Democrats brought two gun-grabbing bills to the floor this week—“The Bipartisan Background Check Act of 2021” and the “Enhanced Background Checks Act of 2021".
H.R. 8, “The Bipartisan Background Check Act of 2021,” is a precursor to a national gun registry. This bill would require universal background checks for firearm sales or transfers, with very few exceptions. The legislation aims to make it unlawful for any person that isn’t a licensed importer, manufacturer, or dealer, to transfer a firearm to a person unless the firearm first passes through a licensed entity (importer, manufacturer, or dealer), thus criminalizing most forms of private firearms transfer. All firearms sales or transfers would require a licensed entity to run a Naval Criminal Investigative Service (NICS) background check on the person seeking to purchase or receive a firearm. Background checks can only be conducted by licensed dealers, importers, or manufacturers, who have the ability to charge high fees and even decline to run the background check. Not only does this bill prohibit licensed entities from transferring a firearm to another person who is not licensed unless the licensed entity, H.R. 8 would exempt transfers between certain immediate family members from the background check requirement, but only if the transfer is a “bona fide gift.” This means that the transfer must be permanent and not in exchange for anything of value. This bill treats common low-risk and temporary transfers as felonies in the absence of a background check, it is highly likely that otherwise law-abiding individuals would unknowingly fail to conduct a background check and could become felons.
To make matters worse, in order to enforce the provisions in the bill, the creation of an invasive and expensive national gun registry would be necessary. The Congressional Budget Office estimates this legislation would cost $45,000,000 over five years.
H.R. 1446, the “Enhanced Background Checks Act of 2021,” increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. This legislation creates arbitrary delays on background checks that will infringe upon millions of Americans’ Second Amendment right to defend themselves and their families.
The 3-business day period provides crucial protection for the right to keep and bear arms provided by the Second Amendment. Waiting periods are ineffective barriers to law-abiding citizens’ ability to exercise their Constitutional right to purchase firearms, and there is no evidence that imposing waiting periods on law-abiding citizens will have any impact on the criminal misuse of firearms. A Department of Justice survey found the overwhelming majority of criminals obtain firearms through theft or the black market. Data from the FBI show only a very small number of firearms are transferred after three business days without a concluded check.
This legislation also requires the Attorney General to coordinate with the National Resource Center on Domestic Violence and Firearms to submit to Congress a report on the effects of this act on victims of domestic violence and whether further expansion of background check requirements would lead to a reduction of violence to victims of domestic violence. Yet, the National Resource Center on Domestic Violence and Firearms is not a federal entity; rather, it is an arm of the Giffords Law Center, a Bloomberg-funded gun control group. By requiring the AG to consult with a private political entity whose stated goal is more gun control, the bill essentially guarantees that the study would find more Second Amendment restrictions in order.
Neither of these two bills will reduce gun violence in America. We don’t make anyone safer by imposing significant and unnecessary burdens on the exercise of fundamental constitutional rights, especially when the burdens don’t address the ways that criminals abuse those rights.
Newsflash: Criminals do not follow the law in acquiring firearms, and nothing in either bill would stop them from continuing to obtain firearms through the black market or illegal straw purchases.
Additionally, federal law already strictly prohibits the possession, receipt, or purchase of firearms by prohibited individuals, including convicted felons, fugitives from justice, unlawful users of controlled substances, illegal immigrants, and individuals subject to protective orders or convicted of a crime of domestic violence.
I will never vote to violate your constitutional rights. I voted NO.