[House Report 116-11]
[From the U.S. Government Publishing Office]
116th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 116-11
======================================================================
BIPARTISAN BACKGROUND CHECKS ACT OF 2019
_______
February 22, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 8]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 8) to require a background check for every firearm
sale, having considered the same, report favorably thereon with
an amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 19
New Budget Authority and Tax Expenditures and Congressional
Budget
Office Cost Estimate........................................... 20
Duplication of Federal Programs.................................. 20
Performance Goals and Objectives................................. 20
Advisory on Earmarks............................................. 20
Section-by-Section Analysis...................................... 20
Changes in Existing Law Made by the Bill, as Reported............ 22
Dissenting Views................................................. 42
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Background Checks Act of
2019''.
SEC. 2. PURPOSE.
The purpose of this Act is to utilize the current background checks
process in the United States to ensure individuals prohibited from gun
possession are not able to obtain firearms.
SEC. 3. FIREARMS TRANSFERS.
Section 922 of title 18, United States Code, is amended--
(1) by striking subsection (s);
(2) by redesignating subsection (t) as subsection (s); and
(3) by inserting after subsection (s), as redesignated, the
following:
``(t)(1)(A) It shall be unlawful for any person who is not a licensed
importer, licensed manufacturer, or licensed dealer to transfer a
firearm to any other person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with subsection
(s).
``(B) Upon taking possession of a firearm under subparagraph (A), a
licensee shall comply with all requirements of this chapter as if the
licensee were transferring the firearm from the inventory of the
licensee to the unlicensed transferee.
``(C) If a transfer of a firearm described in subparagraph (A) will
not be completed for any reason after a licensee takes possession of
the firearm (including because the transfer of the firearm to, or
receipt of the firearm by, the transferee would violate this chapter),
the return of the firearm to the transferor by the licensee shall not
constitute the transfer of a firearm for purposes of this chapter.
``(2) Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law enforcement
officer, armed private security professional, or member of the
armed forces, to the extent the officer, professional, or
member is acting within the course and scope of employment and
official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, between siblings, between aunts or uncles and their
nieces or nephews, or between grandparents and their
grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; or
``(F) a temporary transfer if the transferor has no reason to
believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery or
other area designated for the purpose of target
shooting;
``(ii) while reasonably necessary for the purposes of
hunting, trapping, or fishing, if the transferor--
``(I) has no reason to believe that the
transferee intends to use the firearm in a
place where it is illegal; and
``(II) has reason to believe that the
transferee will comply with all licensing and
permit requirements for such hunting, trapping,
or fishing; or
``(iii) while in the presence of the transferor.
``(3)(A) Notwithstanding any other provision of this chapter, the
Attorney General may implement this subsection with regulations.
``(B) Regulations promulgated under this paragraph may not include
any provision requiring licensees to facilitate transfers in accordance
with paragraph (1).
``(C) Regulations promulgated under this paragraph may not include
any provision requiring persons not licensed under this chapter to keep
records of background checks or firearms transfers.
``(D) Regulations promulgated under this paragraph may not include
any provision placing a cap on the fee licensees may charge to
facilitate transfers in accordance with paragraph (1).
``(4) It shall be unlawful for a licensed importer, licensed
manufacturer, or licensed dealer to transfer possession of, or title
to, a firearm to another person who is not so licensed unless the
importer, manufacturer, or dealer has provided such other person with a
notice of the prohibition under paragraph (1), and such other person
has certified that such other person has been provided with this notice
on a form prescribed by the Attorney General.''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 922.--Section 922(y)(2) of title 18, United States Code,
is amended in the matter preceding subparagraph (A) by striking ``,
(g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and (g)(5)(B)''.
(b) Consolidated and Further Continuing Appropriations Act, 2012.--
Section 511 of title V of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by
striking ``subsection 922(t)'' each place it appears and inserting
``subsection (s) or (t) of section 922''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, shall be
construed to--
(1) authorize the establishment, directly or indirectly, of a
national firearms registry; or
(2) interfere with the authority of a State, under section
927 of title 18, United States Code, to enact a law on the same
subject matter as this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect 210 days after the
date of the enactment of this Act.
Purpose and Summary
H.R. 8, the ``Bipartisan Background Checks Act of 2019,''
would make it illegal for any person who is not a licensed
firearm importer, manufacturer, or dealer to transfer a firearm
to any other person who is not so licensed without a background
check. Individuals seeking to transfer a firearm under this
measure would be required to visit a licensed firearms dealer
to run the necessary background check before the transfer could
be finalized. H.R. 8 is intended to provide an accurate and
speedy manner to ensure firearms do not end up in the wrong
hands. An internal assessment by the Federal Bureau of
Investigation (FBI) demonstrated that the National Instant
Criminal Background Check System (NICS) background checks are
approximately 99.3 percent to 99.8 percent accurate, and in 90
percent of cases, are processed within 90 seconds.\1\
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\1\ Office of the Inspector Gen., U.S. Dep't of Justice, Audit of
the Handling of Firearms Purchase Denials Through the National Instant
Criminal Background Check System (Sept. 2016), https://oig.justice.gov/
reports/2016/a1632.pdf; Federal Bureau of Investigation, National
Instant Criminal Background Check System Celebrates 20 Years of
Service, Criminal Justice Information Servs. (Nov. 30, 2018), https://
www.fbi.gov/services/cjis/cjis-link/national-instantcriminal-
background-check-system-celebrates-20-years-of-service.
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Background and Need for the Legislation
In any given year, more than 120,000 Americans are shot in
murders, assaults, suicides and suicide attempts, unintentional
shootings, or police actions. Of these, 35,000 result in death.
Over 17,000 of those injured or killed are children and teens.
On average, 34 people in America are murdered on account of gun
violence every single day.\2\
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\2\ Key Gun Violence Statistics, Brady Campaign to Prevent Gun
Violence, http://www.bradycampaign.org/key-gun-violence-statistics
(last visited Feb. 20, 2019).
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Gun violence of this magnitude is a distinctly American
problem. A country to country comparison is shocking. For
example, in 2011 the United Kingdom had 146 deaths due to gun
violence; Denmark, 71; Portugal, 142; and Japan, just 30.\3\ A
recent study in the American Journal of Medicine found that,
compared to 22 other high-income countries, the gun-related
murder rate in the United States is 25 times higher.\4\ Even
when you adjust for population differences, Americans are
disproportionally killed by gun violence.
---------------------------------------------------------------------------
\3\ The University of Sydney's Sydney School of Public Health, Gun
Facts, Figures and the Law, http://www.gunpolicy.org/.
\4\ Daniel White, America's Gun Homicide Rate Is 25 Times Higher
Than Other Rich Countries, Time (Feb. 3, 2016), http://time.com/
4206484/america-violent-death-rate-higher/.
---------------------------------------------------------------------------
In the modern era, the daily ravage of gun violence is,
unfortunately, all too frequently punctuated by ``mass
shootings,'' which the Federal Bureau of Investigation (FBI)
defines as shootings where four or more victims are killed.\5\
Since the mass shooting at Columbine High School in Littleton,
Colorado in 1999, where 12 students and one teacher were
killed, there have been a number of mass shootings, including:
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\5\ See, e.g., Serial Murder: Multi-Disciplinary Perspectives for
Investigators, FBI, National Center for the Analysis of Violent Crime,
Behavioral Analysis Unit 2 (2005). The term ``mass murder'' is defined
as ``a number of murders (four or more) occurring during the same
incident, with no distinctive time period between the murders.'' Id.
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Virginia Tech (2007): 27 students and five
teachers were killed;
Sandy Hook Elementary School (2012): 20
children and six adults were killed;
Aurora, Colorado (2012): a gunman opened fire
in a movie theater, killing 12 people;
Charleston, South Carolina (2015): nine people
were shot dead by a white supremacist at the historic
Emanuel African Methodist Episcopal Church;
San Bernardino (2015): 14 people were killed at
an office gathering;
Pulse nightclub, Orlando (2016): 49 people were
killed inside a gay nightclub;
Mandalay Bay, Las Vegas (2017): the shooter
opened fire on a crowd of concertgoers at a country
music festival, killing 58 people and injuring nearly
500 others;
Sutherland Springs, Texas (2017): 25 people and
an unborn child were killed during a Sunday morning
church service;
Parkland, Florida (2018): 17 adults and
students were killed at Marjory Stoneman Douglas High
School; and
Thousand Oaks, California (2018): 12 people
were killed at the Borderline Bar and Grill.\6\
---------------------------------------------------------------------------
\6\ Deadliest Mass Shootings in Modern US History Fast Facts, CNN
(Dec. 15, 2018), https://www.cnn.com/2013/09/16/us/20-deadliest-mass-
shootings-in-u-s-history-fast-facts/index.html.
---------------------------------------------------------------------------
The rate of mass shootings in the United States has
steadily increased over the past 30 years,\7\ with a sharp
escalation since 2011. Scholars from the Harvard School of
Public Health found that from 1982 to 2011 public mass
shootings occurred on average every 200 days. Since September
6, 2011, however, public mass shootings have occurred every 64
days on average.\8\ The increased frequency of mass public
shootings is compounded by the fact that mass shooters are
increasingly using more deadly semi-automatic, assault-style
weapons to perpetrate their heinous acts.\9\
---------------------------------------------------------------------------
\7\ Ping-I Lin et al., What Have We Learned from the Time Trend of
Mass Shootings in the U.S.?, Pub. Library of Science San Francisco,
Vol.13 Issue 10 (2018).
\8\ Amy P. Cohen et al., Rate of Mass Shootings Has Tripled Since
2011, Harvard Research Shows, Mother Jones, Oct. 5, 2014, https://
www.motherjones.com/politics/2014/10/mass-shootings-increasing-harvard-
research/#.
\9\ Christopher Ingraham, Assault Rifles Are Becoming Mass
Shooters' Weapon of Choice, Wash. Post, June 12, 2016, https://
www.washingtonpost.com/news/wonk/wp/2016/06/12/the-gun-used-in-the-
orlando-shooting-is-becoming-mass-shooters-weapon-of-choice/
?utm_term=.54bf5c4beaa7; C.J. Chivers et al., With AR-15s, Mass
Shooters Attack with the Rifle Firepower Typically Used by Infantry
Troops, N.Y. Times, Feb. 28, 2018, https://www.nytimes.com/interactive/
2018/02/28/us/ar-15-rifle-mass-shootings.html.
---------------------------------------------------------------------------
The Gun Control Act of 1968 established the framework for
legally prohibiting certain categories of people from
possessing firearms.\10\ This list of ``prohibited persons''
has grown over the years, and now includes categories such as
felons, fugitives, domestic abusers, and those found by a court
or other tribunal to be seriously mentally ill. Only in 1993,
with the passage of the Brady Handgun Violence Prevention Act
(Brady Act), did Congress provide the public with a pre-sale
process for checking whether a prospective firearm purchaser is
legally able to purchase the firearm.\11\
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\10\ 10 Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213-
2 (1968).
\11\ Brady Handgun Violence Prevention Act, Pub. L. No. 103-159,
107 Stat. 1536 (1993).
---------------------------------------------------------------------------
The Brady Act established the National Instant Criminal
Background Check System (often called ``the NICS'') as a
mechanism for federally licensed firearms dealers to accomplish
pre-sale checks. The Brady Act background check requirement
applies only to licensed dealers, allowing transactions
conducted by private, unlicensed sellers to be completed
without any check. Private, unlicensed sellers need not conduct
any check under current law, even if the seller sells a large
number of guns.
To address this gap, a bipartisan group of Members
introduced H.R. 8, the ``Bipartisan Background Checks Act of
2019.'' This bill would make it illegal for any person who is
not a licensed firearm importer, manufacturer, or dealer to
transfer a firearm to any other person who is not so licensed
without a background check, subject to certain exceptions.
Individuals seeking to transfer a firearm under this measure
would be required to visit a licensed firearms dealer to run
the necessary background check before the transfer could be
finalized.
Hearings
The Committee's hearing on ``Preventing Gun Violence: A
Call to Action,'' held on February 6, 2019, was used to
consider H.R. 8. During the hearing, the Committee heard
testimony on a wide variety of gun-related topics, including
background check deficiencies and loophole. The Committee heard
testimony from: Aalayah Eastmond, a student at Marjory Stoneman
Douglas High School; Savannah Lindquist, a student at Old
Dominion University; Diane Latiker, President and Founder of
Kids Off the Block; Dr. Joseph V. Sakran of John Hopkins
Hospital; Major Sabrina Tapp-Harper of the Baltimore City
Sherriff's Office; Chief Art Acevedo of the Houston Police
Department; Dr. Joyce Lee Malcolm, professor at the Antonin
Scalia Law School; and Robyn Thomas, Executive Director of the
Giffords Law Center. During the hearing, the witnesses
testified to the impact gun violence on communities, discussed
a wide range of policy proposals, and offered suggestions on
how current firearms restrictions may be improved.
