This bill would extend the initial background check review period for gun purchases from three business days to 10 business days, and require licensed gun dealers to request an escalated review by the Federal Bureau of Investigation (FBI) that’d last another 10 business days if the initial background check isn’t resolved. If the escalated review isn’t completed within 10 business days, the licensed gun dealer would be allowed to transfer the firearm to the buyer in question as long as the dealer certifies they have no reason to believe the buyer should be barred from obtaining a firearm. (Under current law, if a background check isn't completed within three business days of its submission the gun purchase can proceed.)
What is House Bill H.R. 1112?
Cost of House Bill H.R. 1112
In-Depth: House Majority Whip Jim Clyburn (D-SC) introduced this bill to close the so-called “Charleston loophole” by requiring gun dealers to wait longer than three business days for a completed background check to transfer a gun to a potential buyer. The loophole allowed a gunman who murdered nine and wounded three others after they received a gun because the FBI background check, which would’ve prevented their gun purchase because of a drug arrest, wasn’t completed within three days. Clyburn offered the following statement on his bill:
“The real tragedy of the Emanuel Massacre is that it could have been prevented. We need to ensure that background checks are completed before weapons are sold. This legislation seeks to provide, with as much certainty as possible, that guns are not sold to those who ought not have them.”
Original cosponsor Rep. Peter King (R-NY) added:
“Very simply, law enforcement needs the tools and the time to ensure that those individuals who should not have guns do not get guns. I am proud to work with Congressman Clyburn to prevent another tragedy from happening.”
Opponents of this legislation have pointed out that under current law even if the unlicensed buyer takes possession of the gun after three days, the Federal Bureau of Investigation continues to resolve the background check for up to 90 days. If it turns out that the buyer should’ve been prohibited by the background check and the gun was transferred, the ATF is notified and steps are taken to confiscate the weapon and potentially prosecute the buyer.
Summary by Eric Revell(Photo Credit: iStock.com / Marina_Skoropadskaya)
Enhanced Background Checks Act of 2019
To amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee.
- Not enactedThe President has not signed this bill
- The senate has not voted
- The house Passed February 28th, 2019Roll Call Vote 228 Yea / 198 Nay
Committee on the JudiciaryCrime, Terrorism and Homeland SecurityIntroducedFebruary 8th, 2019
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