FEDERAL LEGISLATION & VOTES

2021 BRADY SUPPORTED FEDERAL BILLS

H.R. 8 and H.R. 1446

“THE TIME IS RIGHT FOR ACTION” BRADY URGES PASSAGE OF H.R. 8 AND H.R. 1446, BILLS TO EXPAND AND STRENGTHEN BACKGROUND CHECKS

 

https://www.bradyunited.org/press-releases/hr-8-universal-background-check-introduce

 

Washington, D.C., March 2, 2021 - Brady thanks Reps. Mike Thompson and Jim Clyburn for introducing H.R. 8 and H.R. 1446, two bills to expand and strengthen the Brady background check system and close existing loopholes that allow individuals who should not possess a firearm to purchase one. Brady urges the U.S. House of Representatives to swiftly pass these bills. Overwhelming and bipartisan majorities of Americans support expanding Brady background checks and ensuring that individuals who should not possess a firearm do not acquire one. Today’s introduction comes almost 27 years to the day since the Brady Bill came into effect on February 28, 1994.

Brady President Kris Brown shared:

“H.R. 8 and H.R. 1446 are common-sense bills to expand and strengthen federal Brady background checks and help to ensure that individuals who should not have access to firearms are unable to purchase one. Particularly following a year of record-breaking gun sales and exacerbated gun violence amidst a global pandemic, the need to ensure that every gun sale is conducted safely and that the potential buyer is responsible and fit to possess a firearm. We need action to help stop the violence that claims over 100 lives every day and disproportionately affects Black and Brown communities. These bills would expand background checks to all gun sales and eliminate loopholes like the Charleston Loophole, that allowed a white supremacist in Charleston, South Carolina to purchase the firearm used to murder nine parishioners at Mother Emanuel African Methodist Episcopal Church.

Since the Brady background system came online, it has stopped over 3 million sales to people who should not have weapons, helping to keep our nation safer. The time is right to build upon this fundamental cornerstone of our nation’s gun violence prevention laws and expand the background check system. Brady thanks Reps. Thompson and Clyburn for leading on this important issue and introducing these common-sense bills, and to the many leaders in Congress who understand this issue to be one about the fundamental human right to live in a society free of the fear of being shot. The time is right for action and we call on the U.S. House of Representatives to pass them without delay. We cannot lose this moment.”

The Team ENOUGH Executive Council shared:

“Our generation has never lived without a federal background check system, yet, we remain subject to daily gun violence while that system remains incomplete. This reality underscores the urgent need to strengthen our background check system and close loopholes such as the Charleston loophole.

While we cannot know for sure, studies indicate that millions of firearms are sold without a background check - a gaping hole in our nation’s gun violence prevention defenses. These bills are the first steps towards a comprehensive approach to preventing gun violence. Together, with comprehensive legislative action, we can stop this epidemic of violence.

We can ensure that all Americans, particularly marginalized communities of color that are disproportionately affected by gun violence and militarized policing, can live in safety from preventable violence.”


About H.R. 8:

This bill makes it unlawful to sell or transfer a firearm in any transaction without a Brady Background Check. This will expand the current Brady Law to every sale or transfer in private sales, subject to the narrow exceptions listed below.

About H.R. 1446:

Currently, federal law allows a “default proceed” whereby a federally licensed firearm dealer (FFL) can transfer a gun to a customer if the federal background check is not completed within 3 business days of the background check request to the National Instant Criminal Background Check System (NICS).

The 2015 mass shooting at the Emanuel African Methodist Episcopal (A.M.E.) Church in Charleston, S.C., that killed nine innocent people exposed an area of weakness in our federal gun laws, commonly referred to as the “Charleston loophole.” The shooter – who was prohibited by law from possessing a firearm – was able to acquire his gun before the FBI could complete his background check. Although the FBI needed more time to investigate the shooter’s disqualifying records to determine whether the purchase was lawful, federal law allowed the dealer to transfer the gun after three days even though the check was not completed.

H.R. 1446 provides the background check system with additional time to make a final determination on a potential firearms purchaser before a licensed dealer can transfer a gun. It does this while protecting the ability of lawful citizens to obtain timely results and avoid having purchases stalled indefinitely.

For more information on the current Brady Background Check system, please read Brady’s latest report, “How Brady Background Checks Became Law.”