Committee Consideration
On Wednesday, February 13, 2019, the Committee met in open
session and ordered the bill, H.R. 8, favorably reported with
an amendment, by a rollcall vote of 23 to 15, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 8:
1. An amendment by Mr. Sensenbrenner amending section 3 to
add a provision that would exempt from the bill's background
check requirement a transfer to an individual who is the holder
of a valid permit to carry a concealed firearm, which has been
issued by a state was defeated by a rollcall vote of 13 to 21.
ROLLCALL NO. 1
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... X .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... ...... .......
Karen Bass (CA-37)............................. ...... ...... .......
Cedric Richmond (LA-02)........................ ...... X .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. X ...... .......
Steve Chabot (OH-01)........................... ...... ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... X ...... .......
Martha Roby (AL-02)............................ X ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... ...... ...... .......
Guy Reschenthaler (PA-14)...................... ...... ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ ...... ...... .......
------------------------
Total...................................... 13 21 .......
------------------------------------------------------------------------
2. An amendment by Mr. Gohmert amending section 3 to add a
provision that would exempt the exchange of firearms from the
bill's background check requirement was defeated by a rollcall
vote of 12 to 17.
ROLLCALL NO. 2
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... ...... .......
Steve Cohen (TN-09)............................ ...... ...... .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... ...... .......
Val Demings (FL-10)............................ ...... ...... .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. X ...... .......
Steve Chabot (OH-01)........................... ...... ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ X ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... ...... ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. ...... ...... .......
Kelly Armstrong (ND-AL)........................ ...... ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 12 17 .......
------------------------------------------------------------------------
3. An amendment by Mr. Gaetz to require the Attorney
General to promulgate regulations to cap the amount a firearms
dealer may charge at zero dollars for any transfer for which
the background check is not complete within 24 hours and is
ultimately approved was defeated by a rollcall vote of 15 to
18.
ROLLCALL NO. 4
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... X .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... ...... .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... ...... ...... .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... ...... .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... X ...... .......
Martha Roby (AL-02)............................ X ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... ...... ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 15 18 .......
------------------------------------------------------------------------
4. An amendment by Mr. Chabot amending section 3 to add an
exemption from the bill's background check requirement to allow
a transfer to a law enforcement officer who is authorized to
carry a firearm as part of his employment was defeated by a
rollcall vote of 9 to 19.
ROLLCALL NO. 6
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... X .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... ...... .......
Veronica Escobar (TX-16)....................... ...... ...... .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... ...... ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... ...... ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... ...... .......
Matt Gaetz (FL-01)............................. ...... ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... ...... ...... .......
Guy Reschenthaler (PA-14)...................... ...... ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 9 19 .......
------------------------------------------------------------------------
5. An amendment by Mr. Johnson of Louisiana eliminating
from the bill's background check requirement certain
requirements for a temporary transfer of a firearm to qualify
under the bill's exemptions was defeated by a rollcall vote of
11 to 18.
ROLLCALL NO. 7
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... ...... .......
Steve Cohen (TN-09)............................ ...... X .......
Hank Johnson (GA-04)........................... ...... ...... .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... X .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... ...... .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... ...... .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... ...... ...... .......
Jim Jordan (OH-04)............................. ...... ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... ...... ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 11 18 .......
------------------------------------------------------------------------
6. An amendment by Mr. Biggs adding a new section to the
bill expressing a Sense of Congress that rights guaranteed by
the U.S. Constitution should not be hampered by financial
restrictions or constraints on the exercise of those rights;
that the exercise of citizens' Second Amendment rights must not
be abridged or restricted by burdensome payments or delays in
the conduct of background checks for lawful firearms transfers;
and that financial constraints have no place in the exercise of
constitutional rights in that a citizen's right to bear arms,
just like a citizen's right to vote, must not be qualified by
the ability to pay a certain sum of money in order to exercise
those rights was defeated by a rollcall vote of 13 to 20.
ROLLCALL NO. 8
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... X .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... ...... .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... ...... ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 13 20 .......
------------------------------------------------------------------------
7. An amendment by Mr. Steube requiring regulations
promulgated pursuant to section 922 of title 18, as amended by
this measure, to require notification to the field office of
the Federal Bureau of Investigation, the local law enforcement
agency, the state law enforcement agency; and U.S. Immigration
and Customs Enforcement in the case of a person illegally or
unlawfully in the United States was defeated by a rollcall vote
of 14 to 20.
ROLLCALL NO. 10
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... ...... .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... X .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... ...... .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 14 20 .......
------------------------------------------------------------------------
8. An amendment by Mrs. Lesko, as amended by Mr. Gaetz, to
add an exemption from the bill's background check requirement
for a transfer to a victim of domestic violence or sexual
assault who is to be protected under an order of protection
issued by a court of law was defeated by a rollcall vote of 15
to 19.
ROLLCALL NO. 11
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... ...... .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... X .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... ...... .......
David Cicilline (RI-01)........................ ...... ...... .......
Eric Swalwell (CA-15).......................... ...... X .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... ...... .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ X ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 15 19 .......
------------------------------------------------------------------------
9. An amendment by Mr. Reschenthaler to add an exemption
from the bill's background check requirement for a transfer by
an individual who, by his or her own determination, may be a
risk to himself or herself or others to a person who is not
prohibited by federal law from receiving a firearm was defeated
by a rollcall vote of 15 to 20.
ROLLCALL NO. 12
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... ...... .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... X .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... ...... .......
Eric Swalwell (CA-15).......................... ...... X .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... ...... .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ X ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 15 20 .......
------------------------------------------------------------------------
10. An amendment by Mr. Armstrong to add an exemption for a
temporary transfer of a firearm for the purpose of hunting,
trapping, fishing, ranching, farming, or target practice from
the bill's background check requirement, and eliminating
provisions of the temporary transfer section that require
transferors to have no reason to believe that the transferee
will use the firearm in a place where that is illegal and the
transferor has reason to believe that the transferee will abide
by all licensing and permit requirements for such hunting,
trapping, and fishing; or the transferee will use the firearm
in the transferor's presence was defeated by a rollcall vote of
15 to 23.
ROLLCALL NO. 13
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... ...... X .......
Zoe Lofgren (CA-19)............................ ...... X .......
Sheila Jackson Lee (TX-18)..................... ...... X .......
Steve Cohen (TN-09)............................ ...... X .......
Hank Johnson (GA-04)........................... ...... X .......
Ted Deutch (FL-02)............................. ...... X .......
Karen Bass (CA-37)............................. ...... X .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ ...... X .......
David Cicilline (RI-01)........................ ...... X .......
Eric Swalwell (CA-15).......................... ...... X .......
Ted Lieu (CA-33)............................... ...... X .......
Jamie Raskin (MD-08)........................... ...... X .......
Pramila Jayapal (WA-07)........................ ...... X .......
Val Demings (FL-10)............................ ...... X .......
Lou Correa (CA-46)............................. ...... X .......
Mary Gay Scanlon (PA-05)....................... ...... X .......
Sylvia Garcia (TX-29).......................... ...... X .......
Joseph Neguse (CO-02).......................... ...... X .......
Lucy McBath (GA-06)............................ ...... X .......
Greg Stanton (AZ-09)........................... ...... X .......
Madeleine Dean (PA-04)......................... ...... X .......
Debbie Mucarsel-Powell (FL-26)................. ...... X .......
Veronica Escobar (TX-16)....................... ...... X .......
Doug Collins (GA-27)........................... X ...... .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... X ...... .......
Louie Gohmert (TX-01).......................... X ...... .......
Jim Jordan (OH-04)............................. X ...... .......
Ken Buck (CO-04)............................... X ...... .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ X ...... .......
Matt Gaetz (FL-01)............................. X ...... .......
Mike Johnson (LA-04)........................... X ...... .......
Andy Biggs (AZ-05)............................. X ...... .......
Tom McClintock (CA-04)......................... X ...... .......
Debbie Lesko (AZ-08)........................... X ...... .......
Guy Reschenthaler (PA-14)...................... X ...... .......
Ben Cline (VA-06).............................. X ...... .......
Kelly Armstrong (ND-AL)........................ X ...... .......
Greg Steube (FL-17)............................ X ...... .......
------------------------
Total...................................... 15 23 .......
------------------------------------------------------------------------
11. An amendment in the nature of a substitute by Mr.
Deutch, changing the effective date of the bill from 180 days
to 210 days was agreed to by a rollcall vote of 23 to 15.
ROLLCALL NO. 14
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... X ...... .......
Zoe Lofgren (CA-19)............................ X ...... .......
Sheila Jackson Lee (TX-18)..................... X ...... .......
Steve Cohen (TN-09)............................ X ...... .......
Hank Johnson (GA-04)........................... X ...... .......
Ted Deutch (FL-02)............................. X ...... .......
Karen Bass (CA-37)............................. X ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ X ...... .......
David Cicilline (RI-01)........................ X ...... .......
Eric Swalwell (CA-15).......................... X ...... .......
Ted Lieu (CA-33)............................... X ...... .......
Jamie Raskin (MD-08)........................... X ...... .......
Pramila Jayapal (WA-07)........................ X ...... .......
Val Demings (FL-10)............................ X ...... .......
Lou Correa (CA-46)............................. X ...... .......
Mary Gay Scanlon (PA-05)....................... X ...... .......
Sylvia Garcia (TX-29).......................... X ...... .......
Joseph Neguse (CO-02).......................... X ...... .......
Lucy McBath (GA-06)............................ X ...... .......
Greg Stanton (AZ-09)........................... X ...... .......
Madeleine Dean (PA-04)......................... X ...... .......
Debbie Mucarsel-Powell (FL-26)................. X ...... .......
Veronica Escobar (TX-16)....................... X ...... .......
Doug Collins (GA-27)........................... ...... X .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... ...... X .......
Louie Gohmert (TX-01).......................... ...... X .......
Jim Jordan (OH-04)............................. ...... X .......
Ken Buck (CO-04)............................... ...... X .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... X .......
Matt Gaetz (FL-01)............................. ...... X .......
Mike Johnson (LA-04)........................... ...... X .......
Andy Biggs (AZ-05)............................. ...... X .......
Tom McClintock (CA-04)......................... ...... X .......
Debbie Lesko (AZ-08)........................... ...... X .......
Guy Reschenthaler (PA-14)...................... ...... X .......
Ben Cline (VA-06).............................. ...... X .......
Kelly Armstrong (ND-AL)........................ ...... X .......
Greg Steube (FL-17)............................ ...... X .......
------------------------
Total...................................... 23 15 .......
------------------------------------------------------------------------
12. Passage of the bill, as amended, was agreed to by a
rollcall vote of 23 to 15.
ROLLCALL NO. 17
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... X ...... .......
Zoe Lofgren (CA-19)............................ X ...... .......
Sheila Jackson Lee (TX-18)..................... X ...... .......
Steve Cohen (TN-09)............................ X ...... .......
Hank Johnson (GA-04)........................... X ...... .......
Ted Deutch (FL-02)............................. X ...... .......
Karen Bass (CA-37)............................. X ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ X ...... .......
David Cicilline (RI-01)........................ X ...... .......
Eric Swalwell (CA-15).......................... X ...... .......
Ted Lieu (CA-33)............................... X ...... .......
Jamie Raskin (MD-08)........................... X ...... .......
Pramila Jayapal (WA-07)........................ X ...... .......
Val Demings (FL-10)............................ X ...... .......
Lou Correa (CA-46)............................. X ...... .......
Mary Gay Scanlon (PA-05)....................... X ...... .......
Sylvia Garcia (TX-29).......................... X ...... .......
Joseph Neguse (CO-02).......................... X ...... .......
Lucy McBath (GA-06)............................ X ...... .......
Greg Stanton (AZ-09)........................... X ...... .......
Madeleine Dean (PA-04)......................... X ...... .......
Debbie Mucarsel-Powell (FL-26)................. X ...... .......
Veronica Escobar (TX-16)....................... X ...... .......
