The publication is reproduced in full below:
BIPARTISAN BACKGROUND CHECKS ACT OF 2021
Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I call up the bill (H.R. 8) to require a background check for every firearm sale, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 188, the bill is considered read.
The text of the bill is as follows:
H.R. 8
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Background Checks Act of 2021''.
SEC. 2. PURPOSE.
The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.
SEC. 3. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following:
``(aa)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection
(t).
``(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.
``(C) If a transfer of a firearm described in subparagraph
(A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.
``(2) Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;
``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;
``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;
``(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or
``(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;
``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor--
``(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and
``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or
``(iii) while in the presence of the transferor.
``(3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.''.
(b) Amendment to Section 924(a).--Section 924(a)(5) of title 18, United States Code, is amended by striking ``(s) or
(t)'' and inserting ``(s), (t), or (aa)''.
(c) Rules of Interpretation.--Nothing in this Act, or any amendment made by this Act, shall be construed to--
(1) authorize the establishment, directly or indirectly, of a national firearms registry; or
(2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.
(d) Effective Date.--The amendment made by subsections (a) and (b) shall take effect 180 days after the date of enactment of this Act.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour, equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
The gentleman from New York (Mr. Nadler) and the gentleman from Ohio
(Mr. Jordan) each will control 30 minutes.
The Chair recognizes the gentleman from New York.
{time} 1415
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 8.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, gun violence impacts all of our communities, and no place is immune from its reach, including our homes, our streets, our schools, and even our places of worship. That is why we must take swift and decisive action to reduce the daily toll of gun violence that afflicts our Nation. H.R. 8, the Bipartisan Background Checks Act of 2021 is sensible and effective legislation to do just that.
Under current law, gun sales conducted by licensed firearms dealers may only be completed if the buyers clear background checks. This bill would simply extend that requirement, with limited exceptions, to guns transferred by unlicensed individuals as well. That simple change to close a gaping loophole in the law is one of the most effective steps we can take to address the scourge of gun violence in this country.
According to one study, 22 percent of gun owners in the U.S. acquired their most recent firearm without a background check. We do not know if they were felons, fugitives, domestic abusers, or otherwise prohibited under the law from possessing firearms. A huge volume of guns was sold with no questions asked. It is time to close this dangerous loophole.
There is no reason to continue to make it easy for people who are legally prohibited from possessing firearms to acquire them. The evidence clearly shows that background checks work and significantly curb gun violence. One study found that a Connecticut law requiring background checks was associated with a 40 percent decline in gun homicides and a 15 percent drop in suicides. On the other hand, when Missouri repealed its background check law, the State's gun homicides increased by 23 percent and suicides increased by 16 percent.
Gun violence of this magnitude is a distinctly American problem. A recent study in the American Journal of Medicine found that compared to 29 other high-income countries, the gun-related murder rate in the United States is 25 times higher. Even when you adjust for population differences, Americans are disproportionately killed by gun violence. This is a disparity that we can remedy by passing this bill.
With the exception of certain limited transfers, such as gifts to family members and transfers for hunting, target shooting, and self-
defense, H.R. 8 would extend the current Federal background check requirement--which applies now only to licensed gun dealers--and would require virtually all transactions to undergo a background check to help ensure that firearms do not end up in the wrong hands.
I thank Representative Mike Thompson of California for drafting this important legislation and for being a champion of gun violence prevention in Congress.
Simply put, H.R. 8 will save lives. I urge my colleagues to support this legislation and to support safer streets, safer schools, and safer communities.
Mr. Speaker, I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentleman from Kentucky (Mr. Massie), the co-chair of the Second Amendment Caucus.
Mr. MASSIE. Mr. Speaker, Democrats today want to introduce gun control legislation that they say is going to make you safer. They want to expand background checks.
But what do background checks accomplish?
Well, the DOJ said there were 112,000 denials in a year.
Who were those 112,000 people?
Well, my colleagues on the other side of the aisle would have you think those were felons, they saved you from those felons.
But how many of those 112,000 were prosecuted for that crime of trying to acquire that gun?
According to the DOJ, 12--1-2--12 in a year.
Who were the other 100,000?
Imagine, just imagine now that you are the victim of an abusive relationship and after 5 years you have summoned the courage and the resources to separate from that relationship, but things have escalated and now you have decided that it is time to acquire the means to protect you and your children. So you go to the gun store and you try to buy a gun. The clerk presses the computer button, and it says
``denied.''
You ask the clerk, ``Why was it denied?''
The clerk says, ``I don't know. This happens sometimes. Maybe you had a similar name to somebody else in the database.''
You can't buy a gun today, tomorrow, next week. Not ever. You have been denied. So you go to a friend you have known for a long time. Your friend says, ``I would like to help you.''
You say, ``Well, I don't know if I am going to make it through the night.''
Your friend says, ``I would like to help you, but don't you know H.R. 8 passed and it was signed by the President. I can't spend a year in a cage. Good luck tonight.''
Mr. Speaker, now, I am not going to ask you to imagine what happens next because the Democrats saw fit to put into this bill a requirement that you have an imminent threat of death. The threat has to be right there upon you or great bodily harm.
What do they say?
Well, if you are just expecting a few bruises and maybe a punch, put some ice on it.
Mr. Speaker, I am going to ask my colleagues here today and I am going to challenge the sponsors of this bill and those of them who might think they would vote for this bill to consider whether it is fair.
Is it fair to surround yourself with armed guards, with Capitol Hill Police who have guns, with personal details, bodyguards, and ask the people to pay for it when you make it harder for those same people to protect themselves?
I don't think that is fair.
And for the fact checkers who are already hard at work on this speech, I include in the Record this GAO report on the DOJ statistics on background checks.
Report to the Ranking Member, Subcommittee on Commerce, Justice,
Science, and Related Agencies, Committee on Appropriations, House of
Representatives
Law Enforcement--Few Individuals Denied Firearms Purchases Are
Prosecuted and ATF Should Assess Use of Warning Notices in Lieu of
Prosecutions
why gao did this study
In 2017, approximately 25.6 million firearm-related background checks were processed through NICS, and about 181,000 of the attempted purchases at the federal and state levels combined were denied because the individual was prohibited from possessing a firearm under federal or state law. Individuals who certify that they are not prohibited from purchasing or receiving a firearm and are subsequently determined to be prohibited could be subject to investigation, and if prosecuted, a fine, imprisonment, or both.
GAO was asked to examine firearms denials. This report (1) describes the extent to which federal and selected state law enforcement agencies investigate and prosecute firearms denial cases; (2) examines related challenges faced by these agencies; and (3) describes the circumstances that lead to investigations and prosecutions. GAO reviewed laws and regulations; analyzed federal and state data from 2011 through 2017; and interviewed officials from ATF headquarters, 6 of 25 ATF field divisions (the 6 that investigated the most cases), and the 13 states that process all NICS checks within their state. Results from state interviews are not generalizable but provide insights on state practices.
what gao recommends
GAO recommends that ATF assess the extent to which ATF field divisions use warning notifications as an enforcement tool, which would inform whether changes to policy are needed. DOJ concurred with GAO's recommendation.
what gao found
Investigations and prosecutions. Federal and selected state law enforcement agencies that process firearm-related background checks through the National Instant Criminal Background Check System (NICS) collectively investigate and prosecute a small percentage of individuals who falsify information on a firearms form (e.g., do not disclose a felony conviction) and are denied a purchase. Federal NICS checks resulted in about 112,000 denied transactions in fiscal year) 2017, of which the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) referred about 12,700 to its field divisions for further investigation. U.S. Attorney's Offices (USAO) had prosecuted 12 of these cases as of June 2018.
TABLE.--FEDERAL NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) FIREARMS DENIAL CASES INVESTIGATED AND PROSECUTED, FISCAL YEAR 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATF Field Division United States Attorney's
Federal NICS Transactions Denials Investigations Offices Prosecutions
--------------------------------------------------------------------------------------------------------------------------------------------------------
8,606,286..................................................... 112,090 12,710 12
--------------------------------------------------------------------------------------------------------------------------------------------------------
At the state level, officials from 10 of 13 selected states said they did not investigate or prosecute firearm denials, some citing competing resource demands and the lack of statutes with which states prosecute as reasons. The remaining 3 states investigated a high proportion of firearms denials. One of the 3 states reported about 1,900 referrals for prosecution in 2017 and about 470 convictions.
Challenges. ATF and selected states reported challenges in investigating and prosecuting firearms denials. Officials from six selected ATF field divisions said that investigating the increasing number of denial cases referred to field divisions--which increased from about 5,200 in fiscal year 2011 to about 12,700 in fiscal year 2017--has been time intensive and required use of their limited resources. ATF policy provides that field divisions may send ``warning notices'' to denied persons in lieu of prosecution, but ATF has not assessed field divisions' use of these notices, which could provide greater awareness of their deterrence value and inform whether any policy changes are needed. Officials from the Executive Office for United States Attorneys said that prosecuting denial cases can require significant effort and may offer little value to public safety compared to other cases involving gun violence. Selected state officials said that denial investigations can take law enforcement officials away from their core duties. State prosecutors said gathering evidence to prove individuals knew they were prohibited was a challenge.
Types of cases. ATF field divisions investigate denial cases based on USAO criteria and generally only refer cases to USAOs for prosecution when aggravating circumstances exist, such as violent felonies or multiple serious offenses over a short period of time. Officials from two of three selected states refer all denial cases for investigation, while one state uses risk-based criteria for selecting cases that include conditions such as felony convictions and misdemeanor crimes of domestic violence. Prosecutors from these three states said they generally pursue cases that involve indications of violence, though individual prosecutors had differing priorities based on public safety concerns.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer), the distinguished majority leader of the House.
Mr. HOYER. Mr. Speaker, well, that is an interesting speech to follow. Mr. Massie was very energized. I haven't seen, of course, that which he submitted for the Record, but 90 percent of America thinks this bill makes sense, 90 percent. Take your own polls. Poll after poll after poll shows overwhelming support of this legislation because it is common sense. It is common sense that you want to assure the community that those who buy weapons that can be used with deadly force, as the gentleman just indicated, are not a danger to themselves or to others.
Mr. Speaker, according to the database from the Associated Press, USA Today, and Northeastern University that tracks mass shootings, which they define as four or more victims, not including the shooter, 2020 was a standout year. After years of setting new records for mass shootings, 2019 had the highest number recorded, 33 mass shootings in one year. But in 2020, there were only two mass shootings: one in February and another in early March.
Of course, Mr. Speaker, those numbers don't count the hundreds of shootings each year in which there are fewer than four victims, with tens of thousands killed or maimed by gun violence annually. The contrast in the number of mass shootings from 2019 to 2020 is stark.
Mr. Speaker, I don't have to explain to my colleagues why mass shootings suddenly came to a halt last year, but it shouldn't take a deadly viral pandemic--which took us out of group meetings, which took us off the streets, which kept us at home--to stop a deadly epidemic of gun violence.
With the arrival of vaccines and passage of President Biden's plan to help make it safe to reopen businesses and schools, we will soon be gathering in groups once more, but nobody wants to see a return to mass shootings, Mr. Speaker. Nobody wants to see a return to deadly school shootings that terrorize America's students.
We shouldn't need a pandemic to reduce gun violence in this country. The way to do that ought to be through passing commonsense gun safety legislation through Congress to make it harder for deadly firearms to get into the hands of those who cannot bear them responsibly. That is what H.R. 8, the Bipartisan Background Checks Act, would do.
Nine out of 10 Americans support the reforms in this bill. Now, I know I have seen some people, Mr. Speaker, shake their head, no, no, that is not the case. Show me a poll that has less than 80 percent of Americans thinking that terrorists should not be able to buy guns, that felons should not be able to buy guns, that domestic abusers should not buy guns, particularly in an accelerated way. You get mad at a partner, you get mad at a girlfriend, a boyfriend, whatever, go down to the store, boy, get a gun, bang.
It is one thing to have a thoughtful purchase: I want to have a hunting gun; I want to have a handgun for target practice; I want a handgun for safety in my home, in my business, in my car. But if you are a person who has shown that you are not somebody who is a responsible person--sort of like driving a car, if you are not responsible, you are a reckless driver and you have been guilty of manslaughter by automobile or something of that nature--people have a right to know that what you do is going to be not a danger to them.
