well?
If the Senate amends the AWB to S.659, the House can strip the ban out of the bill. Unfortunately, this is pretty close to a death warrant for S.659 if the House is forced to do this. The House enjoys some advantages in the conference committees; but probably not enough to both pass S.659 and strip out the ban.
The NRA has already made it known publicly that they will allow S.659 to die before they will accept any renewal of the ban, so the House will have powerful incentive to kill S.659 before passing it with Feinstein's amendment.
The key here is the Senate floor though - there are currently 55 co-sponsors for S.659. That is enough to stop ANY amendment from being attached. The problem is that some of those co-sponsors are fair-weather supporters (like Sen. Tom Daschle) who need to be seen as pro-duck hunting before their reelection. If only 6 of those supporters defect, Feinstein may be able to attach her amendment.
We need to make sure that our Senators understand that we want S.659 to pass without any anti-gun amendments. This is a battle we can win; and it would be a huge setback for the antis to get beat in both the House (where they expected it) and the Senate (where they believe they can win).
If you live in Sen. Daschle or Sen. Feingold's district be SURE to hit them on this issue. Sen. Feingold and Sen Daschle are two Dems who both need to seem neutral on guns to keep re-election alive and both have made public statements meant to appeal to gun owners.
Just a tiny rider, really; not enough to earn the ire of the NRA, and below the radar of the duck-hunting public; something about machine guns...
To add to Tamara's comments, the 1986 FOPA also had been successfully killed in committee by the Democratic House for each of the previous seven years. So by 1986, it was considered to be a sure thing to die in committee again and the Dems made a big mistake.
In the House, if you have a majority of Representatives, you can vote to force a bill out of committee. Normally, the committee draws up a heavily amended version of the legislation they wish to kill in order to report that version out if things get tough; but the Dems were overconfident and failed to draw up any amendments to FOPA. As a result, they were taken by surprise when the bill had enough votes to get forced out of committee.
At the last second (last 4 minutes of debate actually), they amended FOPA with the Machinegun Ban on a protested voice vote (no vote is officially recorded, everybody yells "Aye" or "Nay" and the committee chairman decided that the amendment had passed). Requests to have a roll call (recorded) vote were denied and the Dems got away with it because they controlled the House and the Rules committee. The ban was amended to FOPA on the basis of this vote - a vote that even Capitol Hill's Roll Call noted was a bit "unusual".
At this point, the NRA could have had the bill killed off in either the Senate or by Presidential veto; but they decided that the good outweighed the bad (I agree) and that they were unlikely to get the chance to get the bill to the floor again since it would be hard to surprise the Dems twice.