Doug Collins (GA-27)........................... ...... X .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... ...... X .......
Louie Gohmert (TX-01).......................... ...... X .......
Jim Jordan (OH-04)............................. ...... X .......
Ken Buck (CO-04)............................... ...... X .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... X .......
Matt Gaetz (FL-01)............................. ...... X .......
Mike Johnson (LA-04)........................... ...... X .......
Andy Biggs (AZ-05)............................. ...... X .......
Tom McClintock (CA-04)......................... ...... X .......
Debbie Lesko (AZ-08)........................... ...... X .......
Guy Reschenthaler (PA-14)...................... ...... X .......
Ben Cline (VA-06).............................. ...... X .......
Kelly Armstrong (ND-AL)........................ ...... X .......
Greg Steube (FL-17)............................ ...... X .......
------------------------
Total...................................... 23 15 .......
------------------------------------------------------------------------
13. Motion to report H.R. 8, as amended, favorably was
agreed to by a rollcall vote of 23 to 15.
ROLLCALL NO. 18
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... X ...... .......
Zoe Lofgren (CA-19)............................ X ...... .......
Sheila Jackson Lee (TX-18)..................... X ...... .......
Steve Cohen (TN-09)............................ X ...... .......
Hank Johnson (GA-04)........................... X ...... .......
Ted Deutch (FL-02)............................. X ...... .......
Karen Bass (CA-37)............................. X ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ X ...... .......
David Cicilline (RI-01)........................ X ...... .......
Eric Swalwell (CA-15).......................... X ...... .......
Ted Lieu (CA-33)............................... X ...... .......
Jamie Raskin (MD-08)........................... X ...... .......
Pramila Jayapal (WA-07)........................ X ...... .......
Val Demings (FL-10)............................ X ...... .......
Lou Correa (CA-46)............................. X ...... .......
Mary Gay Scanlon (PA-05)....................... X ...... .......
Sylvia Garcia (TX-29).......................... X ...... .......
Joseph Neguse (CO-02).......................... X ...... .......
Lucy McBath (GA-06)............................ X ...... .......
Greg Stanton (AZ-09)........................... X ...... .......
Madeleine Dean (PA-04)......................... X ...... .......
Debbie Mucarsel-Powell (FL-26)................. X ...... .......
Veronica Escobar (TX-16)....................... X ...... .......
Doug Collins (GA-27)........................... ...... X .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... ...... X .......
Louie Gohmert (TX-01).......................... ...... X .......
Jim Jordan (OH-04)............................. ...... X .......
Ken Buck (CO-04)............................... ...... X .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... X .......
Matt Gaetz (FL-01)............................. ...... X .......
Mike Johnson (LA-04)........................... ...... X .......
Andy Biggs (AZ-05)............................. ...... X .......
Tom McClintock (CA-04)......................... ...... X .......
Debbie Lesko (AZ-08)........................... ...... X .......
Guy Reschenthaler (PA-14)...................... ...... X .......
Ben Cline (VA-06).............................. ...... X .......
Kelly Armstrong (ND-AL)........................ ...... X .......
Greg Steube (FL-17)............................ ...... X .......
------------------------
Total...................................... 23 15 .......
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Duplication of Federal Programs
No provision of H.R. 8 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R. 8
would require a background check on nearly every gun sale or
transfer, with limited exception for certain exempt gifts to
family members, hunting, target shooting, and self-defense.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 8 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec 1. Short Title. Section 1 sets forth the short title of
the bill as the ``Bipartisan Background Checks Act 2019.''
Sec 2. Purpose. Section 2 states that purpose of this
measure is to utilize the current background check process in
the United States to ensure individuals prohibited from gun
possession are not able to obtain firearms.
Sec. 3. Firearms Transfers. Section 3 amends section 922 of
title 18 of the U.S. Code to make it illegal for any person who
is not a licensed firearm importer, manufacturer, or dealer to
transfer a firearm to any other person who is not so licensed
without a background check. Individuals seeking to transfer a
firearm under this section would be required to visit a
licensed firearms dealer to run the necessary background check
before the transfer is finalized.
In addition, this section would require the licensed
firearms dealer, upon taking possession of a firearm, to
perform the background check as though the gun were part of the
dealer's own inventory.
This section further provides that, if a transfer under
this section cannot be completed for any reason, the return of
the firearm would not constitute a transfer and the dealer
would be permitted to return the firearm to the seller without
having to conduct a background check.
Section 3 also sets forth certain exemptions to the bill's
mandatory background check requirement. The expanded
requirement would not apply to:
A law enforcement agency or law enforcement
officer, armed private security professional, or member
of the armed forces, to the extent such officer,
professional, or service member is acting within the
course and scope of his or her employment and official
duties.
A transfer that is a loan or bona fide gift
between spouses, between domestic partners, between
parents and their children, between siblings, between
aunts or uncles and their nieces or nephews, or between
grandparents and their grandchildren.
A transfer to an executor, administrator,
trustee, or personal representative of an estate or a
trust that occurs by operation of law upon the death of
another person.
A temporary transfer that is necessary to
prevent imminent death or great bodily harm, if the
possession by the transferee lasts only as long as
immediately necessary to prevent the imminent death or
great bodily harm.
National Firearms Act transfers that pertain
to special weapons, such as automatic weapons, which
require a permit to own.
A temporary transfer if the transferor has
no reason to believe that the transferee will use or
intends to use the firearm in a crime or is prohibited
from possessing firearms under state or federal law,
and the transfer takes place and the transferee's
possession of the firearm is exclusively--
at a shooting range or in a shooting
gallery or other area designated for target
shooting;
for hunting, trapping, or fishing so
long as the transferee has no reason to believe
the firearm will be used in a place where it is
illegal and has reason to believe all necessary
licensing and permitting requirements will be
followed; or
while in the presence of the
transferor.
Additionally, section 3 would authorize the Attorney
General to promulgate any necessary regulations to implement
this legislation. It also would prohibit the Attorney General
from requiring dealers to process private transfers, requiring
private sellers to keep records of transactions, or placing a
cap on the fee that dealers can charge to facilitate a private
transfer.
Lastly, this section would make it unlawful for a licensed
importer, manufacturer, or dealer to transfer a firearm to a
person without providing a notice to the person of the
background check specified by this provision.
Sec. 4. Technical and Conforming Amendments. Section 4
makes technical and conforming revisions. In addition, it
prohibits the use of any tax or fee to expand NICS and
prohibits the use of funding for a system that keeps
information on purchasers who are approved to purchase firearms
for longer than 24-hours.\12\
---------------------------------------------------------------------------
\12\ See the Consolidated Appropriations Act of 2012, Pub. L. No.
112--74, 125 Stat. 785 (2011).
---------------------------------------------------------------------------
Sec. 5. Rules of Construction. Section 5 sets forth a rule
of construction that prohibits the establishment of a national
gun registry.
Sec. 6. Effective Date. Section 6 states that the changes
to current law under this bill would take effect 210 days after
enactment.
Changes in Existing Law Made by the Bill, As Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 8, as reported, are shown as follows:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in
the business of importing, manufacturing, or
dealing in firearms, or in the course of such
business to ship, transport, or receive any
firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or in
the course of such business, to ship,
transport, or receive any ammunition in
interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or
collector licensed under the provisions of this chapter
to ship or transport in interstate or foreign commerce
any firearm to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector, except that--
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a
firearm or replacement firearm of the same kind
and type to a person from whom it was received;
and this paragraph shall not be held to
preclude an individual from mailing a firearm
owned in compliance with Federal, State, and
local law to a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to
preclude a licensed importer, licensed
manufacturer, or licensed dealer from
depositing a firearm for conveyance in the
mails to any officer, employee, agent, or
watchman who, pursuant to the provisions of
section 1715 of this title, is eligible to
receive through the mails pistols, revolvers,
and other firearms capable of being concealed
on the person, for use in connection with his
official duty; and
(C) nothing in this paragraph shall be
construed as applying in any manner in the
District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to transport into or receive in the State
where he resides (or if the person is a corporation or
other business entity, the State where it maintains a
place of business) any fire arm purchased or otherwise
obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who
lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence
from transporting the firearm into or receiving it in
that State, if it is lawful for such person to purchase
or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm
obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation
of any firearm acquired in any State prior to the
effective date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, to transport in interstate or foreign
commerce any destructive device, machinegun (as defined
in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except
as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector) to transfer, sell, trade, give, transport,
or deliver any firearm to any person (other than a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the transferor resides; except that this
paragraph shall not apply to (A) the transfer,
transportation, or delivery of a firearm made to carry
out a bequest of a firearm to, or an acquisition by
intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or
rental of a firearm to any person for temporary use for
lawful sporting purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm or ammunition
from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to
make any false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the
lawfulness of the sale or other disposition of such
firearm or ammunition under the provisions of this
chapter;
(7) for any person to manufacture or import armor
piercing ammunition, unless--
(A) the manufacture of such ammunition is for
the use of the United States, any department or
agency of the United States, any State, or any
department, agency, or political subdivision of
a State;
(B) the manufacture of such ammunition is for
the purpose of exportation; or
(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, unless such sale or
delivery--
(A) is for the use of the United States, any
department or agency of the United States, any
State, or any department, agency, or political
subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive
any firearms unless such receipt is for lawful sporting
purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(1) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe
is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or
rifle, or ammunition for a shotgun or rifle, to any
individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm
would be in violation of any State law or any published
ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has
reasonable cause to believe that the purchase or
possession would not be in violation of such State law
or such published ordinance;
(3) any firearm to any person who the licensee knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply
to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the
licensee's place of business is located if the
transferee meets in person with the transferor to
accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale
in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the
contrary, to have had actual knowledge of the State
laws and published ordinances of both States), and (B)
shall not apply to the loan or rental of a firearm to
any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun
(as defined in section 5845 of the Internal Revenue
Code of 1986), short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by
the Attorney General consistent with public safety and
necessity; and
(5) any firearm or armor-piercing ammunition to any
person unless the licensee notes in his records,
required to be kept pursuant to section 923 of this
chapter, the name, age, and place of residence of such
person if the person is an individual, or the identity
and principal and local places of business of such
person if the person is a corporation or other business
entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors.
Paragraph (4) of this subsection shall not apply to a sale or
delivery to any research organization designated by the
Attorney General.
(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer
may sell a firearm to a person who does not appear in person at
the licensee's business premises (other than another licensed
importer, manufacturer, or dealer) only if--
(1) the transferee submits to the transferor a sworn
statement in the following form:
``Subject to penalties provided by law, I
swear that, in the case of any firearm other
than a shotgun or a rifle, I am twenty-one
years or more of age, or that, in the case of a
shotgun or a rifle, I am eighteen years or more
of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United
States Code, from receiving a firearm in
interstate or foreign commerce; and that my
receipt of this firearm will not be in
violation of any statute of the State and
published ordinance applicable to the locality
in which I reside. Further, the true title,
name, and address of the principal law
enforcement officer of the locality to which
the firearm will be delivered are -- -- -- --
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
-- -- -- -- -- -- -- -- -- -- Signature -- --
-- -- -- -- -- -- -- -- Date -- -- -- --.'' and
containing blank spaces for the attachment of a
true copy of any permit or other information
required pursuant to such statute or published
ordinance;
(2) the transferor has, prior to the shipment or
delivery of the firearm, forwarded by registered or
certified mail (return receipt requested) a copy of the
sworn statement, together with a description of the
firearm, in a form prescribed by the Attorney General,
to the chief law enforcement officer of the
transferee's place of residence, and has received a
return receipt evidencing delivery of the statement or
has had the statement returned due to the refusal of
the named addressee to accept such letter in accordance
with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery
for a period of at least seven days following receipt
of the notification of the acceptance or refusal of
delivery of the statement.
A copy of the sworn statement and a copy of the notification to
the local law enforcement officer, together with evidence of
receipt or rejection of that notification shall be retained by
the licensee as a part of the records required to be kept under
section 923(g).
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person--
(1) is under indictment for, or has been convicted in
any court of, a crime punishable by imprisonment for a
term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has
been committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a
court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had the opportunity to participate;
and
(B)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) has been convicted in any court of a misdemeanor
crime of domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
who pursuant to subsection (b) of section 925 of this chapter
is not precluded from dealing in firearms or ammunition, or to
a person who has been granted relief from disabilities pursuant
to subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver
or cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce,
to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed collectors, any
package or other container in which there is any firearm or
ammunition without written notice to the carrier that such
firearm or ammunition is being transported or shipped; except
that any passenger who owns or legally possesses a firearm or
ammunition being transported aboard any common or contract
carrier for movement with the passenger in interstate or
foreign commerce may deliver said firearm or ammunition into
the custody of the pilot, captain, conductor or operator of
such common or contract carrier for the duration of the trip
without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container that such package,
luggage, or other container contains a firearm.
