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senate Bill S. 2213

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.

Steven's Opinion
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02/29/2016
We don't monitor the movement of firearms at this level for the sake of the second amendment and then wonder why we have mass shootings.
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Isaak 's Opinion
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03/01/2016
We need to make sure deadly weapons don't fall into the wrong hands
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Mark's Opinion
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03/16/2016
This is a no brainer, this isn't the 5 second rule people. If you don't pass a background no matter how long it takes than you don't get one. Why is this an issue? I do not see any harm with closing a loop hole that has to do with someone buying a weapon that could kill someone quickly and efficiently; by the way that argument about knives doesn't compare with someone able to put a bullet in you from a few yards away instead of a blade only a few inches away.
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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.

BTSundra's Opinion
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02/20/2016
Many states exploit this waiting period to deny law abiding citizens firearms. Criminals are criminals because they do things illegally. Background checks don't affect the black market.
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PieceKeepr's Opinion
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02/18/2016
You can't stand in the way of someone exercising a Constitutionality protected right. Honestly, what part of "shall not be infringed" is so hard to understand?
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Ryan's Opinion
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02/18/2016
There are no gun loopholes. The state and Feds admitted they screwed up with the background check. The law was not the issue, it's the human beings that failed to implement he law. The criminal listed in the law was already barred from getting the firearms per state law, but he wasn't flagged in the system at the state and federal level.
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What is Senate Bill S. 2213?

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 Senate Bill S. 2213

A CBO cost estimate is unavailable.

More Information

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:

Summary by Eric Revell
(Photo Credit: Flickr user Francisco Anzola)

AKA

Background Check Completion Act of 2015

Official Title

A bill to prohibit firearms dealers from selling a firearm prior to the completion of a background check.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedOctober 28th, 2015
    We don't monitor the movement of firearms at this level for the sake of the second amendment and then wonder why we have mass shootings.
    Like (23)
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    Many states exploit this waiting period to deny law abiding citizens firearms. Criminals are criminals because they do things illegally. Background checks don't affect the black market.
    Like (19)
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    Duh!
    Like (12)
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    We need to make sure deadly weapons don't fall into the wrong hands
    Like (12)
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    You can't stand in the way of someone exercising a Constitutionality protected right. Honestly, what part of "shall not be infringed" is so hard to understand?
    Like (11)
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    There are no gun loopholes. The state and Feds admitted they screwed up with the background check. The law was not the issue, it's the human beings that failed to implement he law. The criminal listed in the law was already barred from getting the firearms per state law, but he wasn't flagged in the system at the state and federal level.
    Like (9)
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    They really don't want my opinion but here go the only permit I need is the 2nd amendment
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    This will just be exploited by states who believe in borderline, if not full-on, public disarmament to keep responsible gun owners or prospective owners from obtaining a firearm.
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    This is a no brainer, this isn't the 5 second rule people. If you don't pass a background no matter how long it takes than you don't get one. Why is this an issue? I do not see any harm with closing a loop hole that has to do with someone buying a weapon that could kill someone quickly and efficiently; by the way that argument about knives doesn't compare with someone able to put a bullet in you from a few yards away instead of a blade only a few inches away.
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    What would it hurt, I had to be checked out for my CWP!
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    Since 1982, there have been at least 62 mass shootings* across the country, with the killings unfolding in 30 states from Massachusetts to Hawaii. Twenty-five of these mass shootings have occurred since 2006, and seven of them took place in 2012. Of the 143 guns possessed by the killers, more than three quarters were obtained legally. The arsenal included dozens of assault weapons and semi-automatic handguns with high-capacity magazines. Just as Jeffrey Weise used a .40-caliber Glock to slaughter students in Red Lake, Minnesota, in 2005, so too did James Holmes, along with an AR-15 assault rifle, when blasting away at his victims in a darkened movie theater. In Newtown, Connecticut, Adam Lanza wielded a.223 Bushmaster semi-automatic assault rifle as he massacred 20 school children and six adults. More than half of the cases involved school or workplace shootings (12 and 20, respectively); the other 30 cases took place in locations including shopping malls, restaurants, and religious and government buildings. Forty four of the killers were white males. Only one of them was a woman. The average age of the killers was 35, though the youngest among them was a mere 11 years old. (See Jonesboro, Ark., in 1998.) A majority were mentally troubled—and many displayed signs of it before setting out to kill. Make people pass a background check for goodness sake!
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    Waiting periods are absolutely useless.
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    Another attempt at hindering our 2nd amendment rights. No my opinion, background checks are a waste of time and money. People shouldn't have to register their guns either. Another tax on the people. Bottom line is this.... The bad guy is going to get a gun illegally; not through a reputable gun dealer where there is a record of the purchase. So leave the Constitution alone, it's been trampled enough!
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    What part of "shall not be infringed upon" do you ppl not understand?
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    The purpose of the delay is to ensure felons and disturbed individuals don't buy firearms. This bill removes an arbitrary timeframe from the approval system.
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    Of course. Nothing more to say is there. Just my opinion
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    Almost everyone who applies for a background check is a good citizen anyway. This does not solve anything. Look at cartel violence.
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    This is a no brainer. Require the background check to be fully processed before turning over a deadly weapon to a prospective buyer. Enough said.
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    The background checks are in place for a reason. To transfer the gun before an approved background check comes back is irresponsible and dangerous.
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    It should be part of the process. But in Virginia the gun seller can plug into the state database and check the purchaser out in a matter o minutes. Every state should have this kind of process. Any other way is bureaucratic failure, stupidity or ineptitude. Citizens deserve better than have to wait several days and have to pay hundreds of dollars to get a permit to make a purchase. NC is still in the stone-ages when it come to purchasing a handgun. And getting a carry conceal permit requirements varies from county to county. How stupid is that? If you live in a county in NC that has an anti-gun sheriff you can kiss your chances of getting a CC permit goodbye. It is a totally arbitrary process in North Carolina.
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