Votes U.S. House of Representatives on March 11, 2021 for H.R. 8 and H.R. 1446
Votes:  Yay  
Rep.  Sanchez
Rep.  Correa
Rep.  Lowenthal
Rep.  Porter
Rep.  Levin

Votes:  Nay 
Rep.  Kim
Rep.  Steel








2018 BRADY FEDERAL BILL POSITIONS

BRADY SUPPORTS:

H.R. 8 and S. 42  Background Checks Act 
                              These bills would expand Brady Background Checks to virtually all firearm purchases.

H.R. (# not yet assigned)  (Rep. Ted Deutch) and S. (Number not yet assigned) (Sen. Menendez) The Keep Americans Safe Act  (Re:  Large-Capacity Ammunition Magazines
                               Prohibits the possession or transfers of large-capacity ammunitions magazines; Requires devices manufactured after enactment to have conspicuous serial numbers and date of manufacture to help law enforcement identify restricted magazines; Includes important updates authored by late Sen. Frank Lautenberg, including modification of the high-capacity definition to prevent coupled or joined magazines; and Harmonize forfeiture provisions for magazines with current law, as FBI and ATF agents are currently able to seize and destroy certain firearms, but not high capacity magazines.  
                             
H.R. (# not yet assigned)  Extreme Risk Protection Order Act (Reps Deutch, Fitzpatrick and Beyer)
                               To encourage states nationwide to implement important extreme risk laws.                             
           Press Release
           Details on California's Gun Violence Restraining Orders (GVRO)


 H.R. 1112  Enhanced Background Checks Act of 2019 (Reps. Clyburn, King & Cunningham)

H.R. 717   Raise the Age Act (Rep. Anthony Brown)
                     To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes.



2017 BRADY FEDERAL BILL POSITIONS


 BRADY SUPPORTS:  

S. 2009: (Brady) Background Check Expansion Act  
On October 25, 2017, Senator Chris Murphy (D-CT) introduced S. 2009 to expand Brady background checks to virtually all gun sales in the United States. As of November 14th, 32 of his colleagues are co-sponsors to the bill. It provides a few exceptions for immediate family members; law enforcement, security & military personnel; administrators & executors of estates; and temporary transfers to prevent imminent bodily harm or death, or for sport gaming. This bill will substantially close the gun show, internet and other private sales loophole.  

H.R. 4240: Public Safety and Second Amendment Rights Protection Act of 2017, or the new “Thompson-King” bill 
On November 3, 2017, Representative Mike Thompson (D-CA-5), with Representative Peter King (R-NY-2), introduced H.R. 4240 to expand Brady background checks to cover commercial firearm sales, including at gun shows, over the internet, or in classified ads. This new version removes the troubling provisions found in the iteration from the 114th Congress.  As of November 14th, there are 106 co-sponsors to the bill, including three Republicans. It provides exceptions for family members; intrastate transfers between unlicensed individuals that abide by state laws if they are comparable to federal laws; and transfers from licensed dealers to persons with a valid permit issued within the previous 5 years. This bill also strengthens the National Instant Criminal Background Check System (NICS) by incentivizing states to improve reporting of prohibited individuals and directs grant funding to states and tribal territories to improve their record-sharing systems.  

S.1212 & H.R.2598: Gun Violence Restraining Orders (GVRO)  
S.1212: The Gun Violence Prevention Order (GVPO) Act of 2017, was introduced by Senator Dianne Feinstein (D-CA) on May 24, 2017.  The bill is cosponsored by Senators Richard Blumenthal (D-CT), Kirsten Gillibrand (D-NY) and Ed Markey (D-MA). Its companion bill, H.R. 2598: the Gun Violence Restraining Order (GVRO) Act of 2017 was introduced by Representative Salud Carbajal (D-CA24) on May 22nd in the House. The GVPO legislation enables law enforcement and family members to intervene when they suspect a person may use a firearm for violent purposes, including self-harm. This bill would help bridge a gap in existing law; there is currently no legal framework to allow family members and law enforcement professionals to take action when they suspect a potentially dangerous person has possession of a gun or the intent to purchase a gun.  

S.1212 and H.R. 2589 are based on current domestic violence laws that temporarily prohibit an individual from purchasing a firearm or ammunition where there is a preponderance of evidence they may become violent. Under a higher burden of proof, a court can also remove firearms or ammunition already in the possession of the individual in question. If passed, the GVPO Act of 2017 would create a new law enforcement grant under the Community Oriented Policing Services Program (COPS) at the DOJ and incentivize states to prioritize gun violence prevention measures.   