(f)(1) It shall be unlawful for any common or contract
carrier to transport or deliver in interstate or foreign
commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment transportation, or receipt
thereof would be in violation of the provisions of this
chapter.
(2) It shall be unlawful for any common or contract carrier
to deliver in interstate or foreign commerce any firearm
without obtaining written acknowledgement of receipt from the
recipient of the package or other container in which there is a
firearm.
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one
year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or
who has been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had an opportunity to participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner
or person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury to the partner or child;
and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition; or
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section,
in the course of such employment--
(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(i) It shall be unlawful for any person to transport or ship
in interstate or foreign commerce, any stolen firearms or
stolen ammunition, knowing or having reasonable cause to
believe that the firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm
or stolen ammunition, or pledge or accept as security for a
loan any stolen firearm or stolen ammunition, which is moving
as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or ammunition was
stolen.
(k) It shall be unlawful for any person knowingly to
transport, ship, or receive, in interstate or foreign commerce,
any firearm which has had the importer's or manufacturer's
serial number removed, obliterated, or altered or to possess or
receive any firearm which has had the importer's or
manufacturer's serial number removed, obliterated, or altered
and has, at any time, been shipped or transported in interstate
or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring
into the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly
to receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly
to make any false entry in, to fail to make appropriate entry
in, or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under
indictment for a crime punishable by imprisonment for a term
exceeding one year to ship or transport in interstate or
foreign commerce any firearm or ammunition or receive any
firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be
unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department, agency,
or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date
this subsection takes effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm--
(A) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or
(B) any major component of which, when subjected to
inspection by the types of x-ray machines commonly used
at airports, does not generate an image that accurately
depicts the shape of the component. Barium sulfate or
other compounds may be used in the fabrication of the
component.
(2) For purposes of this subsection--
(A) the term ``firearm'' does not include the frame
or receiver of any such weapon;
(B) the term ``major component'' means, with respect
to a firearm, the barrel, the slide or cylinder, or the
frame or receiver of the firearm; and
(C) the term ``Security Exemplar'' means an object,
to be fabricated at the direction of the Attorney
General, that is--
(i) constructed of, during the 12-month
period beginning on the date of the enactment
of this subsection, 3.7 ounces of material type
17-4 PH stainless steel in a shape resembling a
handgun; and
(ii) suitable for testing and calibrating
metal detectors: Provided, however, That at the
close of such 12-month period, and
at appropriate times thereafter the Attorney General
shall promulgate regulations to permit the manufacture,
importation, sale, shipment, delivery, possession,
transfer, or receipt of firearms previously prohibited
under this subparagraph that are as detectable as a
``Security Exemplar'' which contains 3.7 ounces of
material type 17-4 PH stainless steel, in a shape
resembling a handgun, or such lesser amount as is
detectable in view of advances in state-of-the-art
developments in weapons detection technology.
(3) Under such rules and regulations as the Attorney General
shall prescribe, this subsection shall not apply to the
manufacture, possession, transfer, receipt, shipment, or
delivery of a firearm by a licensed manufacturer or any person
acting pursuant to a contract with a licensed manufacturer, for
the purpose of examining and testing such firearm to determine
whether paragraph (1) applies to such firearm. The Attorney
General shall ensure that rules and regulations adopted
pursuant to this paragraph do not impair the manufacture of
prototype firearms or the development of new technology.
(4) The Attorney General shall permit the conditional
importation of a firearm by a licensed importer or licensed
manufacturer, for examination and testing to determine whether
or not the unconditional importation of such firearm would
violate this subsection.
(5) This subsection shall not apply to any firearm which--
(A) has been certified by the Secretary of Defense or
the Director of Central Intelligence, after
consultation with the Attorney General and the
Administrator of the Federal Aviation Administration,
as necessary for military or intelligence applications;
and
(B) is manufactured for and sold exclusively to
military or intelligence agencies of the United States.
(6) This subsection shall not apply with respect to any
firearm manufactured in, imported into, or possessed in the
United States before the date of the enactment of the
Undetectable Firearms Act of 1988.
(q)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and
guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in
and around schools, as documented in numerous hearings
in both the Committee on the Judiciary the House of
Representatives and the Committee on the Judiciary of
the Senate;
(D) in fact, even before the sale of a firearm, the
gun, its component parts, ammunition, and the raw
materials from which they are made have considerably
moved in interstate commerce;
(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to
travel to or through certain parts of the country due
to concern about violent crime and gun violence, and
parents may decline to send their children to school
for the same reason;
(F) the occurrence of violent crime in school zones
has resulted in a decline in the quality of education
in our country;
(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
(H) States, localities, and school systems find it
almost impossible to handle gun-related crime by
themselves--even States, localities, and school systems
that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
(I) the Congress has the power, under the interstate
commerce clause and other provisions of the
Constitution, to enact measures to ensure the integrity
and safety of the Nation's schools by enactment of this
subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school zone
is located or a political subdivision of the State, and
the law of the State or political subdivision requires
that, before an individual obtains such a license, the
law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a contract
entered into between a school in the school zone and
the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or
her official capacity; or
(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard
for the safety of another, to discharge or attempt to discharge
a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows
is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a
firearm--
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in
the program;
(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or
her official capacity.
(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.
(r) It shall be unlawful for any person to assemble from
imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to--
(1) the assembly of any such rifle or shotgun for
sale or distribution by a licensed manufacturer to the
United States or any department or agency thereof or to
any State or any department, agency, or political
subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by
the Attorney General.
[(s)(1) Beginning on the date that is 90 days after the date
of enactment of this subsection and ending on the day before
the date that is 60 months after such date of enactment, it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun (other than the return of a handgun to the person
from whom it was received) to an individual who is not licensed
under section 923, unless--
[(A) after the most recent proposal of such transfer
by the transferee--
[(i) the transferor has--
[(I) received from the transferee a
statement of the transferee containing
the information described in paragraph
(3);
[(II) verified the identity of the
transferee by examining the
identification document presented;
[(III) within 1 day after the
transferee furnishes the statement,
provided notice of the contents of the
statement to the chief law enforcement
officer of the place of residence of
the transferee; and
[(IV) within 1 day after the
transferee furnishes the statement,
transmitted a copy of the statement to
the chief law enforcement officer of
the place of residence of the
transferee; and
[(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed from
the date the transferor furnished notice of the
contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt
or possession of the handgun by the transferee
would be in violation of Federal, State, or
local law; or
[(II) the transferor has received notice from
the chief law enforcement officer that the
officer has no information indicating that
receipt or possession of the handgun by the
transferee would violate Federal, State, or
local law;
[(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement
officer of the place of residence of the transferee
during the 10-day period ending on the date of the most
recent proposal of such transfer by the transferee,
stating that the transferee requires access to a
handgun because of a threat to the life of the
transferee or of any member of the household of the
transferee;
[(C)(i) the transferee has presented to the
transferor a permit that--
[(I) allows the transferee to possess or
acquire a handgun; and
[(II) was issued not more than 5 years
earlier by the State in which the transfer is
to take place; and
[(ii) the law of the State provides that such a
permit is to be issued only after an authorized
government official has verified that the information
available to such official does not indicate that
possession of a handgun by the transferee would be in
violation of the law;
[(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed
dealer completes the transfer of a handgun to an
individual who is not licensed under section 923, an
authorized government official verify that the
information available to such official does not
indicate that possession of a handgun by the transferee
would be in violation of law;
[(E) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
[(F) on application of the transferor, the Attorney
General has certified that compliance with subparagraph
(A)(i)(III) is impracticable because--
[(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
[(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer; and
[(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
[(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make
a reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law,
including research in whatever State and local recordkeeping
systems are available and in a national system designated by
the Attorney General.
[(3) The statement referred to in paragraph (1)(A)(i)(I)
shall contain only--
[(A) the name, address, and date of birth appearing
on a valid identification document (as defined in
section 1028(d)(1)) of the transferee containing a
photograph of the transferee and a description of the
identification used;
[(B) a statement that the transferee--
[(i) is not under indictment for, and has not
been convicted in any court of, a crime
punishable by imprisonment for a term exceeding
1 year, and has not been convicted in any court
of a misdemeanor crime of domestic violence;
[(ii) is not a fugitive from justice;
[(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances Act);
[(iv) has not been adjudicated as a mental
defective or been committed to a mental
institution;
[(v) is not an alien who--
[(I) is illegally or unlawfully in
the United States; or
[(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
[(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
[(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
[(C) the date the statement is made; and
[(D) notice that the transferee intends to obtain a
handgun from the transferor.
[(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer
containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such request,
communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
[(A) the chief law enforcement officer of the place
of business of the transferor; and
[(B) the chief law enforcement officer of the place
of residence of the transferee.
[(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection
shall not disclose such information except to the transferee,
to law enforcement authorities, or pursuant to the direction of
a court of law.
[(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy of
the statement of the transferee with respect to the handgun
transaction, and shall retain evidence that the transferor has
complied with subclauses (III) and (IV) of paragraph (1)(A)(i)
with respect to the statement.
[(B) Unless the chief law enforcement officer to whom a
statement is transmitted under paragraph (1)(A)(i)(IV)
determines that a transaction would violate Federal, State, or
local law--
[(i) the officer shall, within 20 business days after
the date the transferee made the statement on the basis
of which the notice was provided, destroy the
statement, any record containing information derived
from the statement, and any record created as a result
of the notice required by paragraph (1)(A)(i)(III);
[(ii) the information contained in the statement
shall not be conveyed to any person except a person who
has a need to know in order to carry out this
subsection; and
[(iii) the information contained in the statement
shall not be used for any purpose other than to carry
out this subsection.
[(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the
individual requests the officer to provide the reason for such
determination, the officer shall provide such reasons to the
individual in writing within 20 business days after receipt of
the request.
[(7) A chief law enforcement officer or other person
responsible for providing criminal history background
information pursuant to this subsection shall not be liable in
an action at law for damages--
[(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the
handgun is unlawful under this section; or
[(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a handgun.
[(8) For purposes of this subsection, the term ``chief law
enforcement officer'' means the chief of police, the sheriff,
or an equivalent officer or the designee of any such
individual.
[(9) The Attorney General shall take necessary actions to
ensure that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials,
and the public.]
[(t)] (s)(1) Beginning on the date that is 30 days after the
Attorney General notifies licensees under section 103(d) of the
Brady Handgun Violence Prevention Act that the national instant
criminal background check system is established, a licensed
importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not licensed
under this chapter, unless--
(A) before the completion of the transfer, the
licensee contacts the national instant criminal
background check system established under section 103
of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that the receipt of a firearm by such
other person would violate subsection (g) or (n) of
this section; and
(C) the transferor has verified the identity of the
transferee by examining a valid identification document
(as defined in section 1028(d) of this title) of the
transferee containing a photograph of the transferee.
(2) If receipt of a firearm would not violate subsection (g)
or (n) or State law, the system shall--
(A) assign a unique identification number to the
transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to
the call (other than the identifying number and the
date the number was assigned) and all records of the
system relating to the person or the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer
between a licensee and another person if--
(A)(i) such other person has presented to the
licensee a permit that--
(I) allows such other person to possess or
acquire a firearm; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
firearm by such other person would be in violation of
law;
(B) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(C) on application of the transferor, the Attorney
General has certified that compliance with paragraph
(1)(A) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the licensee at
which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the
system does not demonstrate that the receipt of a firearm by
such other person would violate subsection (g) or (n) or State
law, and the licensee transfers a firearm to such other person,
the licensee shall include in the record of the transfer the
unique identification number provided by the system with
respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such
other person and knowingly fails to comply with paragraph (1)
of this subsection with respect to the transfer and, at the
time such other person most recently proposed the transfer, the
national instant criminal background check system was operating
and information was available to the system demonstrating that
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section or State law, the
Attorney General may, after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke any
license issued to the licensee under section 923, and may
impose on the licensee a civil fine of not more than $5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal
background check system shall be liable in an action at law for
damages--
(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the
firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a firearm.
