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house Bill H.R. 3464

Should Gun Sellers Have to Wait for a Completed Background Check to Transfer a Firearm?

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.

Dara's Opinion
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06/08/2018
Is this a real question? Absolutely they should have to wait.
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Charlotte 's Opinion
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06/08/2018
Stop listening to NRA! Anything to make our gun laws stricter is good for our society. Just look at other English speaking countries and this is proven FACT!!
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Angie's Opinion
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06/08/2018
Of course! It should not be easier to buy a car than a gun.
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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.

Eric's Opinion
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06/08/2018
Background checks should not take three days I'm this digital age.
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Michael's Opinion
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06/08/2018
Why do we continue to create new laws when we don’t follow the laws we have already. I have an idea, how about you learn how to investigate warnings & phone calls from citizens and gun shops. When the people depend on government & state authorities to protect them and you let people die, then blame your incompetence on gun owners and the NRA it doesn’t make gun owners want to give up their arms.
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operaman's Opinion
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06/08/2018
Nonsense. Period. 2A has no mention of a waiting period. SCOTUS needs to have another slap-down of those trying to change our Constitution.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
      Crime, Terrorism and Homeland Security
    IntroducedJuly 27th, 2017

What is House Bill H.R. 3464?

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.

Impact

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

Cost of House Bill H.R. 3464

A CBO cost estimate is unavailable.

More Information

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 22 cosponsors in the House, all of whom are Democrats.



Media:

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

AKA

Background Check Completion Act of 2017

Official Title

To prohibit firearms dealers from selling a firearm prior to the completion of a background check.

    Is this a real question? Absolutely they should have to wait.
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    Background checks should not take three days I'm this digital age.
    Like (13)
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    Stop listening to NRA! Anything to make our gun laws stricter is good for our society. Just look at other English speaking countries and this is proven FACT!!
    Like (103)
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    Of course! It should not be easier to buy a car than a gun.
    Like (84)
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    This is one of those common sense things that some people keep talking about and other people swear that’s it’s part of a deep state plot to take everyone’s gun away.
    Like (50)
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    Absolutely!!!! It is absolutely ludicrous that people should NOT be approved by a background check BEFORE OWNING A GUN! People need a license to drive a vehicle! The Federal Government should also issue a license to carry a gun AFTER being approved with a background check!!!!!
    Like (49)
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    Absolutely! What good is a background check if a gun can be sold before it is completed?
    Like (30)
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    Um....YEAH.
    Like (28)
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    This is common sense gun law reform. I’m behind this 100%.
    Like (26)
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    Background checks are done for a reason. That reason(s) needs to be respected. Guns are already too easily available, to make them easier to obtain makes no sense unless your goal is to further increase the number of shootings/hunting of people in this country.
    Like (25)
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    This is an obvious question. No one should be able to possess a firearm without clearance to
    Like (19)
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    How is this even a question? Of course they should!
    Like (17)
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    A Little patience is all that would be required. For what reason would you need a new firearm immediately?
    Like (17)
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    This is common sense.
    Like (16)
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    What s stupid question. YES!!! That’s part of the problem with the proliferation of guns to people who should not have one - mentally unstable, abusers, people with a crime with weapon, etc. None of those and probably many others should NOT BE ALLOWED TO OWN A GUN.
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    Of course! It should not be easier to buy a car than a gun.
    Like (12)
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    A law abiding citizen who has no intention of using their firearms to harm the innocent should have no problem waiting a little longer for said firearm. This law is reasonable, unless you’ve been bought by the NRA, and are acting as their circus monkey.
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    Wait? Right now they don’t?
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    The 2nd Amendment is for a well regulated militia. It was intended for the federal and state level governments to regulate the use and ownership of firearms to trained and regulated military, meant to secure the sanctity of the government. If people want to have guns, it should be a privilege, not a right. Mass murders and gun violence connected to domestic abuse have proven that this is not an inherent right. An inherent right cannot infringe upon the rights and freedoms of others. The lack of laws protecting citizens from those who would misuse guns, directly leads to the need for sensible and reasonable gun control. This must happen. This and much more.
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    Nonsense. Period. 2A has no mention of a waiting period. SCOTUS needs to have another slap-down of those trying to change our Constitution.
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