This is one of the greatest examples of legislation that truly reflects the will of the American people. That is why I hope we can come together to pass it with bipartisan support. I don't know that that is going to be the case. But if it is not the case, it will not reflect the will of the American people who would like to see this on a bipartisan basis. Republicans and Democrats polled support this legislation.
Now, if somebody wants to show me a poll that says, no, that is not the case, that is one thing, but I haven't seen a poll that doesn't reflect that. Just as I believe we ought to do this week with Representative Clyburn's bill as well, which could close the loophole that contributed to the reprehensible and racially motivated mass shooting at the Mother Emanuel AME Church in Charleston, South Carolina, in 2015. Nine people in church slain by somebody who got a gun; who, if the report had come back in a timely fashion, wouldn't have been able to get that gun.
I hope that Senate Republicans will not filibuster this bill. At some point in time the majority ought to rule.
Now, the Second Amendment correctly protects gun ownership. I don't have an argument with that. But the Supreme Court itself said that there could be responsible restraints and items for protection consistent with that amendment. That is what this bill does.
I hope our friends will listen to the voices of parents, children, siblings, spouses, neighbors, and friends of those who were killed by gun violence in recent years; and I hope they will remember the names that bring tears to many eyes and pain in so many hearts. Parkland. Some believe Parkland didn't happen. They are wrong, of course. Sandy Hook; Charleston; Las Vegas; Orlando; Pittsburgh; Annapolis; San Bernardino; Washington Navy Yard, just a few blocks from here; Oak Creek; Tucson; Virginia Tech; and the list could go on and on and on.
I say to the ladies and gentlemen of the House, let's not add more names to this register of grief. Let's not rely on a pandemic to do what we ought to have done so long ago. Let's pass these bills and reduce gun violence the right way, with our votes.
Is this a perfect bill? Will it establish or accomplish the absolute safety?
It will not, but what 90 percent of Americans say is that it is a step in the right direction.
Mr. Speaker, let us take that step.
Mr. JORDAN. Mr. Speaker, no, it doesn't. The previous speaker said when this bill becomes law, it will stop some of the mass shootings--
all of the mass shootings that happen in this country. No, it won't. Nothing in this bill would prohibit, would have stopped any of those terrible things that took place.
What this bill does is stop law-abiding citizens from exercising their Second Amendment liberties, just as the gentleman from Kentucky mentioned a few minutes ago.
Mr. Speaker, I yield 1 minute to the gentlewoman from Indiana (Mrs. Spartz).
{time} 1430
Mrs. SPARTZ. Mr. Speaker, I rise in opposition to H.R. 8. A major reason our Founding Fathers drafted the Second Amendment is to have a check and balance for the people against the tyranny of government. It is the Second Amendment for a reason, not the Ninth or the Tenth. You must have the Second to protect the First.
The first action by history's dictators--and we know all of them--was to take guns from law-abiding citizens. We must remember that there is no law that stops criminals from getting guns and committing crimes. We would have empty prisons otherwise.
As someone who grew up under a tyrannical government, I value these rights tremendously, and I encourage my colleagues to be vigilant and protect these rights for all law-abiding citizens.
I urge my colleagues to oppose this bill.
Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from California (Mr. Thompson), the sponsor of this bill.
Mr. THOMPSON of California. Mr. Speaker, every day 30 people are killed by someone using a gun. That number jumps to 100 if you factor in accidents and suicides involving guns. The steady stream of gun violence devastates families, communities, and schools.
Gun violence costs our country $280 billion every year. This status quo is not okay.
Our constituents know it, and they support H.R. 8 overwhelmingly.
The Special Order last night on H.R. 8 was another low point for decorum in the House. To be generous, it was an embarrassing display and a complete misrepresentation of the facts.
Viewers were told that the bill would create a Federal gun registry. Wrong. Read page 5, line 18. H.R. 8 prohibits any registry.
They were told you can't give a gun to a family member. Wrong. Read page 3, line 7. You can.
They were told that you can't transfer a gun if someone was suicidal or needed it for protection to address a self-defense situation. Wrong. Read page 3, line 21. You can.
They were told that you can't lend a gun to a friend to go hunting. Wrong. Read page 4, line 16. You can.
What the bill does do is close the private gun sale loophole, which has made it easy for felons and other prohibited purchasers to buy a gun online, at gun shows, or in person-to-person sales.
We know universal background checks work. Every day they stop some 160 felons and some 50 domestic abusers from buying a gun. Every day.
But without universal background checks, these people can take their business elsewhere, to someone without a Federal firearms license and buy the same gun.
I have personally filled out the 4473 form required to buy a gun from a licensed dealer. I have done it many times. It is something that every responsible gun owner should be able to live with. Heck, they should welcome it because it helps stop dangerous individuals from getting a gun.
In 90 percent of the cases, background checks are completed within minutes.
Mr. Speaker, I ask that these letters that I have from dozens of gun violence prevention groups, healthcare workers, law enforcement, and others be included in the Record.
March 5, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader, U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader, House of Representatives,Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy: We write to you in support of H.R. 8/S. 529 the Bipartisan Background Checks Act and H.R. 1446/S. 591 the Enhanced Background Checks Act. As gun owners, we understand that responsible gun ownership starts with background check. Loopholes in federal law have perpetuated the gun violence crisis in our country, including those in our background checks system. Congress must enact meaningful legislation to reduce gun violence. The Bipartisan Background Checks Act would close one such loophole by ensuring that a background check happens on every firearms sale.
Since 1993, the National Instant Criminal Background Check System (NICS) has conducted firearm background checks on gun purchasers. Federally licensed dealers must run a check through NICS to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS shows that a person is indeed prohibited, the dealer must deny the sale.
However, no background check is required for sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales. And the frequency of these unregulated sales is growing: recent studies indicate that approximately 22 percent of firearms are purchased without a background check, up to 80% of firearms used in crimes are obtained without a background check.
H.R. 8/S.B. 529 the Bipartisan Background Checks Act/Background Check Expansion Act would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, online, or from an unlicensed private seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks. Closing these background check loopholes is critical to reducing gun violence throughout the United States.
Additionally, H.R. 1446/S. 591 the Enhanced Background Checks Act/Background Check Completion Act would provide the FBI more time to complete background checks and ensure that people prohibited from possessing firearms are not able to obtain them by default because of an incomplete background check. This deadly loophole in existing law was exploited by a white supremacist who killed nine people at the Mother Emanuel AME Church in Charleston, South Carolina.
As responsible gun owners, we urge you to consider this legislation which would help keep our communities safe. Our support for universal background checks stems from our desire to protect the Second Amendment rights of law abiding citizens while maintaining checks and balances to keep communities safe.
We urge you to pass H.R. 8/S. 529 the Bipartisan Background Checks Act/Background Check Expansion Act and H.R. 1446/S. 591 the Enhanced Background Checks Act/Background Check Completion Act, as soon as possible.
Sincerely,Giffords Gun Owners for Safety.
____
Gun Owners for
Responsible Ownership,
Lake Grove, OR, March 5, 2021.Hon. Chuck Schumer,Majority Leader,U.S. Senate, Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader,U.S. Senate, Washington, DC.Hon. Kevin McCarthy,Republican Leader,House of Representatives, Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy: We are gun owners, outdoors enthusiasts, and veterans who seek reasonable and responsible solutions to preventing gun violence. We believe our Second Amendment rights come with responsibilities. We also believe in common-sense efforts to reduce gun violence and promote gun safety across the country, including universal background checks and safe and secure storage of firearms.
H.R. 8 / S. 529 the Bipartisan Background Checks Act / Background Check Expansion Act would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, on line, or from an unlicensed seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks. Closing these background check loopholes is critical to reducing gun violence throughout the United States.
Additionally, H.R. 1446 / S. 591 the Enhanced Background Checks Act / Background Check Completion Act would provide the FBI more time to complete background checks and ensure that people prohibited from possessing firearms are not able to obtain them by default because of an incomplete background check. This deadly loophole in existing law was exploited by a white supremacist who killed nine people at the Mother Emanuel AME Church in Charleston, South Carolina.
Oregon adopted universal background checks in 2015 which we strongly supported. However, our citizens are still vulnerable to the importation of firearms from states with less stringent laws. We need federal legislation that will apply to all.
We urge you to pass H.R. 8 / S. 529 the Bipartisan Background Checks Act / Background Check Expansion Act and H.R.1446 / S. 591 the Enhanced Background Checks Act / Background Check Completion Act, as soon as possible.
Sincerely,
Paul Kemp,President.
____
States United To
Prevent Gun Violence,
March 5, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader, U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader,House of Representatives, Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy: States United to Prevent Gun Violence is a group of 32 state affiliates across the United States that work on Gun Violence Prevention. We come from all areas of this country. Urban, rural, and, suburban. We believe that gun violence is a public health problem, and, that the legislation proposed will prevent many communities from suffering the trauma of gun violence.
Since 1993, the National Instant Criminal Background Check System (NICS) has conducted firearm background checks on gun purchasers. Federally licensed dealers must run a check through NICS to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS shows that a person is indeed prohibited, the dealer must deny the sale.
However, there is a loophole in federal law and no background check is required for sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales. And the frequency of these unregulated sales is concerning: recent studies indicate that approximately 22 percent of firearms are purchased without a background check, and up to 80% of firearms used in crimes are obtained without a background check.
H.R. 8 / S. 529 the Bipartisan Background Checks Act / Background Check Expansion Act would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, online, or from an unlicensed seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks. Closing these background check loopholes is critical to reducing gun violence throughout the United States.
Additionally, H.R. 1446 / S. S. 591 the Enhanced Background Checks Act / Background Check Completion Act would provide the FBI more time to complete background checks and ensure that people prohibited from possessing firearms are not able to obtain them by default because of an incomplete background check. This deadly loophole in existing law was exploited by a white supremacist who killed nine people at the Mother Emanuel AME Church in Charleston, South Carolina.
We know that in many of our states we have not been able to pass any form of gun Violence Prevention Bills. If passed these Bills would bring immediate relief to all Americans from most forms of gun Violence.
We urge you to pass H.R. 8 / S. 529 the Bipartisan Background Checks Act / Background Check Expansion Act and H.R. 1446 / S. 591 the Enhanced Background Checks Act / Background Check Completion Act, as soon as possible.
Sincerely,
Clai Lasher-Sommers,
Executive Director,States United to Prevent Gun Violence.
____
Major Cities Chiefs Association,
March 5, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader, U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader, House of Representatives,Washington, DC.
Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Republican Leader McCarthy: I'm writing on behalf of the Major Cities Chiefs Association (MCCA), a professional organization of police executives representing the largest cities in the United States and Canada. The MCCA strongly supports H.R. 8/S.B. 529, the Bipartisan Background Checks Act of 2021/Background Check Expansion Act. The Association has been a strong advocate for sensible gun policy for many years. Instituting universal background checks is a core tenant of the MCCA's Firearms Violence Policy, which our membership approved in 2018.
Since 1993, the National Instant Criminal Background Check System (NICS) has conducted firearm background checks on gun purchasers. Federally licensed dealers must run a check through NICS to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS shows that a person is indeed prohibited, the dealer must deny the sale. However, there is a loophole in federal law, and no background check is required for sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales.
H.R. 8/S.B. 529 would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, online, or from an unlicensed seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks. Closing these background check loopholes is critical to reducing gun violence throughout the United States.
Many MCCA members are experiencing a significant uptick in gun violence in their cities. The MCCA's most recent Violent Crime Survey, which showed a nationwide rise in both homicides and aggravated assaults in 2020, supports these reports. Ensuring background checks for all gun sales and transfers will save lives by helping keep firearms out of the hands of those who are not permitted to have them under the law. It will also be a critical step in combatting the epidemic of gun violence currently plaguing our country.
Gun violence is more than just a public safety issue; it's an officer safety issue as well. MCCA members, and law enforcement agencies all across the country, have had far too many officers killed or wounded in the line of duty by individuals who should have been prohibited from purchasing a firearm. We must enact policies at the national level to help ensure these brave men and women return home safely after their shifts.
The MCCA urges Congress to pass H.R. 8/S.B. 529, the Bipartisan Background Checks Act of 2021 /Background Check Expansion Act, as soon as possible. Please do not hesitate to contact me if the MCCA can be of any assistance.
Sincerely,
Chief Art Acevedo,
Chief, Houston Police Department,President, Major Cities Chiefs Association.