(t)(1)(A) It shall be unlawful for any person who is not a
licensed importer, licensed manufacturer, or licensed dealer to
transfer a firearm to any other person who is not so licensed,
unless a licensed importer, licensed manufacturer, or licensed
dealer has first taken possession of the firearm for the
purpose of complying with subsection (s).
(B) Upon taking possession of a firearm under subparagraph
(A), a licensee shall comply with all requirements of this
chapter as if the licensee were transferring the firearm from
the inventory of the licensee to the unlicensed transferee.
(C) If a transfer of a firearm described in subparagraph (A)
will not be completed for any reason after a licensee takes
possession of the firearm (including because the transfer of
the firearm to, or receipt of the firearm by, the transferee
would violate this chapter), the return of the firearm to the
transferor by the licensee shall not constitute the transfer of
a firearm for purposes of this chapter.
(2) Paragraph (1) shall not apply to--
(A) a law enforcement agency or any law enforcement
officer, armed private security professional, or member
of the armed forces, to the extent the officer,
professional, or member is acting within the course and
scope of employment and official duties;
(B) a transfer that is a loan or bona fide gift
between spouses, between domestic partners, between
parents and their children, between siblings, between
aunts or uncles and their nieces or nephews, or between
grandparents and their grandchildren;
(C) a transfer to an executor, administrator,
trustee, or personal representative of an estate or a
trust that occurs by operation of law upon the death of
another person;
(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession
by the transferee lasts only as long as immediately
necessary to prevent the imminent death or great bodily
harm;
(E) a transfer that is approved by the Attorney
General under section 5812 of the Internal Revenue Code
of 1986; or
(F) a temporary transfer if the transferor has no
reason to believe that the transferee will use or
intends to use the firearm in a crime or is prohibited
from possessing firearms under State or Federal law,
and the transfer takes place and the transferee's
possession of the firearm is exclusively--
(i) at a shooting range or in a shooting
gallery or other area designated for the
purpose of target shooting;
(ii) while reasonably necessary for the
purposes of hunting, trapping, or fishing, if
the transferor--
(I) has no reason to believe that the
transferee intends to use the firearm
in a place where it is illegal; and
(II) has reason to believe that the
transferee will comply with all
licensing and permit requirements for
such hunting, trapping, or fishing; or
(iii) while in the presence of the
transferor.
(3)(A) Notwithstanding any other provision of this chapter,
the Attorney General may implement this subsection with
regulations.
(B) Regulations promulgated under this paragraph may not
include any provision requiring licensees to facilitate
transfers in accordance with paragraph (1).
(C) Regulations promulgated under this paragraph may not
include any provision requiring persons not licensed under this
chapter to keep records of background checks or firearms
transfers.
(D) Regulations promulgated under this paragraph may not
include any provision placing a cap on the fee licensees may
charge to facilitate transfers in accordance with paragraph
(1).
(4) It shall be unlawful for a licensed importer, licensed
manufacturer, or licensed dealer to transfer possession of, or
title to, a firearm to another person who is not so licensed
unless the importer, manufacturer, or dealer has provided such
other person with a notice of the prohibition under paragraph
(1), and such other person has certified that such other person
has been provided with this notice on a form prescribed by the
Attorney General.
(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person
who is licensed to engage in the business of importing,
manufacturing, or dealing in firearms, any firearm in the
licensee's business inventory that has been shipped or
transported in interstate or foreign commerce.
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(3) This subsection does not apply to--
(A) a temporary transfer of a handgun or ammunition
to a juvenile or to the possession or use of a handgun
or ammunition by a juvenile if the handgun and
ammunition are possessed and used by the juvenile--
(i) in the course of employment, in the
course of ranching or farming related to
activities at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of the
property owner or lessee, is performing
activities related to the operation of the farm
or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and
in a locked container, directly from
the place at which such an activity
took place to the transferor; or
(II) with respect to ranching or
farming activities as described in
clause (i), a juvenile may possess and
use a handgun or ammunition with the
prior written approval of the
juvenile's parent or legal guardian and
at the direction of an adult who is not
prohibited by Federal, State or local
law from possessing a firearm;
(iii) the juvenile has the prior written
consent in the juvenile's possession at all
times when a handgun is in the possession of
the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses
or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile;
or
(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an
invited guest.
(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be
subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term ``juvenile''
means a person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection,
the court shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce
subparagraph (A).
(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
(1) Definitions.--In this subsection--
(A) the term ``alien'' has the same meaning
as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term ``nonimmigrant visa'' has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
(2) Exceptions.--Subsections (d)(5)(B)[, (g)(5)(B),
and (s)(3)(B)(v)(II)] and (g)(5)(B) do not apply to any
alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is--
(A) admitted to the United States for lawful hunting
or sporting purposes or is in possession of a hunting
license or permit lawfully issued in the United States;
(B) an official representative of a foreign
government who is--
(i) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(ii) en route to or from another country to
which that alien is accredited;
(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official law enforcement business.
(3) Waiver.--
(A) Conditions for waiver.--Any individual
who has been admitted to the United States
under a nonimmigrant visa may receive a waiver
from the requirements of subsection (g)(5),
if--
(i) the individual submits to the
Attorney General a petition that meets
the requirements of subparagraph (C);
and
(ii) the Attorney General approves
the petition.
(B) Petition.--Each petition under
subparagraph (B) shall--
(i) demonstrate that the petitioner
has resided in the United States for a
continuous period of not less than 180
days before the date on which the
petition is submitted under this
paragraph; and
(ii) include a written statement from
the embassy or consulate of the
petitioner, authorizing the petitioner
to acquire a firearm or ammunition and
certifying that the alien would not,
absent the application of subsection
(g)(5)(B), otherwise be prohibited from
such acquisition under subsection (g).
(C) Approval of petition.--The Attorney
General shall approve a petition submitted in
accordance with this paragraph, if the Attorney
General determines that waiving the
requirements of subsection (g)(5)(B) with
respect to the petitioner--
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.
(z) Secure Gun Storage or Safety Device.--
(1) In general.--Except as provided under paragraph
(2), it shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell,
deliver, or transfer any handgun to any person other
than any person licensed under this chapter, unless the
transferee is provided with a secure gun storage or
safety device (as defined in section 921(a)(34)) for
that handgun.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department
or agency of the United States, a State, or a
department, agency, or political subdivision of
a State, of a handgun; or
(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off duty);
or
(B) the transfer to, or possession by, a rail
police officer directly employed by or
contracted by a rail carrier and certified or
commissioned as a police officer under the laws
of a State of a handgun for purposes of law
enforcement (whether on or off duty);
(C) the transfer to any person of a handgun
listed as a curio or relic by the Secretary
pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun
for which a secure gun storage or safety device
is temporarily unavailable for the reasons
described in the exceptions stated in section
923(e), if the licensed manufacturer, licensed
importer, or licensed dealer delivers to the
transferee within 10 calendar days from the
date of the delivery of the handgun to the
transferee a secure gun storage or safety
device for the handgun.
(3) Liability for use.--
(A) In general.--Notwithstanding any other
provision of law, a person who has lawful
possession and control of a handgun, and who
uses a secure gun storage or safety device with
the handgun, shall be entitled to immunity from
a qualified civil liability action.
(B) Prospective actions.--A qualified civil
liability action may not be brought in any
Federal or State court.
(C) Defined term.--As used in this paragraph,
the term ``qualified civil liability action''--
(i) means a civil action brought by
any person against a person described
in subparagraph (A) for damages
resulting from the criminal or unlawful
misuse of the handgun by a third party,
if--
(I) the handgun was accessed
by another person who did not
have the permission or
authorization of the person
having lawful possession and
control of the handgun to have
access to it; and
(II) at the time access was
gained by the person not so
authorized, the handgun had
been made inoperable by use of
a secure gun storage or safety
device; and
(ii) shall not include an action
brought against the person having
lawful possession and control of the
handgun for negligent entrustment or
negligence per se.
* * * * * * *
----------
CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2012
* * * * * * *
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
* * * * * * *
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
* * * * * * *
Sec. 511. Hereafter, none of the funds appropriated pursuant
to this Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in
connection with the implementation of [subsection
922(t)] subsection (s) or (t) of section 922 of title
18, United States Code; and
(2) any system to implement [subsection 922(t)]
subsection (s) or (t) of section 922 of title 18,
United States Code, that does not require and result in
the destruction of any identifying information
submitted by or on behalf of any person who has been
determined not to be prohibited from possessing or
receiving a firearm no more than 24 hours after the
system advises a Federal firearms licensee that
possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of
section 922 of title 18, United States Code, or State
law.
* * * * * * *
Dissenting Views
This views document is presented in two parts. Part I
contains the Republican Minority's procedural views regarding
the markup of H.R. 8. Part II presents the Minority's
substantive views on the merits of H.R. 8.
PART I: PROCEDURAL VIEWS
The meeting on H.R. 8 marked a radical departure from the
open process, encouraging vigorous debate, which has
historically controlled the Committee's consideration of
legislation. At one of the Committee's very first markups to
consider legislation, the Chairman of the Committee stifled
criticism of the bill, blocking consideration of dozens of
amendments that would have exposed critical flaws in H.R. 8.
With H.R. 8, the Committee did not fulfill its duty to fully
explore every aspect and flaw of the legislation.
After permitting consideration of only ten amendments on
their merits and blocking another three on germaneness, the
majority took the unprecedented step of offering an amendment
in the nature of a substitute--for the sole purpose of cutting
off debate--that had not been noticed publicly. Despite clearly
acknowledging the amendment constitutes ``the text that the
committee intends to mark up'', the Chairman overruled a point
of order that consideration of the amendment violated Clause 2
of rule XI.
Mr. Collins. Mr. Chairman, I make a point of order
that consideration of the legislation before us
violates Rule 2 of the committee rules, as well as Rule
11, Clause (2). An amendment in the nature of a
substitute, when offered by the chairman or another
majority member at the direction of the chairman,
constitutes the text that the committee intends to mark
up.
Chairman Nadler. The amendment and the--I am sorry.
Mr. Johnson of Georgia. Mr. Chairman?
Chairman Nadler. The point of order is not well taken
because the text of the amendment in the nature of a
substitute, including the effective date at 210 days,
is the text that the committee will consider.
The Chairman then refused to recognize a Member for an
amendment to the amendment in the nature of a substitute,
falsely claiming the amendment was not yet in order.
Chairman Nadler. For what purpose does the gentleman
from Ohio seek recognition?
Voice. Mr. Chairman, I have an amendment at the desk.
Chairman Nadler. We are still on the substitute
amendment, and the amendment is not in order yet.
The Chairman then recognized two Members to speak in
support of the amendment in the nature of a substitute but
refused to recognize any Members opposed to the amendment in
the nature of a substitute. At that point he immediately moved
the previous question on the amendment in the nature of a
substitute and proceeded to consideration of H.R. 8 without
permitting any further debate.
The marking up of legislation is one of the Committee's
most important functions. It ensures that legislation is fully
explored and perfected before going before the full House of
Representatives. By preventing members from offering amendments
to the legislation, the Chairman prevented the Committee from
properly discharging its duties. It is our sincere hope that
the Chairman will end his departure from regular order and
allow the Committee to discharge its responsibilities.
PART II: SUBSTANTIVE VIEWS
H.R. 8 is based on false premises and provides nothing more
than false hope. However, when the bill's numerous flaws were
exposed during consideration of the bill, the Chairman refused
to hear from Members critical of the bill and hastily and
arbitrarily ended debate. The use of such questionable tactics,
at the beginning of the Chairman's tenure, does not bode well
for bipartisan cooperation. Since H.R. 8 would do nothing to
prevent mass casualty shootings, curb violent crime or prevent
suicide, we urge our colleagues to oppose this seriously flawed
legislation, and we respectfully dissent.
After every major tragedy, the chorus from Democrats to
``do something'' has also become tragically predictable. Most
of the time, these calls for action come before any of the
facts are known about the shooting. The ``something'' most
often mentioned is implementation of universal background
checks, embodied in H.R. 8. Aside from the obvious and
obnoxious exploitation of the tragedy and its victims, there is
one very simple problem with their rush to ``do something'' in
the wake of a mass shooting, and that is there is no logical
connection between the mass shootings and universal background
checks. The unescapable fact is that H.R. 8 would not have
prevented any of the mass casualty shootings over the past two
decades.
