KEY VOTE: “NO” On Bipartisan Background Checks Act (H.R. 8)

This week, the House will vote on H.R. 8, the Bipartisan Background Checks Act. This legislation would require universal background checks for all firearm sales, including private sales, with specific exceptions. This is a misguided effort, as universal background checks would do little to prevent violence and would only make it more difficult for law-abiding citizens to purchase, own, carry, and use a firearm.

Studies show that universal background checks are largely ineffective when it comes to preventing mass shootings and it is unlikely that any of the recent mass public shooters would have been prevented from obtaining a firearm if universal background checks were implemented. Mass shootings simply don’t happen because of a lack of background checks.

Furthermore, the majority of individuals imprisoned for firearm-related crimes illegally obtain their firearms through theft, the underground market, family members, or friends. A 2016 study conducted by the University of Pittsburgh showed that lawful gun owners carried out less than a fifth of all firearm-related crimes.

H.R. 8 is poorly written and makes criminals out of many law-abiding Americans who commonly make low-risk firearm transfers. The bill also forces private parties to use Federal Firearms Licensees to conduct background checks on prospective gun buyers, which is unnecessary in the first place. Congress could simply revise the existing background check framework to allow non-Federal Firearms Licensees access to the National Instant Criminal Background Check System (NICS). In other words, even if one believes universal background checks are effective, H.R. 8 is still the worst and most burdensome way of imposing them and actually inhibits and discourages compliance.

Additionally, H.R. 8 unreasonably burdens law-abiding young adults. Specifically, because the proposal amends federal law to force private parties to go through Federal Firearms Licensees, who are not allowed to transfer handguns to anyone under the age of 21, it overrides state laws that allow 18-20 year olds to exercise their Second Amendment rights. Currently, in many states, individuals in this age range can go through non-federal licensees who aren’t prohibited from selling to individuals under the age of 21. This bill would put an end to that practice, forcing these individuals to rely on an exempted transfer from a family member.

To that end, Congress should stop trying to force ineffective gun control laws like universal background checks on Americans and should instead focus on how to defend and protect law-abiding Americans’ rights.

Overall, universal background checks won’t make our communities or children safer and would infringe upon the Second Amendment rights of law-abiding Americans. Establishing new barriers to the exercise of those rights is counterproductive to both public safety and the private defense of life, liberty, and property. Instead of attempting to check gun control off their “progressive to-do list” with this misguided legislation, Congress should look for ways to strengthen enforcement of existing laws which already attempt to keep violent offenders from using firearms to injure and kill.