____
March 3, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader, U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader, House of Representatives,Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy: We write to you in support of H.R. 8/S. 529 the Bipartisan Background Checks Act. As physicians, we believe that gun violence and its associated traumas are a public health crisis, and that Congress must enact meaningful legislation to help reduce gun violence in our communities. In 2019, 39,707 people died from gun violence. Tragically, the pandemic and resulting economic fallout may further exacerbate this public health crisis. Experts have suggested that the pandemic may drive increases in suicides, domestic violence, and community violence in the coming years. Several loopholes in federal law--and the background check system in particular--are not sufficient to prevent individuals who are ineligible to own a firearm from purchasing one. The Bipartisan Background Checks Act would enact universal background checks, closing these dangerous loopholes by ensuring that a background check happens on every firearms sale.
The American Medical Women's Association has been the voice and vision of women in medicine since 1915. Time and time again, AMWA, as an organization, stands to decrease the burden of gun related fatalities and violence. AMWA acknowledges gun violence for what it really is: a deadly epidemic resulting in substantial morbidity and mortality for our patients.
Since 1993, the National Instant Criminal Background Check System (NICS) has conducted firearm background checks on gun purchasers. Federally licensed dealers must run a check through NICS to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS shows that a person is indeed prohibited, the dealer must deny the sale.
However, no background check is required for sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales. And the frequency of these unregulated sales is concerning: recent studies indicate that approximately 22 percent of firearms are purchased without a background check, up to 80% of firearms used in crimes are obtained without a background check.
H.R. 8/S. 529 the Bipartisan Background Checks Act/Background Check Expansion Act would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, online, or from an unlicensed seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks.
Too often, our patients and our communities bear witness to the terrible tragedies that occur when people use guns to harm themselves or others. Gun violence is a complex public health issue that will require a comprehensive solution; enacting universal background checks is an important first step. Our support for universal background checks comes from our desire to save lives and protect our patients.
We urge you to pass H.R. 8/S. 529 the Bipartisan Background Checks Act/Background Check Expansion Act, as soon as possible.
Sincerely,
Theresa Rohr-Kirchgraber, MD,
FACP, FAMWA,Chair, Advocacy Committee AMWA.
____
Members of the 117th Congress: We, the undersigned organizations, strongly urge you to cosponsor and quickly pass H.R. 8, the Bipartisan Background Check Act, and S. 529, the Background Check Expansion Act, to expand Brady Background Checks to cover all firearm transactions, as well as H.R. 1446, the Enhanced Background Checks Act of 2021, to close a dangerous gap in law that allows thousands of prohibited individuals to purchase firearms every year.
Since the Brady Law was enacted in 1994, more than 3.5 million prohibited firearm transactions have been prevented. In 2015 alone, an average of 619 individuals per day were deemed by law to be too dangerous to possess a firearm and were blocked by the system.
Background checks are conclusively effective and have saved countless lives. However, because only federally licensed firearms dealers are required to conduct these checks, an estimated one in five gun sales or transfers--those conducted by private sellers, including sales online and at gun shows--are completed without a background check. Without background checks it is almost impossible to keep guns out of the hands of prohibited individuals or to hold illegal gun dealers accountable.
H.R. 8 and S. 529 will make us all safer by requiring a background check for virtually every firearm sale and transfer. The bills include narrow, reasonable exceptions like transfers among close family members and short-term gun loans among hunters and sport shooters. The legislation does nothing to impede lawful gun purchases, while closing off a wide and well-known avenue for illegal transactions by prohibited, and often dangerous, buyers. It is past time to expand lifesaving background checks to every gun sale, and the public agrees: more than 90 percent of Americans, including large majorities of gun owners, support universal background checks.
Likewise, it has been over five years since a prohibited person massacred nine parishioners at the Emanuel AME Church in Charleston, South Carolina, with a gun purchased at a licensed firearms dealer and it is far past time for Congress to take action to fix this gap in law.
Under current law, a licensed dealer may transfer a gun to a buyer after three business days even if the background check has yet to determine whether that buyer is legally eligible to purchase a gun, now known commonly as the
``Charleston Loophole.'' According to FBI data, thousands of guns are sold each year through this loophole to individuals who are prohibited from possessing firearms--over 43,000 since 2008. In the last decade an average of 10 prohibited individuals have been able to purchase guns at licensed firearms dealers through the Charleston Loophole every single day.
H.R. 1446 will prevent the sale of firearms to prohibited individuals by providing the FBI with additional time to complete background checks--allowing the system to better focus its resources and efforts, and provide accurate dispositions to federally licensed firearms dealers. This legislation will have a tremendous impact on public safety while ensuring that lawful gun owners are not subject to indefinite bureaucratic delay.
We urge you to act quickly to pass these life-saving pieces of legislation.
Sincerely,
American Federation of Teachers (AFT), American Medical Student Association (AMSA), American Public Health Association (APHA), Amnesty International, Bishops United Against Gun Violence, Brady, Children's Defense Fund (CDF), Docs Demand Action, Doctors for America (DFA), End Citizens United (ECU), Friends Committee on National Legislation
(FCNL), Major Cities Chiefs Association (MCCA), MomsRising.
National Association of Social Workers (NASW), National Education Association (NEA), National Network of Public Health Institutes (NNPHI), National Organization of Black Law, Enforcement Executives (NOBLE), National PTA, Physicians for Social Responsibility (PSR), Public Citizen, Team Enough, The King Center, This Is Our Lane, Union for Reform Judaism
(URJ), U.S. Conference of Mayors, VoteVets.
____
National Police Foundation,
March 5, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader. U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader, House of Representatives,Washington, DC.
Dear Majority Leader McConnell, Leader Schumer, Speaker Pelosi, and Leader McCarthy: The National Police Foundation is an independent and nonpartisan 501(c)(3) organization dedicated to advancing American policing through science and innovation. For many years, the Foundation has advocated strongly for and continues to support common sense responses to America's gun violence problem. Addressing and strengthening our system of background checks is long overdue and it is my belief that H.R. 8/S.B. 529 can address these issues and is worthy of full consideration.
Since 1993, the National Instant Criminal Background Check System (NICS) has conducted firearm background checks on gun purchasers. Federally licensed dealers must run a check through NICS to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS shows that a person is indeed prohibited, the dealer must deny the sale.
However, there is a loophole in federal law and no background check is required for sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales. And the frequency of these unregulated sales is concerning: recent studies indicate that approximately 22 percent of firearms are purchased without a background check, and up to 80 of firearms used in crimes are obtained without a background check.
H.R. 8/S.B. 529 the Bipartisan Background Checks Act/Background Check Expansion Act would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, online, or from an unlicensed seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks. Closing these background check loopholes is critical to reducing gun violence throughout the United States.
The women and men serving on America's front lines deserve the support that these bills will provide. Beyond data and research, common sense tells us that the solutions offered in H.R. 8/S.B. 529 are needed and will make a difference. We urge you to pass H.R. 8/S.B. 529 the Bipartisan Background Checks Act /Background Check Expansion Act, as soon as possible.
Sincerely,
James H. Burch, II,President.
____
March 4, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader, U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader, House of Representatives,Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy: March for Our Lives Colorado
(MFOL CO) has been pushing for common-sense gun laws for our state since 2019. MFOL CO's mission is to prevent gun violence in Colorado by engaging youth in the legislative process to further safety measures to protect ourselves and our fellow classmates. As such, we strongly endorse H.R. 8 for its potential to prevent gun-related violence. In 2013, Colorado passed House Bill 13-1229, resulting in the passage of universal background checks for firearm sales through unlicensed sellers in response to devastating events of gun violence in both Colorado and across the nation. According to the Colorado Bureau of Investigation, 2019 alone resulted in the rejection of 2.11% of sales (3,477 firearm sales) through unlicensed sellers due to indicators on background checks that suggest the guns would potentially be misused, showing that UBC laws have the empirical ability to keep guns from individuals who might misuse them.
Since 1993, the National Instant Criminal Background Check System (NICS) has conducted firearm background checks on gun purchasers. Federally licensed dealers must run a check through NICS to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS shows that a person is indeed prohibited, the dealer must deny the sale.
However, there is a loophole in federal law and no background check is required for sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales. And the frequency of these unregulated sales is concerning: recent studies indicate that approximately 22 percent of firearms are purchased without a background check, and up to 80% of firearms used in crimes are obtained without a background check.
H.R. 8/S. 529 the Bipartisan Background Checks Act/Background Check Expansion Act would require a background check on every sale, ensuring that people prohibited from purchasing firearms cannot exploit loopholes and purchase guns through an unregulated sale at a gun show, online, or from an unlicensed seller. In addition, individuals would no longer be able to cross state lines solely to purchase a firearm in a state with less stringent background checks. Closing these background check loopholes is critical to reducing gun violence throughout the United States.
Additionally, H.R. 1446/S. 529 the Enhanced Background Checks Act/ Background Check Completion Act would provide the FBI more time to complete background checks and ensure that people prohibited from possessing firearms are not able to obtain them by default because of an incomplete background check. This deadly loophole in existing law was exploited by a white supremacist who killed nine people at the Mother Emanuel AME Church in Charleston, South Carolina.
H.R. 8 will save lives through increased background checks for unlicensed sales in the United States. Our organization's first-hand experience with gun violence in our youths brings a grave brevity to our support of H.R. 8. March For Our Lives was forged to call for action against the violence that has plagued our nation. We call on you now to pass these bills to protect millions of student lives across the United States.
We urge you to pass H.R. 8/S. 529 the Bipartisan Background Checks Act/Background Check Expansion Act and H.R. 1446/S. 529 the Enhanced Background Checks Act/Background Check Completion Act, as soon as possible.
Sincerely,March For Our Lives Colorado.
____
American Psychological
Association Services, Inc.,
March 8, 2021.Hon. Chuck Schumer,Majority Leader, U.S. Senate,Washington, DC.Hon. Nancy Pelosi,Speaker, House of Representatives,Washington, DC.Hon. Mitch McConnell,Minority Leader, U.S. Senate,Washington, DC.Hon. Kevin McCarthy,Republican Leader, House of Representatives,Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy: On behalf of the American Psychological Association (APA), I write to express our support of H.R. 8/S. 529 the Bipartisan Background Checks Act of 2021. This important legislation would address our nation's gun violence public health crisis by closing pre-existing loopholes that allow for unlicensed gun sellers to avoid comprehensive background checks on firearms sales.
APA is the largest scientific and professional organization representing psychology in the United States with nearly 122,000 researchers, educators, clinicians, consultants, and students. Our mission is to advance the creation, communication, and application of psychological knowledge to benefit society and improve people's lives. APA advocates for a public health approach to gun violence prevention, supporting evidence-based programs and policies that can reduce the occurrence and impact of firearm-related violence in the United States.
Research demonstrates almost 80% of all firearms acquired for criminal purposes are obtained through transfers from unlicensed sellers and 96% of persons incarcerated for gun offenses who were already prohibited from possessing a firearm at the time of the offense obtained their firearm from an unlicensed seller. Moreover, states that only require background checks on sales through federally licensed firearms dealers showed higher rates of adolescents who carry guns than states that require universal background checks on all prospective gun buyers.
Thank you for your work to prevent gun violence tragedies.
Sincerely,
Brian D. Smedley, Ph.D.,
Chief of Psychology in the Public Interest,American Psychological Association.
____
American College of Physicians,
March 4, 2021.Hon. Michael Thompson,House of Representatives,Washington, DC.
Dear Rep. Thompson: On behalf of the American College of Physicians (ACP), I am writing to offer our strong support for the Bipartisan Background Checks Act of 2021 (H.R. 8), legislation introduced in the 117th Congress to expand and enhance the National Instant Criminal Background Check System
(NICS). We applaud your continued efforts to reduce firearms-related violence through common sense legislation. As an organization representing physicians who have first-hand experience with the devastating impact on the health of their patients resulting from firearms-related injuries and deaths, we have a responsibility to be part of the solution in trying to mitigate firearms-related tragedies. We stand ready to work with you to advance this important legislation.
The American College of Physicians is the largest medical specialty organization and the second-largest physician membership society in the United States. ACP members include 163,000 internal medicine physicians (internists), related subspecialists, and medical students. Internal medicine physicians are specialists who apply scientific knowledge and clinical expertise to the diagnosis, treatment, and compassionate care of adults across the spectrum from health to complex illness.