H.R. 8 would have certainly not stopped the Parkland
shootings, where the shooter acquired the firearms legally from
a Federal Firearms Licensee (FFL) after undergoing a National
Instant Criminal Background Check System (NICS) check. The NICS
check showed no derogatory information that would prohibit the
shooter from purchasing or possessing a firearm. This is
despite the fact that the shooter had numerous interactions
with law enforcement which could have potentially led to the
arrest and conviction of an offense that would prohibit him
from possession a firearm under 18 U.S.C. Sec. 922(g).\1\ The
calls included an anonymous tip on February 5, 2016, that Cruz
had threatened to shoot up the school, and a tip on November
30, 2017, that he might be a ``school shooter in the making''
and that he collected knives and guns.\2\ On September 23,
2016, a peer counselor notified the school resource officer of
his suicide attempt and intent to buy a gun.\3\ The school
indicated, at one point, it would do a ``threat assessment'' to
determine if Cruz was a danger to the school and its
students.\4\ Again, in September 2016, three people--a
sheriff's deputy who worked as a resource officer at Stoneman
Douglas, and two of the school's counselors--stated the shooter
should be forcibly committed for mental evaluation.\5\ This, of
course, would have prevented him from purchasing a firearm. On
September 24, 2017, a person with a username similar to that of
the shooter posted a comment to a YouTube video reading,
``Im[sic] going to be a professional school shooter''. The
person who uploaded the video to YouTube reported the comment
to the FBI.\6\ On January 5, 2018, the FBI's Public Access Line
received a tip from a person who was close to the shooter who
indicated the shooter had a ``desire to kill people''.\7\
Following the shooting, the FBI released a statement stating,
``the caller provided information about [the shooter's] gun
ownership, desire to kill people, erratic behavior, and
disturbing social media posts, as well as the potential of him
conducting a school shooting.'' After conducting an
investigation, the FBI said the tip line did not follow
protocol when the information was not forwarded to the Miami
Field Office, where investigative steps would have been
taken.\8\
---------------------------------------------------------------------------
\1\See Nicholas Nehamas, `School shooter in the making': All the
times authorities were warned about Nikolas Cruz, The Miami Herald,
February 22, 2018, https://www.miamiherald.com/news/local/community/
broward/article201684874.html
\2\Id.
\3\Id.
\4\See Bob Norman, School considered shooting suspect potential
`threat' year before massacre, wplg.com, February 16, 2018, https://
www.local10.com/news/parkland-school-shooting/school-considered-
shooting-suspect-potential-threat-year-before-massacre
\5\See https://www.cbsnews.com/news/nikolas-cruz-parkland-shooter-
mental-stability/
\6\Nehamas, supra.
\7\Id.
\8\See https://www.fbi.gov/news/pressrel/press-releases/fbi-
statement-on-the-shooting-in-parkland-florida
---------------------------------------------------------------------------
While the ``do something'' crowd's demands were loudest
after Parkland, they do not stand alone as an example where
universal background checks were demanded after a tragedy.
Parkland is not unique, however, when it comes to the logical
disconnect between the calls for universal background checks
and the actual tragedy. In fact, as pointed out earlier, they
all share one common element: not a single provision of H.R. 8
would have prevented a single one of the tragedies.
H.R. 8 would not have stopped the Sutherland Springs, TX
shooting. The shooter made purchases from an FFL following a
NICS Check. He should have been prohibited from purchasing or
possessing firearms due to his arrest and conviction for
domestic violence, which was not reported into the NICS
system.\9\ Nor would H.R. 8 have stopped the Las Vegas
shootings, where the shooter also purchased his firearms
legally from an FFL after undergoing a background check. There
was nothing in the shooter's history that would have prohibited
him from purchasing or possessing a firearm.\10\ Likewise, the
shooter in the Orlando nightclub purchased his firearms legally
from an FFL following a NICS check.\11\ The same can be said
for the perpetrators of the Virginia Tech, Sandy Hook, San
Bernardino, Thousand Oaks, Fort Hood, Tucson, Aurora, Navy
Yard, the Pittsburgh Synagogue, and any of the other mass
casualty events that the majority use to justify H.R. 8.
---------------------------------------------------------------------------
\9\See Katie Mettler and Alex Horton, Air Force failed 6 times to
keep guns from Texas church shooter before he killed 26, report finds,
The Washington Post, December 7, 2018, https://www.washingtonpost.com/
national-security/2018/12/08/air-force-failed-six-times-keep-guns-
texas-church-shooter-before-he-killed-report-finds/
?utm_term=.b77ea6af13c0
\10\See Dakin Andone, The Las Vegas shooter's road to 47 guns,
cnn.com, October 6, 2017, https://www.cnn.com/2017/10/06/us/stephen-
paddock-47-guns/index.html
\11\See https://www.cbsnews.com/news/gun-shop-owner-orlando-
nightclub-shooter-omar-mateen-passed-background-check/
---------------------------------------------------------------------------
Many of these tragedies did, however, have some things in
common. There were warning signs that were either missed or
ignored by law enforcement prior to their occurrence. Simply
put, H.R. 8 would not have stopped a single mass casualty
shooting the majority uses to justify this bill. If any of
these tragedies were preventable by H.R. 8, we would know it,
because the supporters of this bill would be shouting the
perpetrator's name from the rooftops. When supporters of H.R. 8
are asked which mass casualty shooting would have been
prevented by this bill, the ensuing silence is deafening.
Similarly, H.R. 8 will do nothing to stem the tide of
violence plaguing our urban communities. Supporters of H.R. 8
fail to recognize the way criminals obtain their firearms. A
recent report from the Bureau of Justice Statistics of the
Department of Justice detailed how criminals acquire their
firearms.\12\ A survey of prisoners incarcerated for a crime
during which they possessed a firearm shows nearly half
obtained their firearm either through theft (6 percent) or on
the underground market (43 percent).\13\ H.R. 8 does nothing to
address either of these issues. It is mind-boggling that the
``do something'' majority on this Committee did nothing to
address the methods that nearly half of all criminals use to
get their firearms. In fact, the Chairman ruled as non-germane
an amendment that would have potentially prevented these
tragedies. Despite the fact Committee Democrats consistently
point to the gun show ``loophole'' as a reason for implementing
the draconian requirements of H.R. 8, a mere 0.8 percent of
prisoners polled purchased firearms at gun shows.\14\ Because
the survey does not distinguish between whether the criminal
purchased the firearm from an FFL or a private seller at a gun
show, it cannot be known if H.R. 8 would have prevented anyone
from obtaining a firearm. H.R. 8 also makes the foolish
assumption that criminals will all of a sudden start obeying
the law.
---------------------------------------------------------------------------
\12\See Source and Use of Firearms Involved in Crimes: Survey of
Prison Inmates, 2016, January 2019, Special Report, Bureau of Justice
Statistics, https://www.bjs.gov/content/pub/pdf/suficspi16.pdf
\13\Id.
\14\Id.
---------------------------------------------------------------------------
Not only is H.R. 8 ineffective, it is also unenforceable.
The National Institute of Justice of the Department of Justice
concluded in 2013 that background checks are unenforceable
without a gun registry.\15\ However, H.R. 8 explicitly
prohibits the establishment of a registry. We in no way support
or advocate for the establishment of a registry, but point this
out as to further proof that this bill is a fraud being
perpetrated upon the people being asked to support it.
---------------------------------------------------------------------------
\15\See Greg Ridgeway, Ph.D., Summary of Select Firearm Violence
Prevention Strategies, National Institute of Justice, January 4, 2013
https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1507342/nij-gun-
policy-memo.pdf
---------------------------------------------------------------------------
Not only is H.R. 8 ineffective and unenforceable, it is
simply bad policy that will do nothing more than burden the
lives of law-abiding citizens wishing to exercise their Second
Amendment rights. It will turn a neighbor lending his firearm
to a victim of domestic abuse for her own self-defense into a
criminal. It will likewise turn the victim into a criminal. If
an individual sells her firearm to a police officer, they would
both be criminals under H.R. 8. There are countless other
scenarios that will put law-abiding Americans in legal jeopardy
for a myriad of reasons that make little to no sense. When
these scenarios were presented to the Majority party during
Committee consideration of H.R. 8, they rejected the remedies
we offered outright.
Furthermore, the bill uses undefined and vague terms,
leaving it open to Constitutional challenges that will infringe
upon the rights of law-abiding rights of Americans. The bill
uses undefined terms such as ``imminent.'' What does
``imminent'' mean within the proposed statute? Can one cousin
transfer a firearm to her cousin who fears her domestic abuser?
The legislation is unclear. How long does the exemption for
hunting last? Can I loan my lifelong friend my rifle to hunt
deer for one day or a week? Once again, what does ``great
bodily harm'' mean under the proposed statute? There are
definitions of ``substantial bodily injury'' and ``serious
bodily injury'' within the U.S. Criminal code,\16\ but there is
no definition of ``great bodily harm'' in the criminal code,
which is the term that this bill uses. Had the Republican
minority not been prematurely and inappropriately cut off from
debate on the matter, we would have offered and hoped that the
majority would have accepted amendments to cure these concerns.
---------------------------------------------------------------------------
\16\See 18 U.S.C. Sec. Sec. 113, 1365.
---------------------------------------------------------------------------
This bill is anything but ``common sense'' legislation to
address mass casualty shootings or gun violence. It is a
political maneuver that will do nothing to address the root
causes of violence or prevent criminals from obtaining
firearms. If the Democrat majority actually cared about
preventing gun violence, it is hard to understand why they
rejected an amendment that would notify U.S. Immigration and
Customs Enforcement when an illegal alien attempts to purchase
a firearm from an FFL. If they truly cared about gun violence,
it seems that the amendment should have been accepted. Perhaps
it had not been cleared by the special interests promoting this
bill. Again, we urge our colleagues to reject this bad public
policy that is both ineffective and unenforceable.
Sincerely,
Doug Collins.
Ken Buck.
Matt Gaetz.
Jim Sensenbrenner.
Mike Johnson.
Andy Biggs.
Debbie Lesko.
Ben Cline.
Greg Steube.
Guy Reschenthaler.
Kelly Armstrong.
Dissenting Views
H.R. 8, the ``Bipartisan Background Check Act of 2019,'' is
dishonest, misguided, poorly drafted, ambiguous, impractical,
unworkable, and intentionally designed to deprive law-abiding
Americans of their fundamental rights.
LIES, DAMN LIES, AND POLLING DATA
During the markup of H.R. 8, members of the majority
consistently declared ``97% of Americans support universal
background checks.'' Is this true? In a word--NO. Supporters of
this legislation are misrepresenting the polling. It should
also be noted that, when given a choice at the ballot box,
voters have voted down universal background checks.
The Giffords Law Center to Prevent Gun Violence explains
that a ``universal background check'' is a policy to ``require
background checks by every person who sells or transfers a
gun.''\1\ A universal background check would require a
potentially costly background check before a father can give a
firearm that is a family heirloom to his son. A universal
background check could unnecessarily delay the ability of a
friend to loan a firearm to the victim of domestic violence, so
she can protect herself from her abusive ex-husband. In this
last instance, a delay could be the difference between giving
the woman a chance to defend herself or death. In a universal
background check system, the transferor would face criminal
prosecution, jail time and a substantial fine if the individual
transfers a firearm to anyone prior to completing a background
check on the transferee.
---------------------------------------------------------------------------
\1\Giffords Law Center, Universal Background Checks, https://
lawcenter.giffords.org/gun-laws/policy-areas/background-checks/
universal-background-checks/
---------------------------------------------------------------------------
Despite the majority members' false characterization,
Americans by and large have not indicated support for universal
background checks if it means the father or friend described
above would go to jail. Rather, polling has simply gauged
support for background checks in relation to ``gun sales.'' The
following reflects recent polling questions on this issue:
``Please tell me whether you favor or oppose each of
the following approaches to prevent mass shootings at
schools . . . requiring background checks for all gun
sales.''--Gallup, March 5-11, 2018.
``Do you support or oppose requiring background
checks for all gun buyers?''--Quinnipiac, June 17-20,
2017.
``Do you support requiring all sellers to run
background checks on anyone who buys a gun?''--Morning
Consult, June 17-20, 2016.
Nowhere do these questions ask about universal background
checks. Clearly, the polling is asking about gun sales--not a
gift of loan of gun, as would be regulated under a universal
background check scheme. A gun sale is a commercial transaction
and, as is common knowledge, these transactions are primarily
conducted by gun dealers. Therefore, a poll respondent could
reasonably understand the poll to be asking: ``Should a gun
dealer be required to conduct background checks as part of any
sale?'' A ``yes'' answer to this question is entirely different
than what the members of the majority have represented. That
the public supports requiring gun dealers to run a background
check isn't even news-worthy because it is already required by
federal law.
