Bills
| 3.23.22

Should Gun Sellers Have to Wait for a Completed Background Check to Transfer a Firearm? (H.R. 3051)

Do you support or oppose this bill?

What is H.R. 3051?

(Updated March 7, 2021)

This bill would amend the federal criminal code to prohibit a licensed gun dealer from transferring a firearm to an unlicensed person before a background check has been completed.

Under current law licensed gun dealers may allow firearms to be transferred to an unlicensed person if a background check remains incomplete three business days after it was submitted.

Argument in favor

If a background check is a required step in the process for an unlicensed buyer, there shouldn’t be an exception that allows the buyer to take possession of the gun when a background check takes more than three business days.

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.

Impact

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

Cost of H.R. 3051

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. James Clyburn (D-SC) introduced this legislation to close the procedural loophole that allowed the Charleston shooter to murder nine people in June 2015:

“The Background Check Completion Act will guarantee that no gun is sold by a licensed dealer until a background check is completed. Tragically, the Charleston shooter was allowed to purchase a gun even though the FBI had not completed his background check. This should never be acceptable. My bill is a commonsense fix to our nation’s gun laws, and I call on my colleagues in Congress to move it immediately towards passage.”

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 bill currently has 58 cosponsors in the House, all of whom are Democrats.



Media:

Summary by Eric Revell
(Photo Credit: Flickr user Daniel Oines)