We remain alarmed by the tragic toll of firearms violence in our neighborhoods, homes, workplaces, and public spaces. Deaths and injuries from firearms are not just a result of mass shootings, they are a daily occurrence; in 2019, 39,707 Americans lost their lives to firearms, according to the Centers for Disease Control and Prevention. This issue represents an urgent public health crisis and now is the time to act, on a bipartisan basis, on measures to improve the safety of all Americans.
The Bipartisan Background Checks Act would strengthen the accuracy and reporting of the National Instant Criminal Background Check System (NICS) as well as expand Brady background checks to cover all firearm sales, including unlicensed firearms sellers currently not required to use background checks. Examples of gun sales not requiring background checks through NICS include those at gun shows, through the internet, and between private individuals or classified ads. With some exceptions, the legislation would expand background checks to cover all private and commercial firearm transfers and sales. In addition, because gun sellers would now be required to perform background checks for all sales and transfers, gun purchasers would no longer be able to cross state lines to buy firearms in a state with less rigorous background check laws.
In conclusion, for more than 20 years, we ACP has urged the adoption of policies to reduce deaths and injuries related to firearms violence. A brief summary of ACP's updated position paper on this issue can be found here. We remain committed to this endeavor and we call on Congress to pass H.R. 8 as a necessary first step in addressing the public health crisis created by firearms violence.
Sincerely,
Jacqueline W. Fincher, MD, MACP,
President.
Mr. THOMPSON of California. On this bill we have coauthors who are Democrats and Republicans, cops, hunters, gun owners, district attorneys, a former FBI agent, and veterans, who have served in combat and put their lives on the line to protect our Second Amendment.
There is bipartisan support for universal background checks in Congress and near universal support for background checks from the American people.
I urge my colleagues to vote ``yes'' on H.R. 8.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Georgia (Mr. Hice).
Mr. HICE of Georgia. Mr. Speaker, I thank my good friend from Ohio for yielding.
Look, bottom line is, we all know that by definition criminals don't abide by the law. And that applies also when they are purchasing firearms. Nothing in this bill prohibits this type of individual from obtaining firearms.
In fact, the majority of individuals in prison for committing crimes with firearms obtain their firearms through theft, the underground market, family members, and the like.
But what this bill does is threaten everyday American citizens with up to a year in prison and a $100,000 fine for exercising their Second Amendment right in doing common practices.
To say that this does not create a national gun registry, you cannot accomplish what is in this bill without a gun registry.
The reality is universal background checks do not stop mass shootings. We do not have mass shootings because of lack of background checks. This bill will not make our communities safer. In fact, what it will do is cause law-abiding citizens to lose more of their Second Amendment rights.
We shouldn't be focused here in Congress in taking those rights away. We actually should be strengthening the enforcement of laws we already have to make our communities safer.
I stand with the Constitution and urge my colleagues to vote against H.R. 8.
Mr. NADLER. Mr. Speaker, the fact is that 160 families every day buy guns. All this bill does is to say that people who obtain guns from unlicensed dealers, as well as licensed dealers, must be subject to the background check, and that will save a heck of a lot of lives.
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for yielding.
You know, our friends on the other side of the aisle are deadly wrong. That is the tragedy of their argument, because the Second Amendment does not prohibit regulation. It never did. And our Founding Fathers regulated guns as early as the beginning of this Nation.
And so I rise in support of H.R. 8, and indicate while the COVID-19 pandemic dominated news headlines in 2020, the number of shootings surged in many communities across America.
Our public health and emergency resources have been straining to recover from the coronavirus, and budgets are crunched nationwide, and, as well, gun violence is rising. It is important to note because approximately 80 percent of firearms used for criminal purposes are obtained without a background check.
We must strengthen our firearms background checks and close dangerous gaps, such as the online sale and gun show loopholes.
In the data that we were able to secure, there was nearly one mass shooting per day in the United States: 355 mass shootings in 2018. We realize that since December 2012 there have been at least 1,518 mass shootings with at least 1,715 people killed.
Each day an average of 92 Americans are victims of gun violence, resulting in more than 33,000 deaths. And I wonder why our friends could not feel the pain of the loss of guns being transferred illegally or improperly?
I was here for Columbine. That happened on April 20, 1999. High school students losing their lives. I was here when babies were killed in Newtown, Connecticut, on December 12, 2012. I was here in the United States Congress each moment we tried to pass sensible gun legislation like H.R. 8.
Mr. Speaker, I thank Chairman Thompson for his leadership and Chairman Nadler.
On February 14, 2018 I was here for Parkland and looked at these photographs. And as well I was here on May 18 when in San Jose, Texas, people died. It is time to pass H.R. 8. Stop seeing our children die.
Mr. Speaker, I rise in strong support of H.R. 8, the ``Bipartisan Background Checks Act of 2021'' and H.R. 1446, the ``Enhanced Background Check Act of 2021,'' which would make it illegal for any person who is not a licensed firearm importer, manufacturer, or dealer to transfer a firearm to any other person who is not so licensed without a background check.
A 2013 study found that approximately 80 percent of all firearms acquired for criminal purposes were obtained from sources who were not required to run a background check, and that 96 percent of inmates who were not prohibited from possessing a firearm at the time they committed their crime obtained their gun this way.
This loophole exists largely because unlicensed sellers need not conduct any background check under current law, even if the seller sells a large number of guns.
Under H.R. 8, the ``Bipartisan Background Checks Act of 2021,'' individuals seeking to transfer a firearm under this measure would be required to visit a licensed firearms dealer to run the necessary background check before the transfer could be finalized.
H.R. 8 is intended to provide an accurate and speedy manner to ensure firearms do not end up in the wrong hands.
An internal assessment by the Federal Bureau of Investigation (FBI) demonstrated that NICS background checks are approximately 99.3 percent to 99.8 percent accurate, and in 90 percent of cases, are processed within 90 seconds.
I am particularly pleased that the rule reported by Rules Committee makes in order Jackson Lee Amendment No. 12 to H.R. 8, which makes clear that a gun owner who realizes that he or she is at risk of suicide may transfer the gun to someone else, if the risk is imminent, without a background check to prevent self-harm.
The Jackson Lee Amendment will help ensure that no person who is experiencing a suicidal crisis will feel compelled to retain their gun when it would be better for them to temporarily transfer it to someone else.
Mr. Speaker, the American people are demanding effective action to reduce, if not prevent altogether, the countless mass shootings and gun violence in our country that continue to claim so many innocent lives.
Newly released data from the Centers for Disease Control (CDC) and Prevention found firearm-related deaths rose for the second-straight year in 2016, largely due to spikes in gun violence.
In 2016, the new CDC report on preliminary mortality data shows that there were more than 38,000 gun-related deaths in the U.S.--4,000 more than 2015.
An Associated Press analysis of FBI data shows there were about 11,000 gun-related homicides in 2016, up from 9,600 in 2015.
Congress must act to keep our country safe through gun safety and violence deterrence.
There is nearly one mass shooting per day in the United States--355 mass shootings in 2018.
In December 2012, a gunman walked into Sandy Hook Elementary School in Newtown, Connecticut, and killed 20 children, 6 adults, and himself.
Since December 2012, there have been at least 1,518 mass shootings, with at least 1,715 people killed and 6,089 wounded.
On the night of October 1, 2017, a gunman opened fire on a large crowd of concertgoers at the Route 91 Harvest music festival on the Las Vegas Strip, leaving 58 people dead and 527 injured.
And on November 5, 2017, a mass shooting occurred at the First Baptist Church in Sutherland Springs, Texas, where the gunman, 26-year-
old Devin Patrick Kelley, killed 26 and injured 20 others.
Every day, on average, 92 Americans are victims of gun violence, resulting in more than 33,000 deaths annually.
States with higher gun ownership rates have higher gun murder rates--
as much as 114 percent higher than other States.
A recent study by the Centers for Disease Control and Prevention, looking at 30 years of homicide data, found that for every 1 percent increase in a State's gun ownership rate, there is a nearly 1 percent increase in its firearm homicide rate.
Gun death rates are generally lower in States with restrictions such as safe storage requirements or assault weapons bans.
Mass shootings stopped by armed civilians in the past 33 years: 0.
Because more than 75 percent of the weapons used in mass shootings between 1982 and 2012 were obtained legally, stronger legislation is needed to prevent guns from getting into the wrong hands.
Mr. Speaker, enhancing the gun transfer background check system has consistently garnered broad public support, as high as 92 percent, because the American people know that the status quo is simply intolerable and action must be taken to reduce gun violence by keeping dangerous persons from obtaining deadly weapons.
That begins with passing H.R. 8, the Bipartisan Background Checks Act of 2021,'' and H.R. 1446, the ``Enhanced Background Check Act of 2021,'' and I urge all members to join me in voting for its passage.
Mr. Speaker, I rise in strong support of H.R. 8, the ``Bipartisan Background Checks Act of 2021,'' and urge its quick adoption.
While the COVID-19 pandemic dominated news headlines in 2020, the number of shootings surged in many communities across America.
Our public health and emergency resources have been straining to respond to the coronavirus crisis. Budgets are being crunched nationwide. Across the country, cities and states are struggling to find the resources to simultaneously address the pandemic and rising rates of gun violence.
We must take the steps that we know will make us safer.
Because approximately 80 percent of firearms used for criminal purposes are obtained without a background check, we must strengthen our firearms background check system and close dangerous gaps, such as the online sale and gun show loopholes.
Reducing gun violence starts with making sure that individuals who may not lawfully possess guns do not get their hands on them.
Our citizens overwhelmingly support this measure, and it is critical we pass it today and enact it into law.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Utah (Mr. Owens).
Mr. OWENS. Mr. Speaker, I rise today in opposition to H.R. 8 and H.R. 1446.
In this last week I received over 1,000 emails from constituents in strong opposition to these antigun bills. Here is a sample:
``H.R. 8 will make it impossible to sell or loan guns to my relatives and trusted friends.''
``These bills appear designed to impose restrictions on natural rights guaranteed by the U.S. Constitution.''
And finally, ``Stand for our rights and oppose these measures with every tool in your grasp.''
I absolutely will fight these measures with every tool in my grasp. These rights protect my life, liberty, and property granted to me by God and cannot be taken away from me by D.C. bureaucrats.
I grew up in the Deep South at a time when Black Americans were unable to defend themselves. After the Civil War, Black Codes and Jim Crow laws prohibited people of color from owning firearms.
In the mid-1950s, Martin Luther King, Jr., kept firearms for self-
protection, but his application for a concealed weapon permit was denied because of racist gun control laws in his State.
As a child, my dad witnessed an altercation between his father and a southern White man who thought my grandfather was being disrespectful and threatened to teach him a lesson. Later that night he drove up to my grandfather's home with a bunch of his friends standing on the forerunner of a Model T Ford.
My grandfather was prepared. He and his brothers had hidden around his front porch. As these bullies and cowards approached the house, they heard the click of rifles and left just as fast as they came.
Without ever firing his gun on another human being, my grandfather's right to own a firearm ensured his rights to protect his life, liberty, and property.
I urge my colleagues to vote against these anti-Second Amendment bills.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Swalwell).
Mr. SWALWELL. Mr. Speaker, I thank Mr. Thompson for this legislation because it takes the most dangerous weapons out of the hands of the most dangerous people.
I have heard from my colleagues on the other side of the aisle about rights. Let's talk about some other rights in this country, like the right to pray in church, the right to dance at a party, the right to come home from a concert, the right to come back home safely and alive. Those are rights that matter, too.
And I am for this because I think about a mother who told me a couple years ago to keep fighting on this issue because every day when she puts her children in the car and sends them off to school, before they get out the car, she closes her eyes to remember what they were wearing because she was afraid that one day she may have to identify them.
This bill says we don't have to live that way anymore. The right to come home alive is greater than any right that is being put forward by the other side.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, we have been told that 90 percent of Americans support this bill. Well, that is because 99.99 percent of Americans have not read this bill.
And we are told, yet again, that this will save lives. And, yet, there is not one single mass killing that has been brought up here today that would have been prevented by this bill.
And yet over and over we have people come in here, usually they mean well; look, this will protect people when the fact is that they can't point to any of these mass killings they talk about that would have been prevented.
So let's talk about lives that would be saved. Think about the people that are shot every day and would their situation be different if they were not finding it so difficult to legally get a gun?
