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1 1 (October 3, 2022)

handle is hein.crs/govejcw0001 and id is 1 raw text is: Congressional Research Service Informing the legislitive debate since 1914 0 Updated October 3, 2022 Firearm Background Checks Under H.R. 8 and H.R. 1446 On March 11, 2021, the House has passed two bills (H.R. 8 and H.R. 1446) that would amend the background check provisions of the Gun Control Act of 1968 (GCA; 18 U.S.C. §§921-934). The House also passed nearly identical bills in the 116th Congress (H.R. 8 and H.R. 1112). The Bipartisan Background Checks Act of 2021 (H.R. 8) would make nearly all intrastate, private-party firearms transactions subject to the GCA recordkeeping and background check, arguably closing what some gun control advocates refer to intrastate, private firearm transfers as the gun show loophole For a similar proposal, see S. 529. The Enhanced Background Checks Act of 2021 (H.R. 1446) would lengthen the amount of time firearms transactions could be delayed pending the completion of a background check from three business days under current law to several weeks. The timeliness and accuracy of FBI- administered firearms background checks became a matter of controversy following the June 17, 2015, Charleston, SC, mass shooting at the Emanuel African Methodist Episcopal Church. The House-passed bill in the 116th Congress was H.R. 1112. Gun Control Act of 1968 The GCA's stated purpose is to assist federal, state, and local law enforcement in the ongoing effort to reduce crime and violence. Congress stated, however, that the GCA's intent is not to place any undue or unnecessary federal restrictions or burdens on law-abiding citizens in regard to the lawful acquisition, possession, or use of firearms for hunting, trapshooting, target shooting, personal protection, or any other lawful activity. Frearm Dealer Licensing The GCA requires all persons manufacturing, importing, or selling firearms as a business to be federally licensed. These licensees are known collectively as federal firearms licensees, or FFLs. In general, only FFLs are authorized to engage in interstate firearms commerce. The act requires FFLs to maintain records on all commercial firearms transactions. Intrastate, private transfers between unlicensed persons not engaged in the business of dealing in firearms for profit and the principal source of their livelihood are not covered by the recordkeeping or the background check provisions of the GCA. Under current law, unlicensed persons (non-FFLs) may transfer firearms among themselves intrastate, as long as they do not transfer a firearm knowingly to a prohibited person (e.g., a convicted felon or fugitive from justice), or a handgun to a juvenile (under 18 years of age). Federal Firearms Ineligibility The GCA generally prohibits any person from transferring a handgun or ammunition suitable for a handgun to a juvenile, and juveniles are prohibited from possessing a handgun or ammunition suitable for a handgun, although there are exceptions enumerated in this provision (18 U.S.C. §922(x)). The GCA prohibits FFLs from transferring a long gun (rifle or shotgun) or ammunition to anyone under 18 years of age; and a handgun or ammunition suitable for a handgun to anyone under 21 years of age (18 U.S.C. §922(b)(1)). The GCA sets forth nine categories of persons prohibited from shipping, transporting, receiving, or possessing firearms or ammunition (18 U.S.C. §922(g)). For example, persons convicted of felony or domestic violence misdemeanor offenses are prohibited persons. Persons under felony indictment are prohibited from receiving, but not possessing firearms (18 U.S.C. §922(n)). Under current law, it is a felony for any person knowingly to transfer a firearm or ammunition to any prohibited persons, or if the transferor has reasonable cause to believe that the transferee is prohibited under any of the GCA's prohibiting categories (18 U.S.C. §922(d)). Whenever an unlicensed person seeks to acquire a firearm from an FFL, both the FFL and prospective purchaser must complete and sign a Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473. On this form, the purchaser attests under penalty of law that he or she is not a prohibited person and that he or she is the actual buyer. The FFL must also verify the purchaser's name, date of birth, and other information by examining government-issued identification (e.g., a driver's license). Background Checks Pursuant to the Brady Handgun Violence Prevention Act, 1993 (P.L. 103-159), the Federal Bureau of Investigation (FBI) activated the National Instant Criminal Background Checks System (NICS) in November 1998. NICS is a computer system of systems that queries other federal, state, local, tribal, and territorial criminal history and other public records that could indicate that an unlicensed, prospective customer is prohibited from acquiring a firearm under the GCA. FFLs are required to initiate a background check through NICS on any prospective unlicensed customer who seeks to acquire a firearm from them through a sale, trade, or redemption of firearms exchanged for collateral (18 U.S.C. §922(t)). Under the Brady Act, states may opt to handle firearms eligibility determinations or allow the FBI to handle such determinations. States that have opted to handle those determinations themselves are known as Point of Contact (POC) states. In response to a background check, the NICS is to respond to an FFL or POC state official with a NICS Transaction Number (NTN) and one of three outcomes:

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