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1 1 (February 22, 2019)

handle is hein.crs/govzbo0001 and id is 1 raw text is: ~ Inf1r. in the leiltvedbt, sn 11 Updated February 22, 2019 Firearms Background Checks Under H.R. 8 and H.R. 1112 On February 13, 2019, the House Committee on the Judiciary ordered reported two bills (H.R. 8 and H.R. 1112) that would amend the federal firearms background check provisions in the Gun Control Act of 1968 (GCA; 18 U.S.C. §922 et seq.). partisan Background Checks Act of 2019 (H.R. 8) H.R. 8 would make intrastate, private firearms transactions subject to the GCA recordkeeping and background check requirements by prohibiting unlicensed persons from transferring a firearm to any other unlicensed person, unless a federally licensed firearms dealer takes possession of such firearm and facilitates such a transaction by running a background check on the unlicensed prospective transferee (buyer). Under current law, unlicensed persons are generally prohibited from making interstate firearms transfers between one another. H.R. 8 would essentially extend this interstate prohibition to intrastate (same state) firearms transactions. For a similar proposal, see the Background Check Expansion Act (S. 42). Enhanced Background Checks Act (H.R. 11I12) H.R. 1112 would extend the delayed transfer period from 3 business days to 10 business days when a background check yields information that suggests that an unlicensed prospective transferee might be prohibited from receiving or possessing firearms. After 10 business days, the transferee could petition the Attorney General to complete the eligibility determination. Under H.R. 1112, the federally licensed gun dealer could proceed with the transfer at his or her discretion if he or she had not received a final eligibility determination within 10 business days of the petition. Gun Control Act of I968 The GCA's stated purpose is to assist federal, state, and local law enforcement in the ongoing effort to reduce crime and violence. Observers have long noted that the assassinations of President John F. Kennedy and his brother, Senator Robert F. Kennedy, and civil rights leader Martin Luther King provided the impetus to pass the GCA. 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. Federal Firearms 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 Eligibility 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)). It is a felony for any person 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 an ATF 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,

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