I mean, we had thousands of felony cases that came through my court, and we tried a lot of those cases. Over and over you hear, the criminals are not obeying the law. They are not going to follow the law. They got their guns illegally. And this will not change at all any of those people we tried and convicted for getting guns. They steal them. They buy them from other people that stole them. They don't obey the law. That is why they are criminals. So quit penalizing the American people.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Maryland (Mr. Raskin).
Mr. RASKIN. Mr. Speaker, Americans are 25 more times more likely to die from gun violence than people who live in other developed countries, and on that point our perpetually outraged and indignant colleagues have absolutely nothing to say.
We lose 38,000 people a year, more than 100 people a day. From Newtown, Connecticut, to El Paso, Texas, gun violence is ripping the heart out of our social contract, making life for more Americans nasty, poor, solitary, brutish; in short, a Hobbesian state of war.
H.R. 8 will close three gaping loopholes in the law; the gun shows loophole, the internet loophole, and the private sale loophole, cutting down precisely on the traffic in illegal guns, which our colleagues cite as the source of criminal gun violence.
In opposing the American Rescue Plan, they voted against science. In opposing H.R. 1, they voted against democracy. And now in opposing H.R. 8, they are voting against public safety and the social contract itself. What a moral collapse for a once-great party.
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Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Arizona (Mr. Biggs).
Mr. BIGGS. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the last 2 weeks, the majority has attacked the First Amendment, and now they are attacking the Second Amendment.
H.R. 8 will not save lives. As Justice Scalia noted in his decision in Heller, the Second Amendment does not give Americans a right; it protects a preexisting right, and that right shall not be infringed.
H.R. 8 would not have prevented recent shootings. In Parkland, the shooter acquired the firearm legally from an FFL after undergoing a NICS check. The same thing in Sutherland Springs, Texas; the same in Las Vegas, Nevada; and the same in Orlando. I could go on because the list would produce the same result. They got their guns after a background check, including in El Paso.
Criminals who seek to do harm get guns regardless of the new restrictions imposed by H.R. 8. And with very limited exceptions, H.R. 8 makes it illegal for Americans to get a gun if a nonlicensed importer, manufacturer, or dealer is not involved. How will the government know if an illegal transfer occurs? Without a registry, this bill is unenforceable.
Mr. Speaker, I have heard supporters of this bill say that other countries have similar restrictions so we should, too. I counter with the fact that other countries do not have the Second Amendment. The Second Amendment was included to ensure that the United States would be different than other countries.
Mr. Speaker, I oppose this bill, and I urge my colleagues to do the same.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Washington (Ms. Jayapal).
Ms. JAYAPAL. Mr. Speaker, I rise in strong support of H.R. 8, the Bipartisan Background Checks Act. This bill is among the most commonsense gun violence prevention reforms, requiring background checks for unlicensed sellers.
Mr. Speaker, this is not complicated. This is simple. Under H.R. 8, people who wish to transfer a firearm would have to visit a licensed firearm dealer to run a background check before the transfer could be finalized.
Most of these checks take 90 seconds, 90 seconds to prevent firearms from ending up in the wrong hands, 90 seconds to prevent more of our loved ones from being killed by gun violence.
I am proud to be from Washington State, where voters have consistently tackled gun violence with commonsense reforms, passing one of the first, most comprehensive background check laws in 2014 and raising the legal age to purchase a semiautomatic rifle to 21 in 2018.
Mr. Speaker, let's do this. To save lives, vote ``aye.''
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. McClintock).
Mr. McCLINTOCK. Mr. Speaker, H.R. 8 is brought to us by the same organizations and politicians who have made no secret of their intention ultimately to strip law-abiding citizens of their right to defend themselves. Now, they know they can't do it outright, so they do it through cynical measures like this, which weave a web of laws so intricate that, sooner or later, everyone can be caught up in them.
This law affects not only sales but any transfer of a weapon for any period of time. A couple of years ago, a 10-year study by Johns Hopkins and UC Davis concluded that California's background check law had no effect on gun homicides or suicides. None.
The purpose of this bill is not public safety. That is its deceptive facade. Its purpose is to make gun ownership so legally hazardous, so fraught with legal boobytraps and draconian penalties, that no honest and law-abiding citizen would ever want to take the risk.
Most criminals already get their guns illegally. They are unconstrained by laws like this. This bill is aimed squarely at law-
abiding citizens, moving us closer to a society where decent people are defenseless and armed criminals are kings.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Georgia (Mrs. McBath).
Mrs. McBATH. Mr. Speaker, 2 years ago, I came to Congress, and one of my first actions as a Member was cosponsoring this bipartisan legislation that will save lives.
Mr. Speaker, I know the pain of gun violence firsthand. Eight years ago, I lost my son, Jordan, a victim of a gun in the wrong hands.
With this legislation, we empower law enforcement to keep guns from those who might do harm by simply requiring a background check whenever a gun is sold. This is commonsense legislation that will prevent more families from knowing the pain of losing a loved one to gun violence.
Just like 2 years ago, our vote today is a beginning, and it is definitely not the end. In again passing this commonsense bipartisan legislation, we call on our colleagues in the Senate to do what is right to keep America's families safe.
Mr. Speaker, I am proud once again to stand in support of this legislation as a survivor of gun violence myself.
Mr. Speaker, Congress refusing to pass this vital legislation would be America's shame and burden for generations to come.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Colorado (Mrs. Boebert), the co-chair of the Second Amendment Caucus.
Mrs. BOEBERT. Mr. Speaker, I thank the ranking member, Jim Jordan, for yielding.
Mr. Speaker, I was raised in a Democrat home, so I understand how these policies are deceiving. I understand that we are told guns are scary. That is what we were told, and that is what we believed, because we trusted the people who we voted for. But just as with most things in life, I grew up and learned that there is a better way to live. I was ignorant to firearms and the proper use of them.
Mr. Speaker, when I became a business owner, I needed to protect myself. There was an altercation outside of my restaurant, where a man was physically beat to death. There were no weapons involved. He was beaten to death by another man's hands.
I have a lot of young girls who work in my restaurant, and we needed an equalizer. I am 5 feet tall. I weigh barely 100 pounds. I need something against a stronger potential aggressor to defend myself with.
Talk about women's rights. Don't take my right away to protect myself.
I mean, seriously, what are we doing here? I ask the supporters of this legislation, who do you think you are to disarm Americans and leave them vulnerable without help?
You want to defund our police and yet leave us without a way to protect ourselves.
Our Founding Fathers gave us a list of items. They said don't touch these things. And I am telling you, keep your hands off of our Second Amendment.
The SPEAKER pro tempore (Mr. Butterfield). Members are reminded to address their remarks to the Chair.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Pennsylvania (Ms. Dean).
Ms. DEAN. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I am assuming our colleague on the other side of the aisle can pass a background check, so she will have no inability to have a gun.
Mr. Speaker, I rise in support of H.R. 8, the Bipartisan Background Checks Act, because even as we manage a deadly pandemic, gun violence continues to plague our Nation.
Every year, more than 130,000 people in this Nation are victims of gun violence. Some 38,000 dead, another 100,000 caught in the crossfire. In my home region in Philadelphia, 2,244 people were victims of gun violence in the year 2020.
Mr. Speaker, death by guns doesn't mean only murders. Sadly, it also means death by suicide using a firearm, which was the case in 62 percent of Pennsylvania's gun deaths last year. This is a public health crisis.
The Bipartisan Background Checks Act requires a background check for all gun sales, no loopholes, no backdoors, a commonsense solution supported by a majority of Americans, including 89 percent of Republicans and 87 percent of gun owners.
Mr. Speaker, let's find the courage to address the crisis. Let's save lives. Let's pass the bill.
Mr. JORDAN. Mr. Speaker, the previous speaker talked about the increase in violent crime in her neighborhood last year. Maybe if Democrats actively supported our police and not supported defund the police, maybe that wouldn't be the case.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Arizona
(Mrs. Lesko).
Mrs. LESKO. Mr. Speaker, I thank the gentleman, Mr. Jordan, for yielding. Mr. Speaker, I rise in opposition to this bill.
H.R. 8 is an assault on our Second Amendment right to keep and bear arms. The bill turns law-abiding citizens into criminals by subjecting them to criminal penalties for simply lending a friend or a neighbor a gun on a temporary basis.
Additionally, the bill would inevitably lead to a national gun registry because, without a registry, the government has no way to implement this legislation. This bill is certainly a slippery slope.
Most alarmingly, this bill does nothing, absolutely nothing, to stop criminals from obtaining firearms. According to the Department of Justice, less than 1 percent of criminals in prison who possessed a firearm during their offense obtained the firearm from a licensed dealer, meaning criminals would still have access to firearms under this law.
Mr. Speaker, this bill is just the first of many steps to take away our Second Amendment rights. I urge my colleagues to vote against this bill.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Colorado (Mr. Neguse).
Mr. NEGUSE. Mr. Speaker, I thank the chair for yielding.
Mr. Speaker, I rise today for the more than 100,000 Americans who every year are impacted by gun violence, and I rise today to give voice to the overwhelming majority of the American people who support universal background checks.
Communities in Colorado have experienced the tragedy and the grief of gun violence far too many times--Columbine, Aurora, Highlands Ranch.
Mr. Speaker, enough is enough. We have lost too many parents, friends, neighbors, students, and children to gun violence.
This Congress must act, which is why I support H.R. 8. We must act on gun violence. We must pass H.R. 8, and we must send it to President Biden's desk.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Cline).
Mr. CLINE. Mr. Speaker, enough is enough, which is why I rise in strong opposition to H.R. 8 and to offer a motion to recommit the bill.
This bill is nothing more than a coordinated effort by the authoritarian left to strip away the constitutional rights guaranteed to Americans by the Second Amendment.
Instead of criminalizing the innocent actions of law-abiding gun owners, American citizens, we should be focused on stopping real crime in our local communities and enforcing the laws that are already on the books.
One way we can do that is by ensuring that ICE is notified when unlawful aliens attempt to purchase a firearm illegally. The FBI reported just last month that NICS had over 10 million people listed as an illegal alien. In fact, this ranks as the number one prohibited category in the FBI's NICS Indices.
Since 1998, over 28,000 illegal aliens have been denied a firearm after failing a NICS check. With over 2,700 in 2019 alone, this means over 28,000 criminals have been allowed to stay in the United States when ICE should have been alerted about their criminal act but were not.
Mr. Speaker, H.R. 8 fails to do anything to prevent crime, which is why I am offering this motion to recommit, so our Nation's laws are enforced. And if you will recall, this MTR passed in 2019 with a strong bipartisan majority.
Mr. Speaker, if we adopt the motion to recommit, we will instruct the Committee on the Judiciary to consider my amendment to H.R. 8 to ensure that the FBI alerts ICE anytime an illegal alien is denied a firearm because of NICS.
Mr. Speaker, I ask unanimous consent to insert the text of my amendment in the Record immediately prior to the vote on the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Massachusetts (Ms. Clark).
Ms. CLARK of Massachusetts. Mr. Speaker, in 2016, after the tragic Pulse nightclub shooting, I, with my colleagues, sat in protest on this very floor with our friend, the late Congressman John Lewis. On that day, Congressman Lewis told us: ``We have turned deaf ears to the blood of the innocent and the concern of our Nation. We are blind to a crisis.''
Mr. Speaker, nearly 5 years later, we have endured thousands of mass shootings. We have mourned the loss of 100 people every single day to suicide and homicide with guns.
Today's vote will improve the safety of our schools, our communities, and our streets. It is a vote for kids, parents, veterans, and our neighbors. I stand here today thinking of the many survivors and families who have been waiting for this moment, and I think of my friend, John, who told us to always speak out for the voiceless and act boldly for justice.
Today, with this bill, we will do just that.
{time} 1500
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from Georgia (Mr. Clyde).
Mr. CLYDE. Mr. Speaker, I rise to stand against H.R. 8.
This bill would make it a crime to transfer a firearm from one individual to another without a Federal firearms licensee overseeing the transfer and conducting a background check on the prospective buyer. While there are limited exceptions to this bill, in this bill it does nothing to address how violent criminals actually obtain firearms, nor does the bill make it harder for them to obtain a firearm. That is because criminals don't follow the law. That is why they are called criminals.