In addition, it should be noted that many of these polls
were conducted by the media immediately following a mass
shooting. For example, the Gallup poll was conducted three
weeks after the Parkland shooting and Morning Consult initiated
its June 2016 poll less than one week after the Orlando
nightclub shooting. Could the timing of these polls skew the
results given their proximity to a significant tragedy?
Potentially. In that sense, not only has the public not been
asked about universal background checks, but when asked about
gun sales, a poll response in the mid 80-percent range as to
gun sales could be somewhat overstated. The best evidence we
have as to where public sentiment lies on the issue of
universal background checks is the voters' response at the
ballot box. In Maine, voters rejected a 2016 referendum that
would have instituted a state-based universal background
system.\2\
---------------------------------------------------------------------------
\2\The New York Times, Maine Question 3--Expand Gun Background
Checks--Results: Rejected. https://www.nytimes.com/elections/2016/
results/maine-ballot-measure-3-expand-gun-background-checks
---------------------------------------------------------------------------
LEGISLATION IS MISGUIDED
The preliminary purpose stated in the bill will ``require a
background check for every firearm sale.'' That statement is
closer to public sentiment in terms of the polling. The
legislative text, however, is a bait and switch. The bill not
only seeks to regulate gun sales, it would also regulate non-
commercial transfers between private parties, including between
family members, in significant ways. The bill criminalizes many
common and often necessary firearms transfers between law-
abiding citizens.
This legislation will not reduce criminals' access to guns.
During the markup, the majority cited statistics implying that
H.R. 8 was necessary to prevent criminals from gaining access
to a firearm. According to a Bureau of Justice Statistics
survey released in January 2019, however, only 7.0% of
convicted criminals purchased the gun they used during the
commission of a crime ``under their own name from a licensed
firearm dealer.''\3\ The same survey indicated that most
criminals gained access to a firearm through unlawful means--by
theft, being present at a crime scene, through a straw
purchaser or through the black market.
---------------------------------------------------------------------------
\3\U.S. Department of Justice, Office of Justice Programs, Bureau
of Justice Statistics, Source and Use of Firearms in Crimes: Survey of
Prison Inmates, 2016, January 2019.
---------------------------------------------------------------------------
Will this legislation stem the sale of illegal guns on the
black market? That's unlikely. It, therefore, strains credulity
to think that H.R. 8 would have any meaningful impact on
reducing criminals' access to firearms or to reduce gun crimes.
Given the facts, the purpose of this legislation, therefore, is
laid bare. The bill is designed to regulate gun transfers
between law-abiding persons who have no criminal intent or past
criminal history.
A STRAIGHTFORWARD READING OF THE STATUTE
In a weak attempt to defend H.R. 8, members of the majority
party stated the bill's text has been around for ``decades.''
It should also be noted that the bill is only six pages in
length--which means it shouldn't take too long to read and
comprehend the bill's language. Despite both the legislation's
longevity and brevity, the members in the majority party
repeatedly demonstrated their superficial understanding of the
bill and its implications.
H.R. 8 consists of six sections. Section 3 contains the
operative provision of the bill (amending 18 USC 922). Section
3 creates a new ``paragraph ``1'' under which private party
firearm transfers would be restricted. Paragraph 1 lays down
the general rule making it ``unlawful . . .'' to transfer a
firearm . . .'' to anyone unless: (1) the transferee is
federally licensed; or (2) a licensed dealer is used as an
intermediary to complete a gun transfer. Paragraph 2 then sets
outs several narrow exceptions to the general rule established
under paragraph 1.
Critical to any understanding of this statutory scheme is
the fact that only the conduct of the transferor is
criminalized under the bill. This bill does not, contrary to
statements made during the markup, criminalize the conduct of
the transferee/recipient of the firearm. (Though it should be
noted that current law already makes it illegal for many
convicted felons to take possession of a firearm).
POORLY CONSTRUCTED EXCEPTIONS
While paragraph 1 contains the general rule establishing
criminality, paragraph 2 creates six exceptions, offering
immunity for one of a few narrowly tailored qualifying
transfers. If a transferor meets one of these exceptions, he or
she will not need to use a dealer or dealer intermediary to run
a background check to complete a firearms transfer. Because of
this construct, the immunity created under these exceptions
applies to the act of transfer which means these exceptions
must be examined from the perspective of the transferor.
During debate on this bill, no greater misunderstanding of
this legislation was evident than with respect to the language,
application and implications of these exceptions. Of the six
transfer exceptions found in the bill, five appear most
applicable to a member of the public. These include the
following:
1. Law Enforcement. This exception states paragraph
(1) shall not apply to: ``a law enforcement agency or
any law enforcement officer, armed private security
professional, or member of the armed forces to the
extent the officer, professional, or member is acting
within the course and scope of their employment and
official duties.''
2. Family Exception. This exception states paragraph
(1) shall not apply to: ``a transfer that is a loan or
bona fide gift between spouses, between domestic
partners, between parents and their children, between
siblings, between aunts or uncles and their nieces and
nephews, or between grandparents and their
grandchildren.''
3. Estate Exception. This exception states paragraph
(1) shall not apply to: ``a transfer to an executor,
administrator, trustee or personal representative of an
estate or a trust that occurs by operation of law upon
the death of another person.''
4. Good Samaritan Exception. This exception states
paragraph (1) shall not apply to: ``a temporary
transfer that is necessary to prevent imminent death or
great bodily harm, if the possession by the transferee
lasts only as long as immediately necessary to prevent
the imminent death or great bodily harm.''
5. Recreation and Sport Exception. This exception
states paragraph (1) shall not apply to: ``a temporary
transfer if the transferor has no reason to believe
that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing
firearms under State or Federal law, and the transfer
takes place and the transferee's possession of the
firearm is exclusively--
(i) at a shooting range or in a shooting
gallery or other area designated for the
purpose of target shooting
(ii) while reasonably necessary for the
purposes of hunting, trapping, or fishing, if
the transferor (I) has no reason to believe
that the transferee intends to use the firearm
in a place where it is illegal; and (II) has
reason to believe that the transferee will
comply with all licensing and permit
requirements for such hunting, trapping, or
fishing, or
(iii) while in the presence of the
transferor.
Law Enforcement Exception
Upon close reading and examination of the five exceptions
quoted above, two exceptions relate to a ``transfer'' to
permitted persons (family or in relation to an estate) and two
others relate to a ``temporary transfer'' (preventing harm or
in relation to certain activities such as hunting). The fifth
exception is an anomaly in terms of language. The ``Law
Enforcement Exception'' reads noticeably different than the
other exceptions--it does not use the word ``transfer'' and
therefore should not be read to suggest any transfer to law
enforcement is exempt under the statutory scheme.
During debate, the Chairman stated someone contemplating
suicide could safely transfer a firearm to law enforcement and
the transferor would be shielded from prosecution under the Law
Enforcement Exception. That conclusion certainly isn't
supported by the legislative text. The bill doesn't, for
example, exempt ``any transfer or temporary transfer to or from
a law enforcement agency. . . .''
Rather, this exception can only be read to give immunity to
law enforcement in relation to a firearms transfer made by law
enforcement. This exception does not provide immunity in
relation to ``transfers to'' law enforcement. How might this
apply in practice? This exception gives law enforcement
immunity to transfer a firearm in conjunction with an
undercover operation or investigation. This is the only
reasonable interpretation of the meaning and application of
this exception given the bill's language.
Where does this leave a citizen transferor who wants to
transfer a firearm to law enforcement? If a child finds an
abandoned gun in a park, how does this bill treat the parent
who surrenders the firearm to the police? As a felon. Can
someone who is contemplating suicide give their gun to police
temporarily? Not under this exception. Does this provision
shield a citizen participating in a state or local gun buyback
program\4\ from federal prosecution under this bill? No--not at
all. Is an attorney who surrenders a firearm to law enforcement
on behalf of a client to allow ballistics testing immune from
prosecution? No. The impact of this poorly written exception
cannot be understated. Without modification, H.R. 8
criminalizes citizen transfers to law enforcement even when the
transfer would promote public safety, in an emergency, or
during gun buyback programs. This legislation will
substantially curb public cooperation with law enforcement in
many circumstances.
---------------------------------------------------------------------------
\4\Whether gun buybacks programs are effective is debatable.
Nevertheless, states and localities should be free to undertake these
programs. Under these programs, citizens are free to surrender a
firearm to their local police department--often with no questions
asked. These programs are common in the congressional districts of many
members of the Judiciary Committee. New York City, the hometown of the
Chairman, conducts a year-round program. San Jose, Providence, Rhode
Island, Los Angeles and Houston--all cities in districts represented by
members in the majority on this committee--have conducted gun buybacks
in recent years.
---------------------------------------------------------------------------
In addition, the text of the Law Enforcement Exception also
provides special treatment for a ``private security
professional.'' This language gives special rights and
privileges to the wealthy elites, like former Mayor Bloomberg--
a notorious advocate of gun control legislation to deprive
citizens of their Second Amendment rights--and his bodyguards.
At the same time, this bill denies similar protections to
persons who have a need for personal protection but who lack
the wealth and resources to hire private security. No law
should be more offensive to our Constitution and the idea of
freedom than a bill that denies nearly all citizens their
rights while giving wealthy elites special protection,
privileges and dispensations.
The minority offered an amendment to expand the bill's
exemptions to include concealed carry permit (CCP) holders. The
majority argued that the training of CCP holders is
inconsistent from state to state and perhaps inadequate.
Couldn't the same be said for a ``private security
professional?'' Many states don't require licensing of private
security professionals. Many that do, do not require any form
of firearms training. The result is that the majority has put
forward a bill that ensures someone without firearms training,
knowledge and experience can transfer a firearm while a CCP
holder, who has extensive training, knowledge and experience,
cannot complete a similar transfer.
Given the obvious flaws in the legislation, the minority
filed at least twenty-one amendments to bring much needed
clarity and fairness to the Law Enforcement Exception. These
good faith amendments were offered consistent with the
interests of public safety. They included:
Buck Amendment #1--clarifying existing exceptions and
allowing transfers to, among other persons, first
responders, military reservists, the National Guard,
Coast Guard and Coast Guard Reservists, medical
professionals and in emergency situations.
Buck Amendment #5--allowing transfers to law
enforcement as part of gun buyback programs and for
other purposes.
Buck Amendment #35--allowing a transfer to an
intermediary, such as an attorney, where the purpose of
the transfer is to facilitate a firearm transfer to law
enforcement.
Sensenbrenner Amendment--allowing a transfer to
someone who has a concealed-carry permit (defeated in
committee).
Chabot Amendment--allowing a transfer to law
enforcement officers authorized to carry a firearm as
part of his or her employment (defeated in committee).
Buck Amendments #15 through #19, #21 through #24,
#26, and #28--allowing transfers to persons who might
be present at the scene of an emergency, who might be
engaged in search and rescue activities following a
natural disaster or other tragedy or might, by taking
possession of a firearm, be able to diffuse a
potentially volatile situation.
The majority defeated the Sensenbrenner and Chabot
Amendments and used procedural measures to block consideration
of at least nineteen other clarifying public safety amendments.
Family Exception
As admitted by the majority, the language of H.R. 8 is
decades old. The language in the Family Exception clearly
reflects the bill's age. Its language is outdated and, in fact,
discriminatory. The language of this exception fails to
recognize many of today's common family relationships that are
deserving of recognition and protection by Congress, including
in relation to the transfer of a firearm.
H.R. 8 creates an exception allowing a transfer between
spouses. Under federal law, however, common law marriage must
meet a different legal standard. Is the transfer of a firearm
between spouses in a common law marriage permitted under the
Family Exception? The answer is, at best, unclear but it is
likely excluded from this exception. Transfers between common
law spouses should be given clear and unambiguous protection.
The bill allows a firearm transfer from a parent to child.
Are transfers between a step-parent and step-child, between a
foster-parent and foster-child or legal guardian and child
treated similarly? No--not under the bill. These relationships
are legally distinct from the relationships that are covered
under this exception. Is this legally defensible? Not at all.
Ask a step-parent to name their children. Most will include the
names of their step-children without hesitation. These
relationships should not be denied equal protection.
