Should Gun Sellers Have to Wait for a Completed Background Check to Transfer a Firearm? (S. 2213)
Do you support or oppose this bill?
What is S. 2213?
(Updated March 28, 2019)
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.
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.
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.
Impact
Unlicensed gun buyers and licensed gun dealers; people and entities administering background checks.
Cost of S. 2213
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Sen. Richard Blumenthal (D-CT) introduced this bill to prevent ineligible gun buyers from accessing guns when a background check is not completed within three business days:
“No check, no sale must be the rule — enacted as law — to close a gaping loophole spreading the epidemic of gun violence. Over the past five years, 15,700 ineligible buyers have acquired guns simply because a background check could not be completed within 72 hours. One of them was Dylann Roof, who killed nine innocent churchgoers in Charleston with a gun he was ineligible to buy. Waiting for a background check, even if longer than 72 hours, is a minor inconvenience far outweighed by the benefit of keeping lethal weapons out of the hands of dangerous people. No background check, no gun, is a rule that can help save lives.”
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 14 cosponsors in the Senate, all of whom are Democrats.
Media:
- Sponsoring Sen. Richard Blumenthal (D-CT) Press Release
- Breitbart
- Huffington Post
- New Haven Register
- Mother Jones (In Favor)
Summary by Eric Revell
(Photo Credit: Flickr user Francisco Anzola)
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