S.1324 & H.R.2841: The Disarm Hate Act 
Senator Robert Casey (D-PA) reintroduced a bill, S.1324: The Disarm Hate Act, to prevent people convicted of particular misdemeanor hate crimes from being able to legally purchase firearms. S.1324 has been referred to the Senate Committee on Commerce, Science, and Transportation for further consideration. Its companion bill, H.R. 2841 was reintroduced by Representative David Cicilline (D-RI) in the House on June 8, 2017.  Similar to current federal background check procedures for domestic abusers, these companion bills would prevent individuals convicted of hate related violence and intimidation from obtaining a firearm--as they present a greater risk to commit more violent crimes.    
Senator Casey and Rep. Cicilline sponsored similar bills in the 114th Congress as S.3053: The Hate Crimes Prevention Act  and H.R. 4603: The Hate Crimes Prevention Act  in response to the nation’s worst mass shooting in June 2016 that left 49 dead and 53 injured at the Pulse Nightclub in Orlando, Florida. Brady supports even stronger language that includes all misdemeanor hate crime convictions similar to what several states have enacted.  

H.R. 3464 & S. 1923: Background Check Completion Act 
Rep. James Clyburn (D-SC-6) has reintroduced legislation, H.R. 3464: Background Check Completion Act of 2017, to close the “Charleston” loophole, also referred to as delayed denials or default proceeds. Senator Blumenthal (D-CT) introduced an identical companion bill. Currently, federal law allows a licensed gun dealer to proceed with a sale even without a completed background check after three business days.  H.R. 3464 & S. 1923 would prohibit dealers from transferring a firearm at any time before first receiving a confirmed background check approval. Analysis of a 2016 GAO report finds that on average two guns a day in America are transferred to a prospective buyer by a licensed dealer without first receiving a completed background check. Studies also show that the small percentage of prospective buyers who do not gain a completed background check within a few hours are 20-times more likely to ultimately fail the check and be identified as prohibited. The convicted shooter at the Emmanuel AME Church in Charleston, SC, who was also a white supremacist, was ultimately found to be prohibited from purchasing or possessing a firearm by federal law.  

H.R. 3207 & S. 1539: Protecting Domestic Violence & Stalking Victims 
On July 12th, Rep. Diane Dingell (D-MI-12) introduced H.R. 3207: Zero Tolerance for Domestic Abusers Act which expands the definitional scope of an “intimate partner” who may be subject to a restraining order, as well as to cover stalking.  Also introduced on July 12th, Sen. Klobuchar’s companion bill is S. 1539: Protecting Domestic Violence and Stalking Victims Act of 2017.  It is co-sponsored by Senators Hirono (D-HI) and Feinstein (D-CA) and remains in the Senate Judiciary Committee.   

H.R. 3947 & S. 1916: The Automatic Gunfire Prevention Act, or the “Bump Stock” bills 
On October 4th, Representative Cicilline (D-RI-1) and Senator Feinstein (D-CA) introduced identical bills H.R. 3947 & S. 1916: Automatic Gunfire Prevention Act.  H.R. 3947 currently has 171 co-sponsors, with no Republicans; and S. 1916 currently has 38 co-sponsors, also with no Republicans.  These bills make unlawful the import, sale, manufacture, transfer or possession of a trigger-crank, bump-fire device or any device, accessory or attachment designed to accelerate the rate of fire of a semiautomatic rifle, and carry a up to a 10 year prison sentence. The bill does not apply to U.S. or state governments. Reps. Curbelo (R-FL-26) and Moulton (D-MA-6) have introduced a similar, bipartisan bill, H.R. 3999, which has 25 co-sponsors.  H.R. 3999 carries up to a 5 year prison sentence and includes a provision to enhance the penalty at least 2 offense levels if the bump stock device is used or possessed in a crime of violence or drug trafficking, or smuggled into/from the U.S.  

H.R. 3984 & S. 1939: Equal Access to Justice for Victims of Gun Violence Act 
On October 5th, Senator Blumenthal (D-CT) and Representative Schiff (D-CA-28) introduced identical bills, H.R. 3984 and S. 1939: Equal Access to Justice for Victims of Gun Violence Act to repeal the Protection of Lawful Commerce in Arms Act (PLCAA).  Both are currently in their respective Judiciary Committees.  H.R. 3984 has 28 co-sponsors, with no Republicans; and S. 1939 has 17 co-sponsors, with no Republicans. PLCAA provides immunity in both state and federal court from civil liability for licensed manufacturers, distributors, and dealers of firearms, as well as their trade associations, in most negligence and product liability actions.  The repeal will now allow civil cases to go forward against irresponsible actors in state and federal courts, and also allow plaintiffs to subpoena and introduce ATF gun trace data that may be relevant to their case.  H.R. 3984 & S. 1939 incentivizes responsible business practices by gun manufacturers and dealers that would reduce gun injuries and deaths.  