The bill creates an exception allowing a grandparent to
transfer a firearm to a grandchild. Transfers between a great-
grandparent and great-grandchild, however, are not afforded the
same protection. Shouldn't H.R. 8 afford legal protections
based on the reality of the family makeup rather than
discriminate against it? Absolutely, but the bill doesn't do
that.
The bill allows a transfer between aunt and uncle and niece
or nephew. First cousins are excluded from this portion of the
Family Exception. Under the bill, Uncle Dave and Aunt Ruth can
give their nephew, Craig, a shotgun for Christmas. But if,
under the bill, Dave and Ruth's son, James, joins in the gift
giving, that transfer would not be exempted from prosecution.
Under the bill, transfers between cousins are not permitted
without use of a dealer intermediary. That makes no logical
sense.
The minority filed numerous amendments to bring much needed
clarity to the Family Exception. As with other amendments, the
majority used procedural measures to preclude any consideration
of these amendments.
Estate Exception
The Estate Exception is incomplete, particularly in
relation to the operation of state law. The exception allows
the transfer of a firearm to an executor, administrator,
trustee, or personal representative of a decedent. Following
that, under state law, these firearms must either be
transferred: (a) in accordance with the decedent's estate plan
such as directed by his or her will or trust; or (b) if the
individual dies intestate, then in accordance with state
probate law. H.R. 8, however, contains no exemption for an
executor who is under a legal obligation to complete a firearms
transfer required by state law to do so without using a dealer
intermediary.
As a result, this bill supersedes and interferes with an
individual's estate plan and operation of state law, including
by allowing potentially significant transfer fees. What if an
estate lacks resources to pay the costly firearms transfer
fees? Under the Family Exception, a father could transfer a
firearm to his son during life but, if the father dies, under
the Estate Exemption, the executor is prohibited from
transferring the same firearm to the same son one day after the
father's death. This makes no sense. The executor, often an
attorney or bank and trust company, would be committing a crime
if a dealer intermediary was not used to complete a transfer
required by state law to the son.
Noticeably absent in the bill is a transfer exception
allowing an individual acting under a valid power-of-attorney
to lawfully take possession of a firearm. A power-of-attorney
is a common component of most estate plans. This document
allows the attorney-in-fact to act consistent with the
document's instructions, such as to manage the affairs of the
principal when he or she is hospitalized or becomes
incapacitated. An attorney-in-fact should be able to take
temporary possession of a firearm to secure it rather than
leave it unsecured in an unoccupied home, such as while the
principal is hospitalized. Under state law, the principal would
be able to take such actions. H.R. 8, however, makes that
common-sense action unlawful. Federal law should give clear
affirmation that this kind of action would not constitute a
criminal act.
The minority filed several amendments to address these
concerns and bring much needed clarity to the Estate Exception.
The majority engaged in procedural maneuvers to block full
consideration of each of these amendments that would have aided
in the administration of state probate law.
Good Samaritan Exception
The Good Samaritan Exception is another problematic and
terribly ambiguous provision of the bill. The bill exempts
transfers ``necessary to prevent imminent death?'' ``Imminent''
means ``ready to take place'' or ``a danger that is menacingly
near.'' If an individual is having occasional suicidal thoughts
and, in an abundance of caution, asks a friend, a good
Samaritan, to take custody of his guns for a few days is death
``imminent?'' Likely, not. As such, this kind of transfer is
criminalized under the bill.
This exception also permits a transfer but only where the
transfer lasts as long as is ``immediately necessary.'' In
other words, a transfer must be reversed immediately once the
threat has been ameliorated. What if the return is not
immediate? Could the transferor be charged with a crime if, for
example, the transferee was on vacation at the time the
transferor stopped having the suicidal thoughts? Under the
legislation, yes. Will federal law enforcement use this as a
basis to prosecute gun owners whenever there is a delayed
return transfer?
Is the return of a firearm to its owner, as required under
this exception, an exempt transfer? A plain reading of the
legislative language provides no immunity for the return
transfer by the good Samaritan--even though the bill requires
such transfer. Based on this language, the gun owner (the
original transferor) could face prosecution if the firearm is
not immediately returned to him while the good Samaritan
(acting as a return transferor) could face prosecution if he
immediately returns the firearm without using the required
dealer intermediary. What if the reason for delay is the lack
of availability of a dealer intermediary to complete the return
transfer for the good Samaritan? Under the bill, this delay
puts the original transferor in criminal jeopardy.
Conflicting and ambiguous language, such as this, will
frustrate the very intent of this exception. Any law-abiding
gun owner who understands the overly-prescriptive nature of
this exception would likely decide to keep his guns, instead of
seeking help from a friend. It might also cause someone
otherwise willing to act as a good Samaritan to decline to
help. The result, in either event, is that the firearm will not
be removed to avoid a potentially dangerous situation. A bill
that creates this scenario--which could lead to the worst of
all possible outcomes--is no success; it's a failure.
The minority filed several amendments to clarify these
issues, but the majority refused to allow these amendments to
be offered, to hear the concerns of the minority and to debate
these amendments. Consequently, the vague and ambiguous
language of the bill as to this exception remains.
Sport and Hunting Exception
As with the other exceptions contained in the bill, the
language allowing temporary transfers related to sport, hunting
and other activities is overly prescriptive. As such, these
provisions contain ambiguities that render the exception
unworkable. The result, regrettably, could lead to the
prosecution of unlawful firearms transfers based on mere
technicalities, including in situations where no person was
ever at risk. Given the statements of many supporters of this
legislation, that may well be their intent.
Under the hunting component of this exception, the
transferor is required to have ``no reason to believe'' that a
transferee will use a firearm in any place that is illegal
while also having a ``reason to believe that the transferee
will comply'' with licensing and permitting requirements. Under
this language, a transfer is allowed if, under the first
component, the transferor possesses no knowledge as to
criminality while, under the second component, the transferor
must have actual, concrete knowledge in terms of hunting
licensing. These are two contrary standards that could cause
confusion. It remains to be seen how a transferor would be
expected to satisfy the actual knowledge standard contained in
the second component. Is the transferor expected to interrogate
the transferee? Would he need to ask to inspect his papers,
such as requiring presentment of the transferee's hunting
license?
Another point eloquently made during the markup related to
how rural states and portions of the United States view farming
and ranching as protected activities. One amendment sought to
expand this exception to make it complementary to state law.
This amendment was defeated.
The minority offered amendments to clarify this exception,
but these amendments were denied consideration by the majority.
EFFORTS TO PROVIDE ADDITIONAL PROTECTIONS
Another area of concern raised by the minority members is
the provision of the bill that precludes any regulatory cap on
the transfer fees that could be charged to facilitate a gun
transfer using a dealer intermediary. The minority filed
amendments to address this issue. None of these amendments were
adopted. It seems clear that the majority wants to use this
legislation to impose large and onerous fees on the transfer of
previously-owned firearms, including perhaps, by allowing state
and local authorities to impose additional significant transfer
taxes on top of those fees charged by a dealer intermediary.
In addition, members of the minority filed amendments
related to several other issues of Constitutional concern.
These amendments would have: (a) allowed federal funds to be
used to restore an individual's gun rights if the individual
could prove good character to the Attorney General, using a
process that already exists under current law; (b) limited the
bill to regulate only interstate firearms transfers; (c)
created positive incentives for licensed dealers to facilitate
private party firearms transfers, such as offering immunity
from tort claims if a previously owned firearm proved defective
(by law, the dealer must treat the used firearm as part of his
``inventory'' which suggests he has put the firearm into the
stream of commerce when, instead, he is merely facilitating a
transfer of something already in the stream of commerce); (d)
allowed states to act consistent with the Tenth Amendment by
adopting a regulatory scheme that gives primacy to state
regulation in relation to private party gun sales; and (e)
required destruction of any government records by the bill if
any court rules the bill is unconstitutional. The majority used
procedural measures to defeat or block each of these
amendments.
SHALL NOT BE INFRINGED
The Second Amendment protects each citizen's right to keep
and bear arms. The reason a law-abiding American might chose to
own a firearm is as unique as the individual gun owner. These
reasons include for sport and recreation, such as hunting or
target practice. For work-related reasons, as is common among
farmers and ranchers, law enforcement and other security
professionals. For personal protection, including the
protection of loved ones and property. Regardless of the
purpose, the Constitution provides that this right ``shall not
be infringed.''
As outlined above, H.R. 8 is terribly flawed legislation.
The legislation will deprive law-abiding Americans of their
fundamental rights. In total, Republicans filed 107 amendments
to address and fix the obvious flaws of this bill. Democrats
permitted votes on only a handful of amendments and used
procedural maneuvers to block debate on nearly 100 amendments.
It is apparent that the markup of this bill had one purpose--to
rush a flawed bill out of committee and bring it hastily to the
floor of the House of Representatives, rather than taking the
time to scrutinize a bill that is obviously unworkable in its
present form.
While H.R. 8 may pass the House of Representatives in the
near future, it will not pass the Senate this Congress. Law-
abiding gun owners and defenders of the Second Amendment,
however, should not rest. During the markup of this
legislation, several members of the majority promised H.R. 8
was ``only the first step'' and suggested that ``there would be
more to come.'' That is exactly what law-abiding gun owners and
defenders of the Constitution should fear. It will take nothing
short of complete vigilance to protect our Second Amendment
rights and to defeat this poorly crafted legislation--and
whatever else its proponents have in mind.
``The laws that forbid the carrying of arms are laws
of such a nature. They disarm only those who are
neither inclined nor determined to commit crimes. . . .
Such laws make things worse for the assaulted and
better for the assailants; they serve rather to
encourage than to prevent homicides, for an unarmed man
may be attacked with greater confidence than an armed
man.''--Thomas Jefferson, Commonplace Book, Quoting
18th century criminologist, Cesare Beccaria.
For the reasons stated above, I dissent from the views
contained in the Committee's report.
Sincerely,
Ken Buck.
Dissenting Views
I am a strong supporter of the Second Amendment and an
individual's right to keep and bear arms. The overwhelming
majority of gun owners are law-abiding citizens who use
firearms for sporting purposes, as historical collector's
items, to go hunting with their children, and if necessary, to
protect themselves and their families. The legislation that we
are considering today would do nothing more than criminalize
common transfers of firearms while doing nothing to prevent gun
violence.
However, some lawmakers view the Second Amendment as being
an inferior Amendment, to be restricted and curtailed. But the
Founding Fathers included the first 10 Amendments, also known
as the Bill of Rights, in the Constitution because they
understood the need to place restrictions on the Federal
Government in order to protect individual liberty.
The Second Amendment states that ``the right of the people
to keep and bear arms, shall not be infringed.'' In 2008, the
Supreme Court held that the Second Amendment protects an
individual's right to possess a firearm for traditionally
lawful purposes, such as for self-defense within the home.
Anytime we are discussing placing restrictions on an enumerated
Constitutional right, we must very carefully weigh the
different competing interests.
I, along with fellow colleagues here on our side of the
aisle, do want to see a reduction in violent crime and rates of
gun violence. Unfortunately, the legislation we are considering
today would do nothing to help combat gun violence, especially
in relation to mass shootings. None of the recent mass
shootings that have occurred in this country would have been
prevented with this legislation. The only effect this
legislation would have that I can clearly determine would be
preventing law-abiding citizens from exercising their Second
Amendment Constitutional right.
This legislation is poorly drafted and ill considered. Some
of the actions that would become illegal include loaning a gun
to a longtime neighbor, say because of recent break-ins in the
neighborhood, donating a historic firearm to a museum, or
gifting a gun to a stepchild. This legislation would even make
it illegal to remove firearms from a friend's or neighbor's
house at their request if they were having suicidal thoughts.
This simply punishes lawful gun owners without addressing the
realities behind gun violence.
In California, which has some of the strictest gun laws in
the country, universal background checks have proven to be a
failure. A recent study by the Violence Prevention Research
Program at UC Davis and Johns Hopkins University found that the
implementation of universal background checks had no effect on
the rates of suicide or homicide by firearms. Simply put,
universal background checks have been proven to not reduce gun
violence and will do nothing to protect the American people.
To combat gun violence, we must look at improvements to our
mental health system, and we must more effectively enforce the
laws currently on the books. We should not be wasting valuable
time on an ineffective bill that will only serve to impede upon
the Constitutional rights of law-abiding Americans. I urge my
colleagues to vote against this measure and work on finding
real solutions to gun violence. We should stop playing politics
with legislation that won't benefit the American people.
Martha Roby.
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