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This is a RUSH transcript from "The O'Reilly Factor," February 01, 2013. This copy may not be in its final form and may be updated.

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INGRAHAM: In the "Fridays with Geraldo" segment tonight as we've been reporting Democrats have been pushing new gun laws in the wake of the massacre in Newtown, Connecticut. But now the leader of the PAC Vice President Joe Biden is telling reporters the new gun laws probably wouldn't prevent another Newtown. Quote, "Nothing we're going to do is going to fundamentally alter or eliminate the possibility of another mass shooting. But there are things that we can do. That have virtually zero impact on our Second Amendment right to own a weapon for both self-defense and recreation that can save some lives," unquote. Joining us now from New York, Fox News host Geraldo Rivera.

GERALDO RIVERA, HOST OF "GERALDO AT LARGE": Hi, Laura.

INGRAHAM: Geraldo, it's great to see you. What about Biden now? I mean he seems like he is sounding like he could say something on my radio show. Something I would have said. What's going on?

RIVERA: Well, first of all, I think the vice president is absolutely correct when you consider that these grotesque massacres perpetrated by crazy people, wielding assault style weapons with extended magazines are a tiny percentage of the victims of gun violence in the country. Banning the assault weapon, banning the extended magazine, although I am in favor of doing whatever we can, are largely symbolic efforts. So he is absolutely right about that. I think what he is alluding to, Laura, is the push for universal background checks on all gun sales, including those private sales, either transactions, totally privately, or at gun shows where they put up a sign that says private sale and, therefore, exempt themselves from federal gun background checks. I think everyone who sells or transfers a gun should have a federal background check done on the purchaser, I think a record should be made. Any gun lost, stolen ...

INGRAHAM: Yes.

RIVERA: I think that that's a good idea that can be helpful. But I've got a way to do it. And this is the way to do it. What Vice President Joe Biden should be pushing right now is to expand New York City's stop and frisk law to every police precinct in this country with the level of gun violence rises above a certain threshold level. We should have every cop, if they suspect reasonably that a person is carrying a weapon or doing something nefarious or criminal, the cop has the right to pat them down ...

INGRAHAM: ... the NAACP ...

RIVERA: ... as they are here in New York, which has been hugely successful.

INGRAHAM: The NAACP will be against that. I imagine groups like La Raza will have problems with that -- I mean could see the ACLU all over that, that's interesting. One thing, Geraldo, dovetailing from what Biden said, though, most of the killings in places like Chicago, for instance, they take place with handguns.

RIVERA: Right.

INGRAHAM: And not just the 9-millimeter with a 15 bullets in the magazine type deal, but about 38 specials. I mean there aren't guns that are going to be banned. So, the idea of banning the AR-15, what is it -- .6percent of all killings ...

RIVERA: I agree.

INGRAHAM: ... that are committed with that, that kind of "assault weapon."

RIVERA: I agree.

INGRAHAM: So, that is silly. Is it a concession by the White House that they know they are not going to get anything like that through?

RIVERA: It might be a concession by the White House to what is possible. Because they know they are not going to get the assault weapons through. But you mentioned Chicago. Compare Chicago with New York, New York has stop and frisk. Chicago has three and a half times more murder per capita than New York does.

INGRAHAM: That (inaudible) more gang violence.

(CROSSTALK)

INGRAHAM: More gang violence?

RIVERA: Absolutely more gun violence.

INGRAHAM: Yeah. OK.

RIVERA: So, you have my stop and frisk idea, you see a gang banger, a bunch of them hanging out on the street, that cop, if it's in a precinct that has a certain level of gun violence, that cop has the right to go roust those kids, all right, what are you doing here? What have you got in your pocket? Let me -- that's how you eliminate ...

INGRAHAM: Let's move on.

RIVERA: ... that gun violence by going to the criminal perpetrator.

INGRAHAM: Yeah, let's move on -- let's move on to HHS, Geraldo ...

RIVERA: OK.

INGRAHAM: Because we are almost out of time. HHS, contraception mandate, all these lawsuits about 40 or so filed against the administration. Most on religious grounds. Now, HHS comes out with a slightly expanded exemption. Tell us about it.

RIVERA: Well, the exemption -- I'm looking for the name of the company. The Hobby ...

INGRAHAM: Hobby Lobby.

RIVERA: Hobby Lobby, right. Hobby Lobby is a Christian owner of this crafts chain who said that he is not going to provide abortion-related services or birth control related services because he personally as a Christian opposes it. Now, the new expanded exemptions to the federal mandate for having contraceptive coverage and coverage for morning after pills and so forth only applies really to non-profits. So, Hobby Lobby still ...

INGRAHAM: They are out of luck.

RIVERA: ... must provide something. What I say is in this case, have the groups that are pro-choice, pro-abortion, create a pool, an insurance pool entirely private so that people like this conscientious Christian, Hobby Lobby owner don't have to do something that is reprehensible to his personal moral code.

INGRAHAM: Right, well. I mean ...

RIVERA: Let the private people provide that service so everybody has access ...

INGRAHAM: Yeah.

RIVERA: ... but you don't force it down their throat

INGRAHAM: It's still a narrow. This exemption is still quite narrow ...

RIVERA: It is.

INGRAHAM: ... and it's just religious institutions that are nonprofit. Well, Geraldo, I'm listening to you, you're sounding like you are putting together policy papers almost like a future senator.

RIVERA: How did you -- how did you know ...

INGRAHAM: That's what a senator would do, Geraldo ...

(CROSSTALK)

RIVERA: Thank you so much.

INGRAHAM: I mean, you got stop and frisk. You've got the HHS pool of new types of insurance. Are you serious about this Senate run? When are you going to make a decision?

RIVERA: Well, I'm seriously contemplating. My wife Erica and I are talking about it. We are exploring it. Very excited as New Jersey residents. We can revive, we think, the morals (ph) on the GOP in the Garden State. Hopefully, get the support of people like our incomparable Governor Chris Christie ...

INGRAHAM: Yeah.

RIVERA: ... and others. But I've got my fingers crossed and I'm also probing it. But it's something we are seriously considering. Yes, definitely.

INGRAHAM: All right, Rivera pack.

Geraldo, it's great to see you.

RIVERA: Move to Jersey.

INGRAHAM: All right, well, OK.

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