Federal Pact With Gun Maker Stands

The House narrowly beat back an effort Monday to scuttle the government’s pact with the nation’s largest gun manufacturer for the use of safety devices, a week after lawmakers sent a mixed message on the issue.

By a 201-196 roll call, lawmakers rejected a provision that would have barred the Justice Department from enforcing the agreement reached last March between Smith & Wesson and federal, state and local officials. The vote, on an amendment to a spending bill, was a setback to rival gun makers and the National Rifle Assn., which have criticized the pact.

Rep. John N. Hostettler (R-Ind.), who sponsored the defeated provision, said such steps should be taken only by Congress, not federal agencies.

“This is backdoor gun control through coercion and through threat of litigation,” he said.

Opponents said Hostettler’s aim was to dismantle the agreement. They said the deal would help reduce the numbers of children killed by guns, which they said averages 12 per day.

“This is Smith & Wesson trying to do the right thing, and being attacked for doing the right thing,” said Rep. Jose E. Serrano (D-N.Y.).

Under the accord, Smith & Wesson agreed to begin installing child safety locks and to develop “smart gun” technology that would allow a weapon to be used only by its owner. It also agreed to take steps such as allowing its licensed dealers to sell guns only after background checks of the purchaser.

In return, federal, state and local governments agreed to make Smith & Wesson firearms their “preferred” choice when buying guns for law enforcement officers. That means that when choosing among similar, equally priced guns, the edge would go to Smith & Wesson weapons.

So far, at least 411 communities have signed onto the pact. Smith & Wesson remains the only gun manufacturer to have done so.

Participants also agreed to drop pending lawsuits against Smith & Wesson and to file no new suits. The Clinton administration had threatened to bring legal action against the industry if manufacturers failed to enter negotiations aimed at increasing gun safety.

Last Wednesday, the House voted 219-206 against legislation that would have forbidden the Department of Housing and Urban Development from enforcing the agreement. That agency and its secretary, Andrew Cuomo, have been at the forefront of forging the deal and encouraging local governments to join.

That same evening, the House also voted 218-207 to prevent HUD from working with the Communities for Safer Guns Coalition. That coalition represents the group of communities that have agreed to give a preference to Smith & Wesson.

Hostettler sponsored both of those amendments as well.

The spending bill was a $35.5-billion measure for the coming fiscal year financing the departments of Commerce, Justice and State.

The White House has warned that President Clinton would veto the overall bill because it cuts his requests for money for hiring new police officers and local gun-law prosecutors, for grants to high-technology companies; and for U.S. contributions for U.N. peacekeeping missions.

It would also more than halve his $340-million request for the Legal Services Corp., which provides legal aid to poor people.