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| Long title | To require a background check for every firearm sale. |
|---|---|
| Announced in | the 117th United States Congress |
| Number of co-sponsors | 210 |
| Legislative history | |
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The Bipartisan Background Checks Act is a proposed United States law that would establish new background check requirements for firearm transfers between private parties. It would prohibit a firearm transfer between private parties until a licensed gun dealer, manufacturer, or importer conducts a successful background check. [1] [2]
Gun violence in the United States results in tens of thousands of deaths and injuries annually. In 2018, the most recent year for which data is available as of 2021, the Centers for Disease Control and Prevention's (CDC's) National Center for Health Statistics reported 38,390 deaths by firearm, of which 24,432 were by suicide, and 13,958 were homicides. The rate of firearm deaths per 100,000 people rose from 10.3 per 100,000 in 1999 to 12 per 100,000 in 2017, with 109 people dying per day; the figure was 11.9 per 100,000 in 2018. In 2010, there were 19,392 firearm-related suicides, and 11,078 firearm-related homicides in the U.S. In 2010, 358 murders were reported involving a rifle, while 6,009 were reported involving a handgun; another 1,939 were reported with an unspecified type of firearm.
This bill establishes new background check requirements for firearm transfers between private parties (i.e., individuals who are not federally licensed as gun professionals). Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm while conducting a background check. The prohibition does not apply to certain firearm transfers, such as a gift between spouses in good faith. [3]
As of March 12, 2021:
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 116th Congress | Bipartisan Background Checks Act of 2019 | H.R. 8 | January 8, 2019 | Mike Thompson (D-CA) | 232 | Passed in the House (240–190). [4] |
| Background Check Expansion Act of 2019 | S. 42 | January 8, 2019 | Chris Murphy (D-CT) | 41 | Died in Committee. | |
| 117th Congress | Bipartisan Background Checks Act of 2021 | H.R. 8 | March 1, 2021 | Mike Thompson (D-CA) | 210 | Passed in the House (227–203). [5] |
| Background Check Expansion Act of 2021 | S. 529 | March 3, 2021 | Chris Murphy (D-CT) | 45 | Referred to Committees of Jurisdiction. |
Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.
The Brady Handgun Violence Prevention Act, often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States, and imposed a five-day waiting period on purchases, until the National Instant Criminal Background Check System (NICS) was implemented in 1998. The act was appended to the end of Section 922 of title 18, United States Code. The intention of the act was to prevent persons with previous serious convictions from purchasing firearms.
The Gun Control Act of 1968 is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
Firearms in Canada are federally regulated through the Firearms Act and related provisions of the Criminal Code. Regulation is largely about licensing and registration of firearms, including air guns with a muzzle velocity of more than 500 ft/s or 150 m/s and muzzle energy greater than 4.2 ft⋅lb or 5.7 J.
In the United States, a gun show is an event where promoters generally rent large public venues and then rent tables for display areas for dealers of guns and related items, and charge admission for buyers. The majority of guns for sale at gun shows are modern sporting firearms. Approximately 5,000 gun shows occur annually in the United States.
Gun laws in Pakistan allow for the ownership of firearms in the country by the general population. Pakistan is one of the biggest open firearms markets in the world, and is in the modern era also known for its indigenous gunsmith tradition. The country is famous for producing clones of almost every notable weapon of the world. Although firearms are widely owned, heavy weaponry is only permitted in tribal areas within the province of Khyber Pakhtunkhwa. This includes the circulation of rocket-propelled grenades, short, medium, and long-range rockets, anti-aircraft guns, mortars and other types of firearms.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968.
The National Instant Criminal Background Check System (NICS) is a background check system in the United States created by the Brady Handgun Violence Prevention Act of 1993 to prevent firearm sales to people prohibited under the Act. The system was launched by the Federal Bureau of Investigation (FBI) in 1998. Under the system, firearm dealers, manufacturers or importers who hold a Federal Firearms License (FFL) are required to undertake a NICS background check on prospective buyers before transferring a firearm. The NICS is not a gun registry, but is a list of persons prohibited from owning or possessing a firearm. The buyer’s details are discarded after the query and a record on NICS of the firearm purchase is not made, though the seller as a FFL holder is required to keep a record of the transaction.
Gun show loophole is a political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a federal background check of the buyer. This is also called the private sale exemption. Under federal law, any person may sell a firearm to a federally unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe that the person is prohibited from receiving or possessing firearms.
Gun violence in the United States results in tens of thousands of deaths and injuries annually, and was the leading cause of death for children 19 and younger in 2020. In 2018, the most recent year for which data are available as of 2021, the Centers for Disease Control and Prevention's (CDC) National Center for Health Statistics reports 38,390 deaths by firearm, of which 24,432 were by suicide. The rate of firearm deaths per 100,000 people rose from 10.3 per 100,000 in 1999 to 12 per 100,000 in 2017, with 109 people dying per day or about 14,542 homicides in total, being 11.9 per 100,000 in 2018. In 2010, there were 19,392 firearm-related suicides, and 11,078 firearm-related homicides in the U.S. In 2010, 358 murders were reported involving a rifle while 6,009 were reported involving a handgun; another 1,939 were reported with an unspecified type of firearm. In 2011, a total of 478,400 fatal and nonfatal violent crimes were committed with a firearm. Gun crimes are covered by 18 USC 922 and 18 USC 924, which are the principal federal firearm statutes.
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to federal gun laws, all state governments and some local governments have their own laws that regulate firearms.
Gun laws in Oklahoma regulate the sale, possession, and use of firearms and ammunition in the state of Oklahoma in the United States.
Gun laws in Connecticut regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Connecticut. Gun laws in Connecticut are amongst the most restrictive in the country. Connecticut requires training, background check and permitting requirements for the purchase of firearms and ammunition; and a ban on certain semi-automatic firearms defined as "assault weapons" and magazines that can hold more than 10 rounds. Connecticut's licensing system for open and concealed carry is relatively permissive.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Gun laws in Virginia regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Virginia in the United States.
Proposals for universal background checks would require almost all firearms transactions in the United States to be recorded and go through the National Instant Criminal Background Check System (NICS), closing what is sometimes called the private sale exemption. Universal background checks are not required by U.S. federal law, but at least 22 states and the District of Columbia currently require background checks for at least some private sales of firearms.
A privately made firearm is a firearm that is produced by a private individual rather than a corporate or government entity. The term is used mostly in the United States by gun control advocates, but it is increasingly being used by gun rights advocates and some in the firearm industry.
The Sabika Sheikh Firearm Licensing and Registration Act is a proposed United States law that would require every firearm in the US to be licensed, insured, and accounted for at all times. The law would also impose a ban on any ammunition that is larger than .50 caliber The law expands US Code Title 18, Chapter 44.
The Bipartisan Safer Communities Act is a landmark United States federal law passed during the 117th United States Congress. It implemented several changes to the mental health system, school safety programs, and gun safety laws. Gun safety laws in the bill include extended background checks for gun purchasers under 21, clarification of Federal Firearms License requirements, funding for state red flag laws and other crisis intervention programs, further criminalization of arms trafficking and straw purchases, and partial closure of the boyfriend loophole.
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