Preventing Pretrial Gun Purchases Act
Summary
The Preventing Pretrial Gun Purchases Act aims to amend the Gun Control Act of 1968 to prevent individuals subject to pretrial release orders that prohibit firearm possession from purchasing firearms. It modifies sections of Title 18, United States Code, and related acts like the Brady Handgun Violence Prevention Act and the NICS Improvement Amendments Act of 2007. The bill also authorizes grants to states and Indian Tribes to report information about covered pretrial release orders to the National Instant Criminal Background Check System (NICS).
Expected Effects
This act would expand the categories of individuals prohibited from purchasing firearms to include those under pretrial release orders restricting firearm possession. It would also provide funding to improve the reporting of relevant information to the NICS, potentially enhancing the effectiveness of background checks. The changes aim to reduce gun violence by preventing individuals deemed a potential risk during pretrial release from acquiring firearms.
Potential Benefits
- Enhanced Public Safety: Prevents individuals considered a risk during pretrial release from legally purchasing firearms.
- Improved Background Checks: Increases the accuracy and comprehensiveness of the NICS by including pretrial release order information.
- Reduced Gun Violence: Aims to decrease gun violence by restricting access to firearms for individuals with specific court orders.
- Resource Allocation: Provides funding to states and tribes to improve reporting to NICS, enhancing their ability to enforce existing laws.
- Clarification of Existing Laws: Amends existing laws to ensure consistency and clarity regarding firearm purchases.
Potential Disadvantages
- Potential for Due Process Concerns: Individuals subject to pretrial release orders may face restrictions on their Second Amendment rights before being convicted of a crime.
- Increased Burden on NICS: The system may face increased strain due to the additional data and checks required.
- Risk of Error: Inaccurate or incomplete reporting of pretrial release orders could lead to wrongful denials of firearm purchases.
- Potential for Overreach: Broad interpretation of pretrial release orders could affect individuals who pose minimal risk.
- Financial Burden on States: While grants are provided, states may still incur costs associated with implementing the new reporting requirements.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is complex. While the Second Amendment protects the right to bear arms, this right is not unlimited. The Supreme Court has acknowledged the government's power to regulate firearm ownership to promote public safety. The bill could be seen as a reasonable restriction, particularly for individuals subject to court orders due to potential safety concerns. However, some may argue that restricting firearm purchases before a conviction infringes upon due process rights guaranteed by the Fifth and Fourteenth Amendments.
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).