So by making these types of changes to the law, the bill does nothing to prohibit guns from ending up in the hands of criminals. Instead, it does everything possible to make it harder for law-abiding citizens to exercise their Second Amendment rights.
Mr. Speaker, I urge a ``no'' vote on H.R. 8.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from Massachusetts (Mrs. Trahan).
Mrs. TRAHAN. Mr. Speaker, there is a rampaging public health emergency that has been with us for far too long. And there have been countless chilling examples of what happens when we fail to act, or only take half measures, anodyne placebos. Each time, more lives are lost.
Moreover, we have seen a particular community unjustly suffer scorn for this emergency. They have been scapegoated rather than recognized as the fellow victims of this crisis. But there is no question that the harms of this crisis haven't fallen evenly, and the disparate harm offers all the more reason for actual solutions, not mere talk. By now, my colleagues know that I am not talking about COVID. I am referring to gun violence.
Today, the most commonsense, broadly popular, and impactful thing that we can do is pass H.R. 8, and bolster our pitifully weak background check system in the United States. Keeping deadly weapons out of the hands of those fueled by hate is as common sense as it gets.
Mr. Speaker, I urge my colleagues to vote for H.R. 8.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Roy).
Mr. ROY. Mr. Speaker, I thank the gentleman from Ohio for yielding.
Mr. Speaker, right now in south Texas there are American citizens whose lives are in danger because of wide open borders as a direct result of Biden's border crisis and the policies of the Democratic leadership of this body and the Senate. American citizens are unsafe. I am not making that up.
For the last 2 years, I have heard my Democratic colleagues talking about a fake crisis at our border. There is nothing fake about 100,000 people coming across our border; or high-speed chases through Uvalde, Texas; or high-speed chases in Real County, which I represent. There is nothing fake about break-ins putting lives in danger.
People own ranches, and now my Democratic colleagues, after defunding the police and opening up our borders, want to take away our God-given right--yes, God-given right--to defend ourselves under the Second Amendment. That is what this is about. This is about creating a gun registry to track guns of the American people. There is no way to implement what the Democrats are trying to implement without doing that.
I can just tell you straight up, Texans, Americans, the Government is never going to know what weapons I own. Let me be clear about that. It is not going to happen. We have a God-given right to defend our families, defend our State, and defend ourselves against tyranny; and we will do that regardless of the errant policies that this Democratic Congress is trying to jam through.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Illinois (Ms. Kelly).
Ms. KELLY of Illinois. Mr. Speaker, soon we will take a bipartisan vote on the Background Checks Act, a bill which could save lives in every district of our Nation. Expanding background checks will help prevent guns from getting into the hands of those who may be a danger to themselves or others. This is a simple commonsense solution to a worsening problem in our Nation.
Even in 2020, when many people were at home during the raging COVID-
19 pandemic, we lost more than 41,000 people to gun violence. That number includes nearly 300 children under the age of 11. My heart breaks for their parents. But heartbreak will do little to comfort those mourning families, and we know well enough by now it will do nothing to prevent any future tragedies.
It is time for us to step up to say enough is enough. It is time for our families to be able to play in the park, drive a car on the expressway, or on a bus, or other things we take for granted without fear of gun violence. We need to pass legislation that will save precious lives.
I ask: How many funerals have you attended?
Mr. Speaker, I urge my colleagues to vote in favor of H.R. 8, expand background checks, and make our Nation safer.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from North Carolina (Mr. Murphy).
Mr. MURPHY of North Carolina. Mr. Speaker, I thank the gentleman from Ohio for yielding.
Mr. Speaker, I rise today in opposition to H.R. 8 as well as H.R. 1446.
There is not a single Member in this Chamber who does not mourn the innocent lives lost to gun violence, but I solemnly believe that my Democratic colleagues lack a fundamental understanding of this issue.
I have worked as a surgeon who has done pelvic trauma for close to 30 years. In fact, I will submit that I am the only Member of this Chamber who has ever operated on a gunshot victim. The infinite majority of gunshot victims are shot by criminals who have obtained their guns illegally. They did not apply for permits. They are not a member of the NRA. They are criminals. These bills would do nothing to keep the guns out of their hands.
In all my years as a surgeon, I have yet to see a gun jump up by itself and injure someone. It is either from a crime, a mental illness, or tragically from an accident. Where I live in eastern North Carolina, it is certainly different from New York City, the gun haven of Chicago, or Oakland, but we still have our share of drug-related and gang-
related crime.
On the other hand, we have a lot of wilderness that people back home, adults and children, still enjoy hunting. These law-abiding citizens should not have their rights trampled upon. We are all saddened by the loss of life from mass shootings, but, Mr. Speaker, the issue is not the gun itself, but the mental illness borne by the gun holder. A mentally stable person does not shoot innocent people.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. JORDAN. Mr. Speaker, I yield the gentleman from North Carolina
(Mr. Murphy) an additional 30 seconds.
Mr. MURPHY of North Carolina. Mr. Speaker, H.R. 8 and H.R. 1446 absurdly hamper people's ability to exercise their constitutional right to defend themselves. This sort of broad government overreach does not save lives, but treats everyday law-abiding citizens like criminals.
Mr. Speaker, I urge my colleagues to vote ``no'' on these bills. We should not support bills that place the rights of violent criminals above those law-abiding American citizens.
Mr. NADLER. Mr. Speaker, how much time remains?
The SPEAKER pro tempore. The gentleman from New York has 11\1/2\ minutes remaining, and the gentleman from Ohio has 10 minutes remaining.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Levin).
Mr. LEVIN of California. Mr. Speaker, I rise today as a proud cosponsor of H.R. 8, the Bipartisan Background Checks Act.
This legislation has one simple goal: keep guns out of the hands of people who are dangerous.
More than 90 percent of the American people support universal background checks on every firearm sale or transfer, and that is what this bill does.
Our constituents expect us to find common ground to finally end the gun violence epidemic in this country. They expect us to pass this bipartisan bill. The era of offering only thoughts and prayers is over. It is over. The American people demand action. H.R. 8 is the action they are calling for.
Mr. Speaker, I urge my colleagues to stand with the American people and vote ``yes.'' Let's get this done.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from North Carolina (Mr. Budd).
Mr. BUDD. Mr. Speaker, I thank my friend from Ohio for yielding.
Mr. Speaker, the fundamental truth is that the Second Amendment guarantees the right of law-abiding citizens to keep and bear arms to protect themselves and their loved ones.
America's Founders spoke on this issue extensively. Benjamin Franklin warned that those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. Benjamin Franklin was right. The American tradition of self-reliance, self-
determination, and self-defense has been fierce. It has been what makes this country so exceptional and so great.
Today, the House will vote on legislation that would undermine that very right. What is worse is that both of these bills would not have prevented mass shootings or tragedies across this Nation. Those are awful events. We all agree that those events are awful. But in those cases, the criminal either passed a background check or they stole their weapons.
We cannot sacrifice our rights by passing laws that will make our families less safe and laws that criminals will simply ignore. We must always protect and preserve our God-given Second Amendment right.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, I thank my friend for yielding.
Mr. Speaker, I will remind my friend on the other side of the aisle, the God-given right every one of us has, according to the Declaration of Independence, is life, and that is what we are arguing about here today.
Are we going to take protective measures that save lives?
This bill does that. I talk about the ABCs of gun control. A, reinstate the Assault Weapons Ban; B, universal background checks; and C, closing the gun show loophole.
Those three practical measures will save lives. And because I support ABC, I get an F every year from the NRA, and I am proud of that grade every year.
Point of Order
Mr. BUDD. Mr. Speaker, point of order. I would request that the colleague from Virginia direct his remarks to you and not to other colleagues.
The SPEAKER pro tempore. The Chair reminds all Members to address their remarks to the Chair.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Ohio (Mr. Chabot).
Mr. CHABOT. Mr. Speaker, it is no secret that I have been a committed defender of the Second Amendment since being elected to Congress back in 1994. For me, that means that I will do everything that I possibly can to ensure that the rights of Americans, as they relate to the Second Amendment, are protected, while at the same time working to keep firearms out of the hands of criminals and mentally unstable individuals.
H.R. 8, unfortunately, doesn't accomplish either of those goals. It is overburdensome, unreasonable, and, if passed, would instead keep firearms out of the hands of some hardworking and law-abiding citizens.
Yesterday, at the Rules Committee, I offered an amendment which would allow for the transfer of a firearm to museums or historical displays without going through the burdensome requirements of this measure, but that eminently reasonable amendment and others offered by my colleagues were flatly rejected by the majority.
During this afternoon's debate, we have again expressed several concerns which will not be addressed or considered by the majority. Instead of focusing on improving the National Instant Criminal Background Checks System, or NICS, providing resources to assist those with mental illnesses or hardening soft targets like schools and places of worship, the majority will pass this legislation and attempt to further infringe on the Second Amendment rights of our constituents. That is very, very unfortunate.
Mr. Speaker, for those reasons, I stand in opposition to this deeply flawed legislation.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from Florida (Ms. Wasserman Schultz).
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise as both a mom and a Member of Congress in strong support of H.R. 8.
Last month, my community marked the 3-year anniversary of the Marjory Stoneman Douglas shooting that stole 17 innocent lives.
The anxiety and terror that came that day has never left us. Yet, too many communities witness horrific gun violence every day. Commonsense reform can end this agony and keep us safer mainly by requiring background checks for gun sales. Yet, loopholes allow up to 80 percent of firearms to be sold without background checks.
{time} 1515
We must mandate universal background checks for firearm sales by passing H.R. 8 and then pass Jaime's Law, my legislation that expands that same mandate to ammunition purchases.
The pandemic made gun proliferation worse, and inaction is not an option. We must do all we can to ensure guns and bullets don't end up in the wrong hands.
Mr. Speaker, the outliers on this issue are Republicans whose fealty to the NRA results in more people dying from gun violence. Enough is enough.
Mr. JORDAN. I reserve the balance of my time, Mr. Speaker.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Speaker, this morning I walked by an elementary school, and I saw parents dropping off their kids. I thought of parents around the country sending their kids back to school after months of virtual learning. They want their children to be safe.
But it has been 8 years after Sandy Hook and 3 years after the shooting at Marjory Stoneman Douglas High School in my district, we should be ashamed that we have waited so long and wasted so much time when we could be saving lives.
We cannot have safe communities until we fix the crumbling foundation of our gun laws. That is the background check system. Universal background checks will help keep guns out of dangerous hands. They will save lives in our schools, they will save lives in our homes, and they will save lives on our streets.
Mr. Speaker, I urge my colleagues to stand with survivors, with gun owners, and with Americans of both Democratic and Republican Parties who support universal background checks by voting to pass H.R. 8.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, this bill simply requires that the background check for a purchase that occurs within a gun shop applies outside a gun shop. That doesn't take away anyone's right, but it does protect us from convicted criminals, fugitives, and family abusers who are prevented from evading the law to buy a weapon of war online or at a gun show. Texas Gun Sense knows the gap in safety makes no sense.
Unfortunately, NRA has come to stand for ``No Republican Action.'' They offer us only moments of silence for mass murder, but they always come up short with one very important type of ammunition--courage. Students in March for Our Lives have that courage. Moms Demand Action are steadfast in demanding meaningful action.
As these gun lobbies continue to oppose reasonable action, we must speak up for gun safety. We must listen to the victims of violence before their number is increased by another El Paso shooting, another school shooting, or another concert interrupted by gunfire.
We must act now to save lives.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from Kentucky (Mr. Massie).
Mr. MASSIE. Mr. Speaker, I have a brief point to make. I wonder how my colleagues on the other side of the aisle hold two thoughts in contradiction simultaneously in their minds. They say that photo IDs and excessive registration paperwork and whatnot disenfranchises disproportionately minorities and the poor when they go to exercise their right to vote. But today with H.R. 8 and the next bill that is coming up, they are doing exactly that. They are causing there to be increased fees, increased paperwork, and more photo IDs.
How does that not disenfranchise not just all Americans but disproportionately minorities and the poor?
Mr. Speaker, I leave that to my colleagues to answer today.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from New York (Mr. Bowman).
Mr. BOWMAN. Mr. Speaker, I have had the privilege of working in public education for 20 years. I started my career in 1999. That was the same year of the Columbine High School shooting. Throughout my career, unfortunately, we have had to continually deal with school shootings.
