Bills of Congress by U.S. Congress

Background Check Expansion Act

Summary

The Background Check Expansion Act aims to require background checks for all firearm sales, closing existing loopholes. It amends Section 922 of Title 18 of the United States Code, making it unlawful for unlicensed individuals to transfer firearms without involving a licensed dealer for background checks. The bill outlines exceptions for law enforcement, gifts between family members, transfers due to death, and temporary transfers to prevent imminent harm.

Expected Effects

The Act would expand the scope of background checks for firearm transfers, potentially reducing gun violence. Licensed dealers would be required to conduct background checks for private gun sales. Certain transfers, such as those between family members or for self-defense, are exempt.

Potential Benefits

  • May reduce the number of firearms acquired by individuals legally prohibited from owning them.
  • Could lead to a decrease in gun-related violence and crime.
  • Provides clarity on firearm transfer regulations, potentially reducing unintentional illegal transfers.
  • Enhances public safety by making it more difficult for criminals to obtain firearms.
  • Supports law enforcement efforts to track and prevent illegal firearm sales.

Potential Disadvantages

  • May create additional burdens and costs for law-abiding citizens who wish to transfer firearms privately.
  • Could lead to delays in firearm transfers, impacting individuals who need firearms for self-defense.
  • The exceptions outlined in the bill may create loopholes that could be exploited.
  • May infringe upon the Second Amendment rights of individuals to keep and bear arms.
  • Could be difficult to enforce, particularly in rural areas or states with less stringent gun control laws.

Constitutional Alignment

The bill's alignment with the Second Amendment is a key constitutional consideration. The Second Amendment guarantees the right of the people to keep and bear Arms, but this right is not unlimited. The Supreme Court has recognized the right to bear arms is subject to reasonable restrictions. The expansion of background checks could be seen as a reasonable restriction aimed at promoting public safety. However, opponents may argue that it infringes upon the right to bear arms by creating additional hurdles for legal firearm transfers. The bill also includes provisions that aim to prevent the establishment of a national firearms registry, which could alleviate concerns about government overreach.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).