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Enhanced Background Checks Act of 2023
12/20/2023, 3:00 PM
Summary of Bill HR 2403
If passed, the Enhanced Background Checks Act would require all individuals purchasing firearms to undergo a comprehensive background check, regardless of where the purchase is made. This includes gun shows, online sales, and private transactions. The bill aims to close loopholes that currently allow individuals to purchase guns without undergoing a thorough background check.
Additionally, the bill would allocate funding to improve the National Instant Criminal Background Check System (NICS) and ensure that all relevant information is accurately and promptly reported to the system. This would help prevent individuals with a history of violence or mental illness from obtaining firearms. Supporters of the Enhanced Background Checks Act argue that it is a common-sense measure to help keep guns out of the hands of dangerous individuals and reduce gun violence in the United States. However, opponents of the bill may argue that it infringes on Second Amendment rights and could create unnecessary burdens for law-abiding gun owners. Overall, the Enhanced Background Checks Act of 2023 is a significant piece of legislation that aims to strengthen the background check system for gun purchases in the United States. It is currently being debated in Congress, and its fate remains uncertain.
Congressional Summary of HR 2403
Enhanced Background Checks Act of 2023
This bill revises background check requirements applicable to proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.
Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)
If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.
The Government Accountability Office must report on the extent to which the changes have prevented firearms transfers to prohibited persons.
The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations.
The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.