In our schools we have to prepare children as young as 4 years old for the possibility of a school shooting. We have Columbine, we have Parkland, we have Virginia Tech, and we have Sandy Hook.
I thought 9 years ago when Sandy Hood occurred that the country would stop, pause, and reflect on what is happening in our Nation. It was a mass shooting of our 6-year-old children--our babies. This law will begin the process of protecting our most vulnerable and protecting our babies.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, it is an honor for me to be here today with my colleagues, Mr. Thompson and Mrs. McBath.
Mr. Speaker, Lucy's courage is an inspiration to me.
This has been a priority for me in the quarter century I have been in Congress. I have supported every single reform that has advanced. But we have a change today because we have never had in 10 years the alignment with a House leadership and a Senate leadership that will not bury it and a President who will enthusiastically sign it into law.
This is a landmark legislation that many of us have been working on literally for decades, and this is one more example of what difference it makes to have Democrats in charge and being able to advance meaningful gun safety.
Mr. Speaker, I thank my colleagues for their hard work, and I am proud to stand with them.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, may I ask how much time remains.
The SPEAKER pro tempore. The gentleman from New York has 4\1/2\ minutes remaining. The gentleman from Ohio has 6\1/2\ minutes remaining.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from New York (Mr. Jeffries).
Mr. JEFFRIES. Mr. Speaker, I thank the distinguished chair for yielding.
Mr. Speaker, the right to bear arms is an important part of the constitutional fabric of this country, but it is not without limits. And the notion that America has 4 percent of the world's population but 40 percent of the world's guns and a disproportionately high amount of homicides and suicides by guns should shock the conscience of every single person in this Chamber.
Mass shooting after mass shooting after mass shooting, and yet we haven't acted to protect the health, safety, and well-being of the American people.
That is why H.R. 8 is so significant. Universal criminal background check legislation is reasonable under the circumstances given the tragedies that we confront.
House Democrats will not just talk about it. We are about it. That is why we will pass H.R. 8, and now we have a Senate and a President who will ultimately get it over the finish line. Vote ``yes'' on this lifesaving legislation.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Texas (Ms. Van Duyne).
Ms. VAN DUYNE. Mr. Speaker, I rise in opposition to the legislation we are considering today.
In cities across America, violent crime has increased; and in cities across America, laws already exist to severely punish violent criminals. But despite this, we are seeing local elected officials, district attorneys, and prosecutors refuse to enforce existing laws and police who are continuously held back from doing their jobs.
Instead of offering real solutions to improve public safety, it seems the majority is determined to punish law-abiding citizens while doing nothing to actually close loopholes in the system.
If the bills we are considering were really stopping gun crimes and violent offenders from owning guns, then my amendment would be one we are discussing today, to prevent minors aged 15 to 17 who have committed violent crimes from having their records expunged and thereby able to purchase a firearm.
But rather than take up my amendment to prevent felons from sidestepping our laws, the majority felt it more critical for public safety to expand background checks to ranchers and farmers with pest control issues. This is absurd.
Nothing in H.R. 1446 or H.R. 8 would prevent those seeking to harm others from acquiring firearms. The people of my district deserve better than this, which is why I will be introducing legislation that will actually prevent violent criminals from clearing their record.
Mr. Speaker, I urge my colleagues to oppose this bill and side with law-abiding Americans and side with those of us who want to take guns out of the hands of violent criminals.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Illinois (Mr. Garcia).
Mr. GARCIA of Illinois. Mr. Speaker, I thank Chair Nadler and my colleagues for their leadership on this issue.
Mr. Speaker, I rise today in strong support of H.R. 8 and H.R. 1446, two gun violence protection bills that would help keep our communities safe.
Mr. Speaker, I am from Chicago, and we are no strangers to gun violence. In 2020 alone the city recorded 3,261 shootings and 769 murders.
Some of my colleagues might point out that Illinois has some of the strictest gun laws in the country. That is true. But studies tracking the guns show that guns often come from neighboring States with weaker gun laws. People drive one or two States over, and they come back with deadly weapons.
The reality is that State laws aren't enough. We need stronger Federal laws, too.
Mr. Speaker, I urge my colleagues to pass these critical laws that have bipartisan support among voters across the country that would help keep guns off the streets.
Mr. JORDAN. Mr. Speaker, the previous speaker talked about Chicago's strictest gun laws in the country, but yet there was a record number of shootings and crime last year.
What could be the cause of that?
Maybe it is the fact they defunded their police, something we have talked about now, well, since the Democrats started doing it.
Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Speaker, one more time we see people uncomfortable with our Constitution. Our forefathers gave us the right to bear arms because they wanted law-abiding people to have the right to defend themselves.
Until Ferguson and the rise of the antipolice movement about 5 years ago, the murder rate in this country fell by over one-half between the early 1990s and around 2014.
What happened at that time?
We whipped up some antipolice hysteria, and since that time things have gone wildly up. Now the majority party introduces a cache of bills designed to make it more difficult for law-abiding people to access a weapon while not having any impact on people who wouldn't obey the laws anyway.
They don't like the idea of private transfers. They don't like the idea of being able to get a gun in less than 10 days. They don't like the idea that if the government doesn't give the proper information over--well, apparently, they like the idea that they want to keep people from getting guns if the government, for whatever reason, is slow in turning things over.
In any event, let's go back to the things that worked for 25 years before the rise of the antipolice movement if we really want to see improvement.
Mr. NADLER. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Speaker, I thank my good friend from Ohio for yielding.
Mr. Speaker, once again, Democratic leadership is proposing legislation that would do nothing to prevent criminals from accessing firearms while greatly restricting the Second Amendment rights of law-
abiding citizens.
These bills are being sold to the public as an effort to pass universal background checks. But House Democrats fail to recognize that every commercial gun sale in the United States already has a background check.
Mr. Speaker, ending gun violence in America is a goal we all share, but H.R. 8 will subject law-abiding gun owners to criminal penalties for simply handing a firearm to another person.
For instance, if you loaned a friend a rifle to go hunting, they could face a year in prison or a $100,000 fine. This is simply ridiculous.
The same would be true, Mr. Speaker, if you loaned an abuse victim a firearm for self-defense. H.R. 1446 would create arbitrary delays for firearm purchases and could allow the FBI to delay a firearm transfer indefinitely.
These bills would do nothing to keep Americans safer and, in fact, threaten the public safety and our constitutional right to bear arms.
{time} 1530
Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Gooden).
Mr. GOODEN of Texas. Mr. Speaker, in what alternative reality does it make sense for this Congress to take away people's rights to defend themselves and, at the same time, defund the police? That makes no sense.
What we have seen in the last few days and the last week in this Congress is an effort to punish the law-abiders in this Nation. We have to stop doing this.
If we take away guns from law-abiding citizens, we are doing nothing to reduce crime. Look at Chicago. The law-abiding citizens there do not live in a safe environment. They are able to follow these procedures that you are passing, but it is not going to do anything to stop the violence.
We have to get away from this. We have to stop these laws that do not represent the will of the American people.
Let's stop punishing the law-abiding citizens of the United States and get back to what they sent us here to do.
Mr. JORDAN. Mr. Speaker, can I inquire how much time we have remaining?
The SPEAKER pro tempore. The gentleman from Ohio has 1\1/2\ minutes remaining. The gentleman from New York has 2\1/2\ minutes remaining.
Mr. NADLER. Mr. Speaker, I am prepared to close. I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield the balance of my time to the gentleman from Florida (Mr. Donalds).
Mr. DONALDS. Mr. Speaker, gun crime in the United States is a tragedy for us all. I heard the talk about Sandy Hook, about Columbine, and, yes, about Parkland, which happened in my State. It is a tragedy that we all face.
But the one thing, Mr. Speaker, we all have to remember is that, in each one of these instances, the person who acquired the firearm that committed this tragedy acquired it lawfully, or they stole the weapons from somebody else. This bill would not change any of those tragedies.
If anything, what this bill does, it puts more burden on law-abiding Americans and does whittle away and strip their constitutional right to bear arms. You see, the issue is much more about mental health than it is about the ability to acquire firearms.
For this body to unilaterally make it significantly more difficult for a law-abiding citizen to acquire a firearm, which is their constitutional, God-given right, is this body acting outside of its authority under the United States Constitution.
Mr. Speaker, in short, this bill will not fix the tragedies that we face. Unfortunately, laws don't fix most of the tragedies that we face as Americans. What fixes them is dealing with the human condition that, unfortunately, inhabits people in our country. We should be working on that, not stripping the constitutional rights from our fellow citizens.
Mr. JORDAN. Mr. Speaker, I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, since the House passed H.R. 8 more than 2 years ago, an estimated 80,000 people have lost their lives to gun violence. We have had too many moments of silence and too many expressions of sympathy. Too many families are grieving the loss of a loved one.
Expanding background checks is overwhelmingly supported by the American public because they know that it will make a meaningful difference in reducing gun violence and saving lives. It is time to enact this important legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. WILLIAMS of Georgia. Mr. Speaker, I rise today in support of H.R. 8, the Bipartisan Background Checks Act of 2021. This common-sense legislation would save lives in every state, every congressional district, and every community, by preventing guns from being sold to people who are dangers to themselves or others.
If this is truly ``The People's House'' then we MUST pass H.R. 8 for the safety and protection of all people. Enough is enough. Too many times innocent lives have been lost to guns in the hands of people wishing to do harm. That's why 93 percent of Americans support requiring universal background checks on all gun sales. The people know: background checks work.
By preventing guns from falling into the hands of people with mental illness or criminal history. Last year was a particularly tragic year for the Fifth District, with 177 lives ended at the barrel of a gun. My heart breaks knowing there have already been 25 gun-related deaths in my District this year. As I speak today, I am remembering Kennedy Maxie. A sweet, seven-year-old Black girl shot and killed in Atlanta while Christmas shopping with her family last December. She was an innocent victim, killed by someone who had no business with a gun.
The tragedies are too many, and the gun violence too frequent. It's past time we did something.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part C of House Report 117-10 not earlier considered as part of amendments en bloc pursuant to section 6 of House Resolution 188, shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
It shall be in order at any time after debate for the chair of the Committee on the Judiciary or his designee to offer amendments en bloc consisting of further amendments printed in part C of House Report 117-
10, not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
The Chair understands that amendments Nos. 1 and 2 will not be offered; is that correct?
Mr. NADLER. Mr. Speaker, that is correct.
Amendments En Bloc Offered by Mr. Nadler of New York
Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 3, 4, 5, 6 and 8, printed in part C of House Report 117-10, offered by Mr. Nadler of New York:
amendment no. 3 offered by mr. crow of colorado
Page 4, line 17, insert ``pest control on a farm or ranch,'' before ``or fishing''.
Page 4, line 25, insert ``pest control on a farm or ranch,'' before ``or fishing''.
amendment no. 4 offered by ms. garcia of texas
Page 5, line 11, strike the close quotation marks and the following period.
Page 5, after line 11, insert the following:
``(4) The Attorney General shall make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check under subsection (t) and this subsection, and the notice and form required under paragraph (3) of this subsection.''.
amendment no. 5 offered by ms. jackson lee of texas
Page 4, line 1, after ``including'' insert ``harm to self, and''.
amendment no. 6 offered by mr. lamb of pennsylvania
Page 3, line 7, after ``transfer'' insert ``or exchange
(which, for purposes of this subsection, means an in-kind transfer of a firearm of the same type or value)''.
amendment no. 8 offered by mr. torres of new york
Page 1, line 9, insert ``purchase or'' before
``possession''.
The SPEAKER pro tempore. Pursuant to House Resolution 188, the gentleman from New York (Mr. Nadler) and the gentleman from Ohio (Mr. Jordan) each will control 10 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Mr. Speaker, I yield myself 45 seconds.
Mr. Speaker, this en bloc amendment includes several amendments that strengthen the bill and that thoughtfully modify it to account for practical considerations surrounding the use and misuse of firearms.
Among this group are a provision that clarifies the exchange of firearms between family members, a measure to protect more expansive State firearm laws, an amendment that would ensure ATF background check forms are available in Spanish, and a proposal that would allow for temporary transfers for pest control.
Representative Jackson Lee's amendment concerning suicide is particularly important as it highlights the tragic consequences that access to firearms can have on those who intend to harm themselves.
Mr. Speaker, I urge my colleagues to vote in favor of the en bloc amendment, and I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Pfluger).