S. 834, H.R. 1832, H.R. 1478: Facilitate Gun Violence Prevention Research 
Rep. Maloney (D-NY-12) and Sen. Markey (D-MA) introduced identical companion bills, S. 834 and H.R. 1832, to authorize appropriations of $10M for fiscal years 2018-2023 to CDC for firearms safety & gun violence prevention research. The CDC distributes over $11 billion in research funding annually, and is uniquely positioned to help stem the tide of gun-related deaths and injuries; Brady is seeking sponsors for legislation to repeal the Tiahrt amendment that prevents ATF from providing the public and state and local governmental agencies with crime gun trace data. Additionally, Representative Stephanie Murphy (D-FL-7) introduced H.R. 1478 to remove the Dickey Amendment from the current Appropriations bill.  The Dickey Amendment is a yearly Appropriations gun rider that prevents CDC from funding research that would “advocate or promote gun control,” which subsequently has had a chilling effect on CDC GVP research. 

H.R. 3361 & S. 1992: SECURE Firearms Storage Act 
On July 24th, Representative Bradley Schneider (D-IL-10) introduced H.R. 3361: Safety Enhancements for Communities Using Reasonable and Effective (SECURE) Firearm Storage Act and Senator Richard Durbin (D-IL) introduced a nearly identical companion bill in October as S. 1992. H.R. 3361 currently has 22 co-sponsors, with no Republicans, and remains in the House Judiciary Committee. It requires federally licensed firearms dealers to secure their firearm inventory at their licensed place of business with a metal rod or stored in a steel vault or locker; their business documents in a fireproof safe or locked vault; and directs the United States Attorney General to issue regulations related to security of the premises.  While H.R. 3361 mandates regulations be issued within 2 years of enactment, S. 1992 does not include this provision.  The bills also create civil penalties of $1,000 to $10,000 for each violation; license suspension until cure for a 2nd violation; and revocation of license for a third or series of violations.        

BRADY OPPOSES:  

H.R. 3668: Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act 
On September 1st, Representative Duncan (R-SC-3) introduced H.R. 3668: Sportsmen’s Heritage and Recreational Enhancement Act. It currently has five co-sponsors, including one democrat, Gene Green (D-TX-29); and remains placed on the Union Calendar.  The bill would change federal conservation and land management policies to allow for greater hunting, fishing and sportsmanship on federal lands. However, it contains a number of gun-related provisions that will expand the availability and use of high-powered firearms and armor-piercing ammunition and endanger public safety. It includes language to remove silencers from the National Firearms Act (NFA), which would make silencers available without any background check.  Currently, the NFA requires potential buyers to submit fingerprints, a photograph, pay a special tax, and undergo a federal background check through the National Instant Check System (NICS) system.   

This bill also rolls back current federal rules that limit importation of certain assault rifles and armor-piercing ammunition; removes ATF’s authority to classify certain high-caliber ammunition as “armor-piercing;” restricts the ATF from classifying certain types of shotguns, shotgun shells and large caliber rifles as “destructive devices,” and thereby not subject to federal regulation under the National Firearms Act.  H.R. 3668 also loosens current federal law and preempts state law on the transport of firearms and ammunition across state lines; limits the authority law enforcement officers have to inquire or investigate the transportation of firearms or ammunition; and creates a private right of action for individuals to sue law enforcement officers deemed to have improperly arrested a transporting gun owner. These provisions create a chilling effect on law enforcement and decrease the public’s safety.    

H.R. 367 and S.59: “so-called” Hearing Protection Act  
H.R. 367 was introduced by Rep. Jeff Duncan (R-SC-3) on January 9, 2017. It has 43 original co-sponsors, including three Democrats: Gene Green (D-TX-29), Henry Cuellar (D-TX-28), and Collin Peterson (D-MN-7); and 164 co-sponsors overall. It is pending in both the House Judiciary and Ways & Means Committees. Senator Mike Crapo (R-ID) has introduced a companion bill in the Senate, S.59, with 18 co-sponsors. S. 59 is currently awaiting further action in the Senate Finance Committee.   

