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house Bill H.R. 1112

Should Gun Dealers Have to Wait Longer for Completed Background Checks Before Transferring a Gun to the Buyer?

Argument in favor

This bill would close the so-called “Charleston loophole” by requiring gun dealers to wait longer than just three days for a completed background check before turning over a gun to the buyer. A 10 business day waiting period followed by an escalated review of equal length is a long enough time for gun dealers to wait to complete the sale of a firearm.

Deepstate's Opinion
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02/25/2019
There has been nearly as many mass shootings as days in 2018 As of November 8 2018 there has been 307 mass shootings, "three hundred and seven"! If closing this loop hole saves one life it will be worth the wait! Save a life, Embrace the wait!! Be the adult of patience not the child who wants the lolly pop now!! Please vote to close this loop hole.
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Xander 's Opinion
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02/28/2019
If y’all are this angry about having to wait an extra week for a gun for the sake of making sure background checks go through, you don’t get to claim to be responsible gun owners.
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Tim and tess's Opinion
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02/28/2019
If we want to keep guns out of the hands of buyers who should not have a gun, the background check should be thorough. The gun seller and buyer should be responsible enough to accept this.
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Argument opposed

It shouldn’t take more than three business days to complete a background check on an unlicensed prospective gun buyer, and if it does the business owner should be able to transfer the gun at their discretion as is the case under current law. Delaying a sale for up to a potential 20 business days is unfair to the gun buyer and seller.

Mel's Opinion
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02/27/2019
There is no proof that this will do anything except further infringe on our 2nd amendment rights.
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Tooluser1's Opinion
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02/28/2019
Remind me why Democrats *aren't* fascist? Every action, bill, or proposal they offer strips rights and choices under the false premise of "helping".
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Mark's Opinion
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02/28/2019
Thank you in advance for your strong opposition to H.R.1112. Like near identical H.R.8, this bill is another wolf in sheep‘s clothing. It does nothing to disarm criminals and further restricts the rights of honest people. Moreover this bill would require all of the future liability in a firearm sale be placed upon the dealer when the 20th day escalated background check is unresolved and the sale can proceed. Legitimate, lawful purchases would easily be denied by bureaucrats simply strangling the resources required to perform the background checks. The resulting backlog of background checks and transfer for liability of the sale to the dealer would effectively eliminate the ability to purchase a firearm. This bill is clearly unconstitutional and in direct violation of our 2nd Amendment rights.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house Passed February 28th, 2019
    Roll Call Vote 228 Yea / 198 Nay
      house Committees
      Committee on the Judiciary
    IntroducedFebruary 8th, 2019

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What is House Bill H.R. 1112?

This bill would extend the initial background check review period for gun purchases from three business days to 10 business days, and require licensed gun dealers to request an escalated review by the Federal Bureau of Investigation (FBI) that’d last another 10 business days if the initial background check isn’t resolved. If the escalated review isn’t completed within 10 business days, the licensed gun dealer would be allowed to transfer the firearm to the buyer in question as long as the dealer certifies they have no reason to believe the buyer should be barred from obtaining a firearm. (Under current law, if a background check isn't completed within three business days of its submission the gun purchase can proceed.)

Impact

Unlicensed gun buyers and licensed gun dealers; people and entities administering background checks.

Cost of House Bill H.R. 1112

A CBO cost estimate is unavailable.

More Information

In-Depth: House Majority Whip Jim Clyburn (D-SC) introduced this bill to close the so-called “Charleston loophole” by requiring gun dealers to wait longer than three business days for a completed background check to transfer a gun to a potential buyer. The loophole allowed a gunman who murdered nine and wounded three others after they received a gun because the FBI background check, which would’ve prevented their gun purchase because of a drug arrest, wasn’t completed within three days. Clyburn offered the following statement on his bill:

“The real tragedy of the Emanuel Massacre is that it could have been prevented. We need to ensure that background checks are completed before weapons are sold. This legislation seeks to provide, with as much certainty as possible, that guns are not sold to those who ought not have them.”

Original cosponsor Rep. Peter King (R-NY) added:

“Very simply, law enforcement needs the tools and the time to ensure that those individuals who should not have guns do not get guns. I am proud to work with Congressman Clyburn to prevent another tragedy from happening.”

Opponents of this legislation have pointed out that under current law even if the unlicensed buyer takes possession of the gun after three days, the Federal Bureau of Investigation continues to resolve the background check for up to 90 days. If it turns out that the buyer should’ve been prohibited by the background check and the gun was transferred, the ATF is notified and steps are taken to confiscate the weapon and potentially prosecute the buyer.

This legislation passed the House Judiciary Committee on a 21-14 vote that was mostly along party-lines and has the support two cosponsors including King and Rep. Joe Cunningham (D-SC).


Media:

Summary by Eric Revell

(Photo Credit: iStock.com / Marina_Skoropadskaya)

AKA

Enhanced Background Checks Act of 2019

Official Title

To amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee.