Mr. PFLUGER. Mr. Speaker, I rise today as a Texan, a constitutional conservative, and in strong opposition not only to the amendments but to H.R. 8, a bill that would impose so-called universal background checks and gut the Second Amendment rights of law-abiding gun owners throughout this country.
We all mourn the loss of innocent lives from gun violence that has happened in my district and in those around the country. No family should ever have to endure such tragic and terrible unnecessary loss.
But the truth is that this legislation does nothing to address the root causes of gun violence and may do little to actually prevent criminals from obtaining guns, as has previously been said during this debate.
What will be prevented, though? Your ability to lend your neighbor a firearm if there are reports of break-ins; the ability of your suicidal friend or family member to ask you to remove their firearms from their home; or if a colleague comes to you and says that they are trapped in an abusive relationship and scared for their life, you could face a
$100,000 fine or prison time for lending out your gun for self-defense.
If we are going to effect real change, we don't need to tack additional restrictions on law-abiding citizens. We need to look at the root causes and have a transparent and open debate here to talk about mental health and the proper enforcement of laws that we already have.
This is yet another example of Federal overreach, another example of the erosion of our rights, and a slippery slope that will strip all Americans of our Second Amendment rights as outlined in the Constitution.
Mr. Speaker, I urge my colleagues to vote ``no'' on the amendment and the bill.
Ms. JACKSON LEE. Mr. Speaker, I yield myself 1 minute.
As indicated, the Jackson Lee amendment is a simple, important, and straightforward amendment, and it is, frankly, to save lives.
Specifically, the amendment makes clear that a gun owner who realizes that he or she is at risk of suicide may transfer the gun to someone else if the risk is imminent, without a background check, to prevent self-harm.
This amendment will help ensure that no person who is experiencing a suicidal crisis will feel compelled to retain their gun when it would be better for them to temporarily transfer it to someone else.
Contrary to what my friends on the other side have said, H.R. 8 does already exempt from the requirement of a background check ``a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse.''
This amendment, however, clarifies that this last option is available to someone who is at risk for suicide.
I ask my colleagues to support the Jackson Lee amendment to protect those who may be a danger to themselves.
Mr. Speaker, I rise in support of Jackson Lee Amendment No. 9 included in the Chairman En Bloc Amendment to H.R. 8, the ``Bipartisan Background Checks Act of 2021,'' which would require a background check on every gun sale or transfer with limited exceptions, such as gifts to family members and transfers for hunting, target shooting, and self-
defense.
The Jackson Lee Amendment No. 9 makes a simple common-sense improvement to the bill.
Specifically, the amendment makes clear that a gun owner who realizes that he or she is at risk of suicide may transfer the gun to someone else, if the risk is imminent, without a background check to prevent self-harm.
This amendment will help ensure that no person who is experiencing a suicidal crisis will feel compelled to retain their gun when it would be better for them to temporarily transfer it to someone else.
H.R. 8 already exempts from the requirement of a background check ``a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse.''
A gun owner who realizes that they are at risk of suicide would have several options under this bill.
They may loan the gun to a family member pursuant to the family member exception.
They may ask a gun dealer to store the gun temporarily.
And if the risk is imminent, they may transfer it to someone else, pursuant to this exception.
This amendment clarifies that this last option is available to someone who is at risk for suicide.
As Chair of the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, I urge all members to join me in supporting Jackson Lee Amendment No. 9 by voting for the En Bloc Amendment to H.R. 8, the Bipartisan Background Checks Act of 2021.
Mr. Speaker, H.R. 8 is a strong bill to expand the federal firearms background check requirement as our citizens have demanded. To make the bill even stronger, I offer an amendment that will help save even more lives.
My amendment would make clear that a gun owner who realizes that he or she is at risk of suicide may transfer the gun to someone else, without a background check--if the risk is imminent to prevent self-
harm.
The largest number of gun deaths each year are suicides. Studies have shown that the prevalence of suicide in the United States is directly linked to the easy availability of guns.
Roughly sixty percent of gun deaths are suicides. Tragically, an average of 63 people, die by gun suicide every day in the U.S.
The notion that suicides are inevitable, that people will just find another way, is wrong.
Suicide attempts are often impulsive acts, and forty-eight percent of people harm themselves within 10 minutes of deciding to attempt suicide. Seventy-one percent do so within one hour.
But those who reach for a gun during suicidal crises rarely have a second chance. Eighty-four percent of suicide attempts with a firearm are fatal. Think about this sad fact.
Temporarily reducing access to guns significantly increases the likelihood of surviving a suicide attempt.
That is why I urge my colleagues to vote in favor of the bloc of amendments that includes my proposed revision to H.R. 8.
Mr. Speaker, I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Perry).
Mr. PERRY. Mr. Speaker, just yesterday afternoon at 3 o'clock in Atlanta, an armed robber walked into Chick-fil-A to rob the place.
Now, think about that. You are in there with your children, getting a meal in the middle of the day, and somebody comes in with a gun, puts your life at risk. Everybody in the place is at risk.
Did that guy get a background check to get his firearm? We don't know yet, but odds are he didn't because most of these crimes that are committed with a gun are with people who don't--guess what? I have a news flash--they don't follow the law.
Robbing the Chick-fil-A at 3 o'clock in the afternoon in Atlanta is not in accordance with the law. But I will tell you what happened. An armed citizen stopped the robbery using his firearm, a legally obtained firearm, and saved everybody in the place.
Do you know who is happy? The people in the Chick-fil-A are happy that the guy who bought the gun legally was there to save them and their children. That is who is happy.
This legislation, Mr. Speaker, disarms that person who operated his firearm legally. That is what this legislation does. It disarms America. It says to the criminal: Keep on not abiding by the law. You got your weapon illegally. You are going to keep doing it.
It doesn't stop them from doing anything. What it does do is it stops the guy who is going to get his firearm legally and end the crime in his community. That is who it stops.
No charges are pending on that individual in Atlanta who stopped that crime. No charges are pending. He followed the law.
This bill, Mr. Speaker, seeks to punish people who want to follow the law, and that is what is going to happen.
Do you know what is going to happen when we do this? There are going to be more crimes. There are going to be more unauthorized weapons out there, and there are going to be less people out there defending themselves and our community. That is what is happening.
Mr. Speaker, I urge a ``no'' vote on this.
Ms. JACKSON LEE. Mr. Speaker, I am delighted to yield 1 minute to the distinguished gentleman from California (Mr. Thompson), the chairman of our task force.
Mr. THOMPSON of California. Mr. Speaker, that is nonsense. What was just said on the floor is not accurate.
The only thing this bill does is require a background check. If someone has legally purchased a firearm and passed a background check, nobody is going to take that gun away from them. They legally purchased it. They passed the background check.
To come out with that kind of nonsense, that type of scare tactic, is not complementary to the decorum of this House, and it does not speak to this bill.
{time} 1545
Mr. JORDAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think part of the point of the gentleman from Pennsylvania was this system is a mess. Over 110,000 people were denied access to a firearm when they went through the background check, but only 12 were prosecuted. Mr. Massie led off our debate by talking about this one. That tells you one or two things.
I think the main takeaway is, how many people were falsely denied? Or if they weren't, why weren't more people prosecuted?
If the focus is to make sure the bad guy doesn't get the gun, holy cow, over 110,000 were denied access to a firearm, not given a clearance. Yet only 12 prosecuted?
If you guys want to work with us on that issue, we are happy to do that. In fact, we have supported that and talked about that, but you don't want to do that.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Garcia), a member of the Judiciary Committee.
Ms. GARCIA of Texas. Mr. Speaker, I rise in strong support of H.R. 8, the Bipartisan Background Checks Act.
Mr. Speaker, I grew up on a farm. I was taught at an early age how to handle a .22 and shotgun. We used them for hunting, to put food on the table.
But this bill is just simply a background check for every gun sale or transfer, with commonsense exceptions. As the previous speaker noted, this has nothing to do with keeping someone who legally obtained a gun from getting one.
When my niece got her first buck over the holidays at the family farm, my brother-in-law gave her his favorite shotgun as a present. They were all so excited. That would be exempted from any paperwork, and that just makes sense.
My amendment also makes sense. It simply codifies the practice of ensuring that the background check forms and notifications used to purchase or transfer a firearm remain available in Spanish, as well as in English.
Our country is blessed with a diverse population. Language diversity is part of that diversity that we should celebrate.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentleman from Florida (Mr. Crist).
Mr. CRIST. Mr. Speaker, I rise in support of the Bipartisan Background Checks Act.
I also rise for my constituent, Mohammed Haitham. Mo was a young sailor who followed his mother's footsteps into the Navy, with the dream of becoming a pilot.
When a Saudi terrorist started shooting, Mo sacrificed himself to protect others. That is who he was.
Service, selflessness, sacrifice, Mo represented the very best in all of us. The great State of Florida is proud of him and proud to call him one of our own.
The attack at Naval Air Station Pensacola killed three young sailors and wounded eight more.
The terrorist bought the gun legally, using a hunting license to get it. Al-Qaida and ISIS know about this loophole, and until we close it, the American people will remain vulnerable.
That is why my bipartisan bill to close the Pensacola loophole has the support of the Brady Campaign, the Giffords, Major County Sheriffs, and the Fraternal Order of Police.
I look forward to working with the chairman and my colleagues on both sides of the aisle to pass this bill.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Perry).
Mr. PERRY. Mr. Speaker, we lament the death of our good friend, Mr. Crist's constituent, Mo. We lament it. We especially lament it because when you are in the military and you are on base and you are in uniform, you are prohibited from carrying a firearm. Think about that. Those in our country most well trained to use a firearm lose their lives because they cannot defend themselves, as a regulation by the DOD that says they cannot carry a firearm on base. That is why Mo is not here.
Sure, there is a Saudi terrorist in town that is killing people, but Mo could have stopped that if Mo were allowed to use his skills provided by the taxpayers and desired by him. He wanted to serve his country, he wanted to serve his community, and he should have been allowed to.
This bill is more of the same thing, disallowing American citizens to defend themselves. Unfortunately, Mo is a prime example.
Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Lamb).
Mr. LAMB. Mr. Speaker, I rise in support of my amendment, to make perfectly clear that transfers of firearms between family members do not require a background check, are not subject to the strictures of this bill. We should make that clear in order to confirm what we have all said here today, that this is a bill that targets those who break the law, not those who abide by it.
My amendment shows respect for the important tradition within many families in western Pennsylvania and elsewhere of passing down a shotgun or a hunting rifle from a father to a son. That is allowed under our bill.
And a further and more important sign of respect will come when we vote for final passage tomorrow to strengthen the right of those who obey the law by keeping those who break it away from your right to own a firearm.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield myself the balance of my time.
In closing, we can say we are opposed to the en bloc amendments for all of the reasons we have cited now in the last hour and a half on this legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as has been said over and over again on the floor of the House, H.R. 8 provides for the legal access to guns. It does not take away guns from any American.
In addition, the Second Amendment is truly preserved with H.R. 8, and it is in compliance with the law which allows the regulation of guns, even with the Second Amendment.
We ask our colleagues to support H.R. 8 and the en bloc amendments included therein.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 188, the previous question is ordered on the amendments en bloc offered by the gentleman from New York (Mr. Nadler).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. The Chair understands that amendment No. 7 will not be offered.
The previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
=========================== NOTE ===========================
March 10, 2021, on page H1302, the following appeared: The question is on the engrossment and third reading of the bill, as amended.
The online version has been corrected to read: The question is on the engrossment and third reading of the bill.
========================= END NOTE =========================
The bill was ordered to be engrossed and read a third time, and was read the third time.
Motion to Recommit
Mr. JORDAN. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. Jordan moves to recommit the bill H.R. 8 to the Committee on the Judiciary.
The material previously referred to by Mr. Cline is as follows:
At the end of the bill, add the following:
(e) The Attorney General shall promulgate a regulation that shall, in the case of a background check conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act in response to a contact from an importer, a manufacturer, or a dealer, licensed under chapter 44 of title 18, United States Code, which background check indicates that the receipt of a firearm by a person would violate section 922(g)(5) of title 18, United States Code, a requirement that the system notify U.S. Immigration and Customs Enforcement.
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that the noes appeared to have it.
Mr. JORDAN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R. 8 is postponed.
____________________
SOURCE: Congressional Record Vol. 167, No. 45
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