Enhanced Background Checks Act of 2021
Floor Speech
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Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I call up the bill (H.R. 1446) to amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee, and ask for its immediate consideration.
The Clerk read the title of the bill.
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Mr. NADLER. 1446.
Mr. Speaker, H.R. 1446, the Enhanced Background Checks Act of 2021, is a critical bill to provide law enforcement the necessary time to keep firearms out of the hands of those who are not legally eligible to own them.
The 2015 massacre at Emanuel AME Church in Charleston, which killed nine innocent people, stands as a tragic reminder of how current background check laws sometimes fall short.
Under current law, a licensed gun dealer conducting a background check on a prospective purchaser is permitted to sell the firearm to the purchaser if there has been no determination from the background check system, commonly called NICS, after 3 business days.
This is the case even if the system has not indicated that the person has actually passed the background check. Often, we refer to this as a default proceed transaction.
While 96 percent of background checks are processed within 3 business days, an analysis of FBI data showed that over 35,000 guns were transferred to prohibited purchasers between 2008 and 2017 because of the default proceed rule.
On average, over the course of the last decade, 10 prohibited individuals have been able to purchase guns at licensed firearms dealers through the default proceed rule every single day.
The cases in which there is a delay are the very cases that ought to be carefully investigated.
If NICS is unable to return an instant determination--and especially if there is no report after 3 days--there is cause for concern. There may be a good reason that these individuals should not own firearms, but the current system allows the transfer nonetheless.
Under this legislation, as under current law, a sale may proceed immediately once a background check clears a purchaser, which is the case in the vast majority of instances.
This bill provides, however, that for checks taking longer to complete, the FBI will have 10 business days for the initial background check investigation period. If the check is not completed during this time, an individual may submit a petition for expedited review. If a petition is submitted, unless NICS provides an answer within the next 10 business days, either clearing the transaction or stopping it, a gun dealer has the discretion to complete the sale and transfer the firearm.
We must ensure that firearms transfers are lawful, and in some instances, that requires additional time. That is why H.R. 1446 is needed, to prevent the sale of firearms to prohibited individuals by providing the FBI with additional time to complete background checks.
H.R. 1446 is a sensible and necessary approach to closing a dangerous loophole, and I commend our colleague, Congressman Jim Clyburn, the distinguished Democratic whip, for introducing this bill.
Mr. Speaker, I strongly support this legislation, and I reserve the balance of my time.
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Mr. NADLER. Mr. Speaker, I am prepared to close and I reserve the balance of my time.
I have never heard such pernicious nonsense as we have heard today from our Republican friends.
They say that this legislation will violate gun rights. But all this legislation does is close a dangerous loophole that puts weapons in the hands of individuals who should not legally be permitted to purchase them merely because the FBI is not able to complete the background check in time.
The FBI under this legislation will have 10 days maybe instead of 3 days to complete the background check and decide whether someone is too dangerous to have access to guns. That is all this legislation does.
To say that it infringes on the Second Amendment, Mr. Raskin pointed out that Justice Scalia in the Heller decision upheld this kind of legislation.
So stop with the nonsense, pass this legislation, and make the American people safe.
Madam Speaker, I yield back the balance of my time.
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Mr. NADLER. Madam Speaker, pursuant to House Resolution 188, I offer amendments en bloc.
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Mr. NADLER. Madam Speaker, I yield myself 45 seconds.
Madam Speaker, the amendments contained in this en bloc amendment include important changes to the bill that will provide Congress additional information to inform our future decisionmaking.
Representative Burgess' amendment would require reporting to Congress on the number of NICS denials referred for investigation after a firearm was sold to a person who was later found to be ineligible.
Representative Levin's amendment adds State-level data tracking which will facilitate our review of which State gun safety measures have been effective and which should be considered on the Federal level.
Representative McBath's amendment would require critical reporting on the impact of the bill on victims of domestic abuse.
Lastly, Representative Neguse's amendment makes data available to the public regarding NICS denials.
These are valuable additions to H.R. 1446.
Madam Speaker, I urge all Members to support them, and I reserve the balance of my time.
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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Levin).
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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from New York (Ms. Clarke).
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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from California (Ms. Speier).
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Mr. NADLER. Madam Speaker, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee).
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Mr. NADLER. Madam Speaker, I am prepared to close. I reserve the balance of my time.
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Mr. NADLER. Madam Speaker, I yield myself the balance of my time.
Our Republican friends insist on misreading the bill. They insist on talking about things that aren't in the bill.
The bill takes away the rights of nobody except those who have threatened their wives, threatened their former wives, threatened other people in the community. Those are all the people who are affected.
Yes, we extend the NICS system from 3 days to 10 days. That means that if the NICS system hasn't reported back within 3 days, the FBI gets up to 10 days. At the end of 10 days, they can't stop you from getting a weapon unless the records show that you are not entitled to get the weapon because you are a danger to the community. That is what this bill does.
To misread it and say it gives any rights to felons, or to gun buyers, or to people who are criminals because they disobey the law, of course people who disobey the law are criminals. But that is not what the bill deals with.
The bill simply says that it effectuates a system that says that people who are threats to the community may not get guns. And it does not limit the time beyond 10 days to make that decision.
Madam Speaker, I yield back the balance of my time.
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