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house Bill H.R. 3051

Should Gun Sellers Have to Wait for a Completed Background Check to Transfer a Firearm?

Argument in favor

If a background check is a required step in the process for an unlicensed buyer, there shouldn’t be an exception that allows the buyer to take possession of the gun when a background check takes more than three business days.

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03/29/2016
"I come from a state that has virtually no gun control. And yet, at political peril, I voted for an instant background check, which I want to see strengthened and expanded." [ontheissues.org]
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BarackObama's Opinion
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03/29/2016
"Each time this comes up, we are fed the excuse that common-sense reforms like background checks might not have stopped the last massacre, or the one before that, or the one before that, so why bother trying. I reject that thinking... We know we can’t stop every act of violence, every act of evil in the world. But maybe we could try to stop one act of evil, one act of violence." [whitehouse.gov]
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Steven's Opinion
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02/29/2016
Will the customer die if he doesn't get the firearm prior to the background check being completed? Call the police, or is the customer going to go "Charles Bronson" Death Wish and deal with it himself? A background check for a deadly weapon, a customer can wait. If he needs it that urgently, there's more going on.
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Argument opposed

It shouldn’t take more than three business days to complete a background check on an unlicensed prospective gun buyer, and if it does the business owner should be able to transfer the gun at their discretion.

DonaldTrump's Opinion
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03/29/2016
"The overwhelming majority of people who go through background checks are law-abiding gun owners." [donaldjtrump.com]
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BTSundra's Opinion
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02/25/2016
These loopholes don't exist, like as the "Gun Show Loophole". Let's not throw money away voting on things that don't have any effect.
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Phylos's Opinion
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02/26/2016
This will have zero measurable effect on crime.
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What is House Bill H.R. 3051?

This bill would amend the federal criminal code to prohibit a licensed gun dealer from transferring a firearm to an unlicensed person before a background check has been completed.

Under current law licensed gun dealers may allow firearms to be transferred to an unlicensed person if a background check remains incomplete three business days after it was submitted.

Impact

Unlicensed gun buyers and licensed gun dealers; people and entities administering background checks.

Cost of House Bill H.R. 3051

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. James Clyburn (D-SC) introduced this legislation to close the procedural loophole that allowed the Charleston shooter to murder nine people in June 2015:

“The Background Check Completion Act will guarantee that no gun is sold by a licensed dealer until a background check is completed. Tragically, the Charleston shooter was allowed to purchase a gun even though the FBI had not completed his background check. This should never be acceptable. My bill is a commonsense fix to our nation’s gun laws, and I call on my colleagues in Congress to move it immediately towards passage.”

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.

This bill currently has 58 cosponsors in the House, all of whom are Democrats.



Media:

Summary by Eric Revell
(Photo Credit: Flickr user Daniel Oines)

AKA

Background Check Completion Act

Official Title

To eliminate the requirement that a firearms dealer transfer a firearm if the national instant criminal background check system has been unable to complete a background check of the prospective transferee within 3 business days.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
      Crime, Terrorism and Homeland Security
    IntroducedJuly 14th, 2015
    "I come from a state that has virtually no gun control. And yet, at political peril, I voted for an instant background check, which I want to see strengthened and expanded." [ontheissues.org]
    Like (165)
    Follow
    Share
    "The overwhelming majority of people who go through background checks are law-abiding gun owners." [donaldjtrump.com]
    Like (58)
    Follow
    Share
    "Each time this comes up, we are fed the excuse that common-sense reforms like background checks might not have stopped the last massacre, or the one before that, or the one before that, so why bother trying. I reject that thinking... We know we can’t stop every act of violence, every act of evil in the world. But maybe we could try to stop one act of evil, one act of violence." [whitehouse.gov]
    Like (110)
    Follow
    Share
    Will the customer die if he doesn't get the firearm prior to the background check being completed? Call the police, or is the customer going to go "Charles Bronson" Death Wish and deal with it himself? A background check for a deadly weapon, a customer can wait. If he needs it that urgently, there's more going on.
    Like (10)
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    These loopholes don't exist, like as the "Gun Show Loophole". Let's not throw money away voting on things that don't have any effect.
    Like (9)
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    This will have zero measurable effect on crime.
    Like (5)
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    Trust the store owner to sell 'at their discretion'? That is a dangerous idea and would allow unqualified individuals to decide who is and isn't armed.
    Like (4)
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    Of course they should have to wait. Who has big plans in 3 days when they get their gun that can't be put off a couple more days? Anyone that raises their hand probably shouldn't have a gun anyway!
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    A background check does not inhibit anyone's second amendment rights...
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    No
    Like (3)
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    Guns are big business. That doesn't mean it's ok to conduct business without the proper safety checks. If someone wants a gun badly enough that they can't or won't wait for a background check then they either shouldn't have one, or have a dangerous circumstance that should be reported to police who have the weapons, training, and authorization to use them when necessary.
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    20 dead children. Their blood is on the hands of whoever votes against common sense laws. We have done NOTHING since that day thanks to the strong arm of NRA propaganda and it makes me sick. I will never vote for someone who isn't level headed about gun laws.
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    I have mixed feelings about this. Naturally, people who pose a danger to others should not be facilitated by the system. However, this law could also be used by our government to prevent gun sales entirely, simply by delaying or stopping the vetting process. Allowing sales to move forward after some defined period provides incentive for agencies to ensure the process is streamlined, timely, and effective.
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    This is a state issue, not a federal issue. Where does the constitution grant federal regulatory power here? No where.
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    I am a gun owner myself, a veteran and a patriot. Now while i do not want to ban assault weapons or make more gun free zones, this is a sensible plan to keep firearms out of people who pose a risk to themselves and others. The citizenry should not feel that the government is taking guns away, just taking measures to prevent horrific mass shootings from unstable individuals.
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    Again, there are no loopholes. Read "hands off my gun" for a full fact check on current gun laws and complete history of gun control. Everything is documented with facts, not BS.
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    Preach! I love going shooting and I love my second amendment but there has to be stricter background checks, mental health backgrounds as well. People with known mental disorders, schizo, severe bipolar, depression etc. should have to pass stricter background checks to purchase firearms. Violent crime felons and career violent/petty crime individuals should be denied the right to purchase firearms. I also know that criminals will get guns regardless of background checks through theft, private sales and so on but maybe this would help prevent even a couple violent criminals from getting guns.
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    Common sense.
    Like (1)
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    we should overwhelmingly outlaw gun ownership except for fairly narrow circumstances, so any incremental restrictive law towards those ends, I'm in favor
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    I'm not sure this requires words, if people wanted to get guns illegally, they are not going to buy them from legal gun owning citizens, it would also make it impossible to sell out firearms, who many times we just sell to friends anyway
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