Silencers were invented in 1908, and have been regulated since 1934 under the National Firearms Act (NFA). They were subject to regulation due, in part, to their historic use by organized crime to muffle the sound of gunfire related to crime activity. In order to complete the purchase of a silencer, the NFA requires that buyers submit fingerprints, a photograph, pay a special tax, and undergo a federal background check through the National Instant Check System (NICS) system. H.R. 367 & S. 59 would weaken this regime and remove all prerequisites to the purchase of silencers required by the NFA. Indeed, it proposes to remove silencers from NFA altogether. The only federal policy prerequisite then remaining related to the sale of silencers would be the successful completion of a background check prior to purchase through a federally licensed firearm dealer, similar to long guns, and therefore, subject to the same too easy diversion of silencers into prohibited hands that firearms are absent Congress expanding background checks to all gun sales including private sales online, at gun shows or otherwise.  

H.R. 1181: “so-called” Veterans 2nd Amendment Rights Protection Act  
H.R.1181 was introduced by Rep. Phil Roe (R-TN-1) on February 16, 2017 with two co-sponsors. As Chairman of the House Veterans Affairs Committee, Rep. Roe quickly held a mark-up on March 8th, and reported it out of committee without amendments.  Rep. Esty (D-CT-5), whose district includes Newtown, CT and the site of the tragic shooting at Sandy Hook Elementary School in 2012, offered a substitute amendment to direct the Comptroller General to undertake a study of the Department of Veterans Affairs’ (VA) process for identifying those “adjudicated mentally incompetent” as required by current federal law.   

The committee rejected all amendments to H.R.1181, and passed the bill on a party line vote. The full House subsequently passed the bill without amendment on a mostly party line vote of 240-175 on March 16th. The Senate leadership acted to avoid regular order to report the bill to the Senate Veterans Affairs or Judiciary Committee and hold hearings; and instead “fast tracked” the bill for potential expedited floor consideration at the first opportunity. The Senate leadership failed to secure enough votes before the spring recess to be able to bring the bill to the floor for further consideration. H.R. 1181 sits on the Senate calendar awaiting further action. Under current Senate rules, it requires a 60 vote approval (i.e. cloture) to bring the bill to a vote on the floor, which would then only require 51 votes to pass. Senator Grassley has floated draft legislation and is reportedly considering its introduction at anytime.  

S.446 & H.R. 38: “Arm Anyone” Concealed Carry Legislation On 
February 27th, Senator John Cornyn (R-TX) reintroduced the “so-called” Constitutional Concealed Carry Reciprocity Act of 2017 (S. 446). It currently has 38 co-sponsors with no Democrats. S.446 is similar, but not an exact companion to H.R. 38.  H.R. 38 would allow any person to carry a concealed handgun in any state, provided they (i) are not prohibited by federal law from possessing, transporting, shipping, or receiving a firearm; (ii) are carrying a valid photo ID; and (iii) carrying a valid permit/license issued under the law of any other state that allows the person to carry a concealed firearm, or is otherwise entitled to carry a concealed firearm in his/her state of residence. The provisions of S. 446 are essentially identical on this point.  

H.R. 38 provides that, in the event of arrest or other detention, “presentation of facially valid documents” is prima facie evidence that an individual has a valid permit (and therefore has the right to carry a concealed firearm), and that a person may not be arrested for violating laws related to possession, transportation, or carrying of firearms unless there is probable cause the believe the individual has not complied with the law. S. 446 excludes this provision.  H.R. 38 exempts a person who is authorized to carry a concealed weapon under the terms of the bill from the federal prohibition on carrying firearms within 1,000 feet of a school zone. The bill also includes a provision to specifically allow a person who is authorized to carry a concealed weapon to carry that weapon in the National Park System, the National Wildlife Refuge System, on public lands administered by the Bureau of Land Management, and on lands administered by the Army Corps of Engineers and the Bureau of Reclamation. S. 446 excludes this provision.  

H.R. 1976 & S.1397: Protecting the Second Amendment Act 
On April 6th, Representative Evan Jenkins (R-WV-3) introduced H.R. 1397, and on June 21st, Senator Luther Strange (R-AL) introduced S. 1397, the identical companion bill.  H.R. 1397 currently has four co-sponsors and remains in the Judiciary Committee; S. 1397 is co-sponsored by Senators Cruz (R-TX) and Cornyn (R-TX) and remains in the Judiciary Committee.  These bills would nullify President Obama’s executive action requiring federally-licensed firearms dealers (FFLs) in the four southwest border states (California, Arizona, New Mexico, Texas) from reporting multiple sales of long guns (including assault weapons) to ATF.  Brady supported President Obama’s executive action and is actively working with congressional offices on legislation to codify and expand the requirement so that all FFLs report all multiple sales of firearms.     

No comments:

Post a Comment

Subscribe to: Posts (Atom)