    There has been nearly as many mass shootings as days in 2018 As of November 8 2018 there has been 307 mass shootings, "three hundred and seven"! If closing this loop hole saves one life it will be worth the wait! Save a life, Embrace the wait!! Be the adult of patience not the child who wants the lolly pop now!! Please vote to close this loop hole.
    Like (147)
    Follow
    Share
    There is no proof that this will do anything except further infringe on our 2nd amendment rights.
    Like (100)
    Follow
    Share
    If y’all are this angry about having to wait an extra week for a gun for the sake of making sure background checks go through, you don’t get to claim to be responsible gun owners.
    Like (106)
    Follow
    Share
    Remind me why Democrats *aren't* fascist? Every action, bill, or proposal they offer strips rights and choices under the false premise of "helping".
    Like (73)
    Follow
    Share
    If we want to keep guns out of the hands of buyers who should not have a gun, the background check should be thorough. The gun seller and buyer should be responsible enough to accept this.
    Like (72)
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    If someone cannot wait to own a weapon, they should not own a weapon. If a weapons dealer cannot wait to sell a weapon, they should not be a weapons dealer. More rigorous background checks are something the majority of Americans are hoping for, something that is promised and prayed for by politicians after every publicized shooting. So far, 6 children have been killed by gun violence in Jacksonville in 2019. More injured. If there is even a slight chance that stiffer background checks and more time to vet gun owners will prevent any future deaths, it is worth it. I expect my representatives to stop sending thoughts and prayers, and start taking action to end gun violence.
    Like (56)
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    Thank you in advance for your strong opposition to H.R.1112. Like near identical H.R.8, this bill is another wolf in sheep‘s clothing. It does nothing to disarm criminals and further restricts the rights of honest people. Moreover this bill would require all of the future liability in a firearm sale be placed upon the dealer when the 20th day escalated background check is unresolved and the sale can proceed. Legitimate, lawful purchases would easily be denied by bureaucrats simply strangling the resources required to perform the background checks. The resulting backlog of background checks and transfer for liability of the sale to the dealer would effectively eliminate the ability to purchase a firearm. This bill is clearly unconstitutional and in direct violation of our 2nd Amendment rights.
    Like (47)
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    No waiting list for Any of Our God Given Rights. Registration is the beginning of confiscation.
    Like (32)
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    3 days, then 10 days, then 30 days, then 60 days....This is just another step toward the democrats goal of banning guns. Gun violence is NOT escalating. Guns save exponentially more lives than are lost.
    Like (31)
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    What would the emergency be that requires you purchase a firearm quickly? Any responsible gun owner should support any measure that keeps guns in their hands out of the hands of someone who may be acting out of mental instability or stress. This would seem to me to reduce spontaneous firearm purchases to commit violent acts. A few extra days should matter to know one who is is responsible.
    Like (29)
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    No, NCIS is effective, if anything it flags falsely. Anyone buying a gun and has worked with the application understands how well it works, thank you NRA for making NCIS possible. That being said, I recommend everyone who is saying Yes to go to your local gun store. Talk to them and ask if they can run their Name in the NCIS system. And don’t lie on your application, it’s a federal document which would result in a felony. Once you’re done just keep in mind only law-abiding citizens will do what you just did. So at the end of the day, if you make this law more difficult you will only end up harming those who need access to firearms to protect themselves and their loved ones. Vote No and get informed.
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    There are enough checks and balances in place for gun purchases and transfers. The second amendment is clear. I’m fed up with people trying to eat away my rights; Democrats, Republicans and these Communist Socialist like Bernie Sanders, and AOC. Keep your damn hands off my guns. #MAGA
    Like (28)
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    To all of you not supporting this bill because of the 2nd amendment. What well-regulated militia are you part of?
    Like (25)
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    No. Gun laws are stringent enough, and firearm restriction laws have proven to be pathetically ineffective.
    Like (23)
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    Nobody needs a gun RIGHT NOW. If this would stop even one gun murder per year, it would be worth it. And doubtless it will save MANY lives.
    Like (23)
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    This is, yet again, another hurdle that law abiding citizens must face. NICS (National INSTANT Criminal Background Check System) is supposed to be instant. The three day window was designed to aid law enforcement in the event of hiccup in the system. This could be caused by someone with the same name and birthdate as a prohibited person. Or a similar name. I don’t believe background checks work anyway, however it is the reality we must deal with. NICS needs to be fixed. Local (county/municipal), state, and federal agencies need to update records of prohibited persons, if not daily, than weekly.
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    There should never be a rush to sell a gun. Complete checks , no loopholes, a waiting period and a nationwide database are what is needed to make sure we do all we can to prevent at risk people from obtaining guns. Domestic violence and terror incidents would be reduced.
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    I am appalled that only 25% of the American population are gun owners, yet they think their right to own a gun is more important than the 75% who aren’t such scared idiots we feel the need to surround ourselves with a killing machine. What part of a WELL REGULATED MILITIA don’t you politicians who are supposed to represent all of us, understand about that phrase! So sick of white, gun-addicted terrorist gunning innocent people down in SECONDS simply because they can! forbes had an article “Addicted to the BANG, The Neuroscience Of Guns”explains a lot about this addiction. Sickening.
    Like (18)
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    ....SHALL NOT BE INFRINGED. I don’t know if this could be any clearer.
    Like (16)
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    This legislation does nothing but continue to infringe on the rights of law abiding citizens. If you can get states and agencies to report data to NICS, the extended time will do nothing.
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