Bill Would Ban Private Gun Transfers

The U.S. House of Representatives plans to vote on two gun control bills as early as next week according to officials with the NRA-ILA. One deals with private gun transfers.

The first bill, so-called “universal” background check legislation, would criminalize the private transfer of firearms. The second bill, sometimes inaccurately described as legislation to close the “Charleston loophole,” would undermine the Second Amendment right by permitting the federal government to delay a firearm transfer indefinitely without proof that the transferee is prohibited from possessing firearms.

This bill is H.R. 8, introduced by Rep. Mike Thompson (D-CA).

NRA-ILA officials said at the outset of the COVID-19 pandemic some jurisdictions that had criminalized the private transfer of firearms also shut down access to gun stores or their state criminal background check system.

This lethal combination of misguided policies made it impossible for millions of Americans to exercise their Second Amendment rights by acquiring, or even borrowing or lending, firearms during the crisis.

NRA officials also said, the House 2021 gun control agenda also includes H.R. 1446, introduced by Rep. James Clyburn (D-S.C.), which would allow unelected government bureaucrats the discretion to cause  indefinite firearm purchase delays.

The legislation would eliminate the current 3-day safety-valve provision under the federal firearms background check system that prevents the government from instituting an indefinite delay on firearm purchases for law-abiding Americans. All Federal Firearms Licensees (gun dealers) are required to conduct a background check on prospective purchasers to determine if transferring the firearm would violate state or federal law. Under current law, if an FFL initiates a background check, but does not receive a determination from NICS within three business days, the FFL may proceed with the firearm transfer. After the three-day window, the FBI continues to research the matter that gave rise to an individual’s delay for 90 days after the check was initiated. If it is later determined that the person is prohibited from possessing firearms, the Bureau of Alcohol, Tobacco, Firearms and Explosives is notified and tasked with retrieving the firearm.

What are your thoughts on these bills? Are you concerned about gun rights issues in 2021?

TF&G Staff

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