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house Bill H.R. 8

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.

Mark's Opinion
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02/01/2019
Absolutely, this is common sense for public safety
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Jesse's Opinion
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01/12/2019
anything that we can do that would keep a gun out of the wrong hands i believe is worth it. The need to Quickly purchase and obtain a gun is not of paramount importance! Keeping the public safe is of the utmost importance.
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Kathleen 's Opinion
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02/05/2019
We’ve (sadly) become a society of instant gratification: a three-day wait to buy a lethal weapon is not only reasonable but may be the determining factor between someone’s life and death. I also agree with others commenting that there needs to be even more oversight on gun sales, i.e., gun shows, garage and estate sales, and private sales. Our nation must address the epidemic of gun violence.
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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.

Marshall's Opinion
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last Wednesday
Why do we need this when there is already an effort to fix the National Instant Criminal Background Check System? Why not pressure states and agencies to report incidents that prohibit people from purchasing firearms via NICS?
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Logan's Opinion
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01/13/2019
We have a 3 day limit on delays because if it were possible to delay a NICS check indefinitely, it becomes impossible to buy a gun. Do some research before you people cry “we need to do something!
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Ronald's Opinion
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last Wednesday
No gun control. This is how it started in other countries before gun confiscation. Deal with the true causes of "gun violence". Violence is the issue, not guns.
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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
    IntroducedJanuary 8th, 2019

What is House Bill H.R. 8?

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. 8

A CBO cost estimate is unavailable.

More Information

In-Depth: Rep. Mike Thompson (D-CA) reintroduced this bill from the 115th Congress to require background checks on all firearm sales:

“Since the inception of the Gun Violence Prevention Task Force after the shooting at Sandy Hook, we have been working across the aisle to help prevent gun violence. Today we take a decisive step forward to help save lives right away. As a gun owner, hunter and supporter of the Second Amendment, I am honored to join with Democratic and Republican colleagues to introduce my universal background checks bill that will help keep guns out of the hands of people who should not have them. From the public polling to the ballot box, the American people have spoken up and demanded action to help end the tragedy of gun violence that far too many in our country face every day. We will continue our fight and we will deliver.”

In the previous Congress, 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.

In the current Congress, this bill has the support of 178 bipartisan cosponsors, including 173 Democrats and five Republicans. In the previous Congress, this bill had 103 cosponsors in the House, all of whom were Democrats.


Media:

Summary by Eric Revell
(Photo Credit: iStockphoto.com / K_E_N)

AKA

Bipartisan Background Checks Act of 2019

Official Title

To require a background check for every firearm sale.

    anything that we can do that would keep a gun out of the wrong hands i believe is worth it. The need to Quickly purchase and obtain a gun is not of paramount importance! Keeping the public safe is of the utmost importance.
    Like (2)
    Follow
    Share
    Absolutely, this is common sense for public safety
    Like (2)
    Follow
    Share
    We have a 3 day limit on delays because if it were possible to delay a NICS check indefinitely, it becomes impossible to buy a gun. Do some research before you people cry “we need to do something!
    Like (1)
    Follow
    Share
    Why do we need this when there is already an effort to fix the National Instant Criminal Background Check System? Why not pressure states and agencies to report incidents that prohibit people from purchasing firearms via NICS?
    Like (1)
    Follow
    Share
    We’ve (sadly) become a society of instant gratification: a three-day wait to buy a lethal weapon is not only reasonable but may be the determining factor between someone’s life and death. I also agree with others commenting that there needs to be even more oversight on gun sales, i.e., gun shows, garage and estate sales, and private sales. Our nation must address the epidemic of gun violence.
    Like (1)
    Follow
    Share
    I support the Bipartisan Background Checks Act of 2019. If someone sells a gun without a background check, they should have a minimum sentence of five years in prison (25 years if the gun was used in a crime). Background checks should not have a time limit.
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    Without a doubt. Background and updated background checks are a must!
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    Please vote YES for gun background checks. This is common sense. Thank you!
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    Yes, yes, YES!
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    Background checks should be completed on all gun sales. Bipartisan bill. Vote Yes.
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    Safety is paramount. A completed background check before gun sales is a step in the right direction.
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    A completed background check should not be required as it would delay gun buying procedures greatly. Instead the required number of days to wait should be 7 and gun stores should be required to report an unlawful sale to law enforcement if they find out that its 'dont proceed to transfer' for a NICS that comes back post sale by no response
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    I think there should be a longer period than just 3 days, however I see the point that then things could just be delayed indefinitely or unfairly. Perhaps 10 days instead? This was people don’t make rash decisions that put other people’s lives at risk.
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    I thought this also addressed private firearm sales, is the summary lacking? We need background checks for EVERY SINGLE sale in this country. Stop arming the rage junkies and criminals at gun shows! That's our real humanitarian crisis, the way we kill each other, every day in this country. The way we allow our children to kill themselves through the negligence of gun owners who suffer no consequences. This Bill needs to be much stronger.
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    It’s common sense. We need better gun safety in this nation. Yes to gun control. Yes to universal background checks.
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    Time for gun sense!
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    This should be common sense because if he fails the background check he already has the weapon.
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    With so many people dying from gun violence each year in the US, common sense gun reform is needed to address this growing violent epidemic. 2nd Amendment tights are not more important than people’s lives, than children’s lives. Vote yes and secure the safe livelihood of Americans. I urge you. Vote yes!
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    Stay out of personal business.. Just another way to tax someone..
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    If you enforce whats already on the books we will not need any more Laws, because bad guys don't honor them. We have a three day waiting limit what does it take to do a background check? Come on. Stop trying to mess with The peoples rights to defend No No.
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