Congressional Digest

    Gun Background Check Bill

February 26, 2019
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The House of Representatives will soon take up legislation to require universal background checks for gun buyers. The Bipartisan Background Checks Act — H.R. 8, introduced by Representative Mike Thompson (CA-D) — has 230 cosponsors, including five Republicans. The House Judiciary Committee held a hearing on the bill on February 6, titled “Preventing Gun Violence: A Call to Action.”

The bill would close the “gun show loophole,” which allows people purchasing firearms through private sales, typically at gun shows, to forgo a background check. Under the legislation, only licensed firearms dealers would be permitted to exchange weapons, with a few exceptions, including law enforcement agencies or officers, spouses, and immediate family members, and for inheritances.

Supporters of background check legislation have attempted numerous times in the past to push through similar versions of the bill, without success. The closest a measure came to passage was following the December 2012 shooting at Sandy Hook Elementary School in Newtown, Connecticut, that killed 20 children and six teachers. The vote on that bill fell short of the 60 needed to prevent a filibuster.

“It’s finally time for action in Congress,” said Judiciary Committee Chair Jerrold Nadler (NY-D). “This bill will close the loopholes that have allowed felons, domestic violence abusers, and other prohibited persons to purchase guns through private sales.”

Republican lawmakers at the committee hearing warned that the new legislation could lead to a national gun registry and that expanded background checks would penalize law-abiding citizens while failing to protect people from gun crime.

The early introduction of the bill signaled that it is a priority for the new House Democratic leadership. Although it is expected to pass the full House easily, it faces strong opposition in the Republican-controlled Senate. Senator Chris Murphy (CT-D) has introduced a companion measure with 41 cosponsors that has been referred to the Senate Judiciary Committee.

For more background, see the March 2013 issue of Congressional Digest on “Gun Violence Prevention,” the November 1999 issue of Congressional Digest on “Firearms in America,” the April 2010 issue of Supreme Court Debates on “Gun Control in the States,” and the May 2008 issue of Supreme Court Debates on “The Sec­ond Amendment.”

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