H.R. 8, which would criminalize the private transfer of firearms, has received significant attention from the gun rights community. However, H.R. 1112, which purportedly targets the inappropriately-named “Charleston loophole,” is just as insidious an attack on gun owners. Both bills were passed out of the House Judiciary Committee on Wednesday.
H.R. 1112 would eliminate the 3-day safety-valve provision under the federal firearms background check system that prevents the government from enacting an indefinite delay of firearm purchases for law-abiding Americans. All Federal Firearms Licensees (gun dealers) are required to conduct a background check on prospective purchasers to determine if transferring the firearm would violate state or federal law. Under current law, if an FFL initiates a background check, but does not receive a determination from the National Instant Criminal Background Check System within three business days, the FFL may proceed with the firearms transfer. After the three-day window, FBI continues to research the matter that gave rise to an individual’s delay for 90 days after the check was initiated. If it is later determined that the person is prohibited from possessing firearms, the Bureau of Alcohol, Tobacco, Firearms and Explosives is notified and tasked with retrieving the firearm. …Read the Rest