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Amy Sherman
By Amy Sherman January 4, 2022

Legislation to require background checks for all gun sales stalls

On the third anniversary of the February 2018 school shooting in Parkland, Florida, President Joe Biden called on Congress to expand background checks for gun buyers, acting on one of several campaign promises he made to tighten gun control. But Biden hasn't been able to get a bill through the divided Senate.

In March, the House passed the Bipartisan Background Checks Act of 2021, H.R. 8, which would require background checks before someone buys or transfers a gun from a private seller. The prohibition would have limited exceptions, such as a gift between spouses. The legislation never received a vote in the Senate.

The House also passed H.R. 1446, the Enhanced Background Checks Act of 2021. The bill would give federal law enforcement 10 days to do background checks before a gun can be transferred to an unlicensed person, up from the current three days. Senate Republicans blocked the bill.

During the last couple of decades, Democratic lawmakers have generally favored further gun regulation while Republican lawmakers have generally resisted it, said Kristin A. Goss, a Duke University professor of public policy and political science. 

There have been a few exceptions, including Sen. Pat Toomey, R-Pa., who co-sponsored a background check bill after the 2012 mass shooting at Sandy Hook Elementary School in Connecticut. 

"But the alignment between position on guns and party affiliation has been strengthening over time," Goss said. "Thus, I think it's fair to say that universal background check legislation is unlikely to pass the U.S. Senate as long as it is so closely divided by party and the filibuster remains in place."

With no likely path toward expanding gun background checks, the Biden administration has turned its focus to funding community violence intervention programs, which seek to engage the small group of people who are at high risk for gun violence. In June, the White House announced that 15 jurisdictions committed to use a portion of their American Rescue Plan funding or other public funding to invest in violence intervention programs. The American Rescue Plan provides $350 billion in state and local funding and $122 billion in school funding that can be tapped for public safety strategies.

The community violence-intervention approach "works remarkably well and is not about guns or gun control," said David M. Kennedy, professor of criminal justice at John Jay College of Criminal Justice. "This administration for the first time in the country's history is making a substantial investment in that kind of violence prevention."

While these programs address the underlying goal of containing gun violence, they're not the same as requiring background checks for all gun sales. 

Biden faces an uphill battle to enact background check requirements, but we will continue to monitor his progress. For now, we rate Biden's promise as Stalled. 

RELATED: Buttigieg on point that majority of Republicans support background checks

Our Sources

White House, FACT SHEET: Biden-⁠Harris Administration Announces Initial Actions to Address the Gun Violence Public Health Epidemic, April 7, 2021

Congress.gov, H.R.8 - Bipartisan Background Checks Act of 2021, House vote March 11, 2021

Congress.gov, H.R.1446 - Enhanced Background Checks Act of 2021

The Educational Fund to Stop Gun Violence, Community Gun Violence

Politico, Gun control legislation isn't going to happen. Here's what Biden's doing instead. Nov. 5, 2021

PolitiFact, Cory Booker says Newark shooting victims have high chance they've been arrested an average of 10 times, Oct. 24, 2011

AP, Biden tightens some gun controls, says much more needed, April 8, 2021

The Hill, GOP blocks bill to expand gun background checks after Michigan school shooting, Dec. 2, 2021

Email interview, Kristin A. Goss, a Duke University professor of public policy and political science, Dec. 13, 2021

Telephone interview, David M. Kennedy, professor of criminal justice at John Jay College of Criminal Justice in New York City and the director of the National Network for Safe Communities at John Jay, Dec. 13, 2021

Amy Sherman
By Amy Sherman March 11, 2021

House passes gun background check bills supported by Biden

The U.S. House of Representatives voted for a pair of bills to expand gun background checks to close loopholes, a priority for President Joe Biden that will face resistance in the Senate.

During the campaign, Biden promised to require universal gun background checks, including for online sales or by private sellers at gun shows.

The Bipartisan Background Checks Act of 2021, H.R. 8, would require background checks before someone purchases or transfers a gun from a private seller. The prohibition has limited exceptions, such as a gift between spouses.

The bill passed 227-203 with eight Republicans joining all-but-one Democrat in support of the bill. Although the bill introduced by Rep. Mike Thompson, D-Calif, had the word "bipartisan" in it's name, it only had three Republican cosponsors.

Under federal law currently, firearms dealers must be licensed. Licensees are prohibited from knowingly transferring any firearm to certain groups of people, including felons and people who were involuntarily committed to mental institutions. However, background checks are not generally required for private sales under federal law. Many states and Washington, D.C., have laws that require some sort of check on private sales for at least some kinds of firearms.

A separate bill, H.R. 1446, the Enhanced Background Checks Act of 2021, passed 219-210. The bill gives federal law enforcement 10 days to do background checks prior to transferring a firearm to an unlicensed person, an increase from the current three days. 

House Majority Whip Jim Clyburn, D-S.C., introduced the legislation, which he said is intended to close the "Charleston loophole," a reference to Dylann Roof, who killed nine people at an African American church in 2015. Roof was able to buy the gun after reaching the three-day time limit.

On the anniversary of the Parkland shooting on Feb. 14, Biden called on Congress to require background checks on all gun sales, ban assault weapons and eliminate immunity for gun manufacturers.

"We owe it to all those we've lost and to all those left behind to grieve to make a change," Biden said. "The time to act is now."

The Office of Management and Budget said in a March 8 statement that the administration supports both bills to close existing loopholes in the background check process. 

Although polls have consistently shown that the public says it supports increased background checks, efforts to pass legislation stalled in recent years. Both measures are expected to face hurdles in the Senate, where 60 votes are required to break a potential filibuster.

We will continue to monitor the path of background check legislation, but for now we rate this promise In the Works.

RELATED: Buttigieg on point that majority of Republicans support background checks

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