Congressional Record, Volume 167 Issue 45 (Wednesday, March 10, 2021)

[Congressional Record Volume 167, Number 45 (Wednesday, March 10, 2021)]
[House]
[Pages H1286-H1303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

BIPARTISAN BACKGROUND CHECKS ACT OF 2021

Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I call up
the bill (H.R. 8) to require a background check for every firearm sale,
and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 188, the bill
is considered read.
The text of the bill is as follows:

H.R. 8

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Bipartisan Background Checks
Act of 2021''.

SEC. 2. PURPOSE.

The purpose of this Act is to utilize the current
background checks process in the United States to ensure
individuals prohibited from gun possession are not able to
obtain firearms.

SEC. 3. FIREARMS TRANSFERS.

(a) In General.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(aa)(1)(A) It shall be unlawful for any person who is not
a licensed importer, licensed manufacturer, or licensed
dealer to transfer a firearm to any other person who is not
so licensed, unless a licensed importer, licensed
manufacturer, or licensed dealer has first taken possession
of the firearm for the purpose of complying with subsection
(t).
``(B) Upon taking possession of a firearm under
subparagraph (A), a licensee shall comply with all
requirements of this chapter as if the licensee were
transferring the firearm from the inventory of the licensee
to the unlicensed transferee.

[[Page H1287]]

``(C) If a transfer of a firearm described in subparagraph
(A) will not be completed for any reason after a licensee
takes possession of the firearm (including because the
transfer of the firearm to, or receipt of the firearm by, the
transferee would violate this chapter), the return of the
firearm to the transferor by the licensee shall not
constitute the transfer of a firearm for purposes of this
chapter.
``(2) Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law enforcement
officer, armed private security professional, or member of
the armed forces, to the extent the officer, professional, or
member is acting within the course and scope of employment
and official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, including step-parents and their step-children,
between siblings, between aunts or uncles and their nieces or
nephews, or between grandparents and their grandchildren, if
the transferor has no reason to believe that the transferee
will use or intends to use the firearm in a crime or is
prohibited from possessing firearms under State or Federal
law;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs
by operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, including harm to self,
family, household members, or others, if the possession by
the transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm, including
the harm of domestic violence, dating partner violence,
sexual assault, stalking, and domestic abuse;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; or
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery or other
area designated for the purpose of target shooting;
``(ii) while reasonably necessary for the purposes of
hunting, trapping, or fishing, if the transferor--
``(I) has no reason to believe that the transferee intends
to use the firearm in a place where it is illegal; and
``(II) has reason to believe that the transferee will
comply with all licensing and permit requirements for such
hunting, trapping, or fishing; or
``(iii) while in the presence of the transferor.
``(3) It shall be unlawful for a licensed importer,
licensed manufacturer, or licensed dealer to transfer
possession of, or title to, a firearm to another person who
is not so licensed unless the importer, manufacturer, or
dealer has provided such other person with a notice of the
prohibition under paragraph (1), and such other person has
certified that such other person has been provided with this
notice on a form prescribed by the Attorney General.''.
(b) Amendment to Section 924(a).--Section 924(a)(5) of
title 18, United States Code, is amended by striking ``(s) or
(t)'' and inserting ``(s), (t), or (aa)''.
(c) Rules of Interpretation.--Nothing in this Act, or any
amendment made by this Act, shall be construed to--
(1) authorize the establishment, directly or indirectly, of
a national firearms registry; or
(2) interfere with the authority of a State, under section
927 of title 18, United States Code, to enact a law on the
same subject matter as this Act.
(d) Effective Date.--The amendment made by subsections (a)
and (b) shall take effect 180 days after the date of
enactment of this Act.

The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the chair and ranking minority member
of the Committee on the Judiciary.
The gentleman from New York (Mr. Nadler) and the gentleman from Ohio
(Mr. Jordan) each will control 30 minutes.
The Chair recognizes the gentleman from New York.

{time} 1415

General Leave

Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on H.R. 8.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, gun violence impacts all of our communities, and no
place is immune from its reach, including our homes, our streets, our
schools, and even our places of worship. That is why we must take swift
and decisive action to reduce the daily toll of gun violence that
afflicts our Nation. H.R. 8, the Bipartisan Background Checks Act of
2021 is sensible and effective legislation to do just that.
Under current law, gun sales conducted by licensed firearms dealers
may only be completed if the buyers clear background checks. This bill
would simply extend that requirement, with limited exceptions, to guns
transferred by unlicensed individuals as well. That simple change to
close a gaping loophole in the law is one of the most effective steps
we can take to address the scourge of gun violence in this country.
According to one study, 22 percent of gun owners in the U.S. acquired
their most recent firearm without a background check. We do not know if
they were felons, fugitives, domestic abusers, or otherwise prohibited
under the law from possessing firearms. A huge volume of guns was sold
with no questions asked. It is time to close this dangerous loophole.
There is no reason to continue to make it easy for people who are
legally prohibited from possessing firearms to acquire them. The
evidence clearly shows that background checks work and significantly
curb gun violence. One study found that a Connecticut law requiring
background checks was associated with a 40 percent decline in gun
homicides and a 15 percent drop in suicides. On the other hand, when
Missouri repealed its background check law, the State's gun homicides
increased by 23 percent and suicides increased by 16 percent.
Gun violence of this magnitude is a distinctly American problem. A
recent study in the American Journal of Medicine found that compared to
29 other high-income countries, the gun-related murder rate in the
United States is 25 times higher. Even when you adjust for population
differences, Americans are disproportionately killed by gun violence.
This is a disparity that we can remedy by passing this bill.
With the exception of certain limited transfers, such as gifts to
family members and transfers for hunting, target shooting, and self-
defense, H.R. 8 would extend the current Federal background check
requirement--which applies now only to licensed gun dealers--and would
require virtually all transactions to undergo a background check to
help ensure that firearms do not end up in the wrong hands.
I thank Representative Mike Thompson of California for drafting
this important legislation and for being a champion of gun violence
prevention in Congress.
Simply put, H.R. 8 will save lives. I urge my colleagues to support
this legislation and to support safer streets, safer schools, and safer
communities.
Mr. Speaker, I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished
gentleman from Kentucky (Mr. Massie), the co-chair of the Second
Amendment Caucus.
Mr. MASSIE. Mr. Speaker, Democrats today want to introduce gun
control legislation that they say is going to make you safer. They want
to expand background checks.
But what do background checks accomplish?
Well, the DOJ said there were 112,000 denials in a year.
Who were those 112,000 people?
Well, my colleagues on the other side of the aisle would have you
think those were felons, they saved you from those felons.
But how many of those 112,000 were prosecuted for that crime of
trying to acquire that gun?
According to the DOJ, 12--1-2--12 in a year.
Who were the other 100,000?
Imagine, just imagine now that you are the victim of an abusive
relationship and after 5 years you have summoned the courage and the
resources to separate from that relationship, but things have escalated
and now you have decided that it is time to acquire the means to
protect you and your children. So you go to the gun store and you try
to buy a gun. The clerk presses the computer button, and it says
``denied.''
You ask the clerk, ``Why was it denied?''
The clerk says, ``I don't know. This happens sometimes. Maybe you had
a similar name to somebody else in the database.''
You can't buy a gun today, tomorrow, next week. Not ever. You have

[[Page H1288]]

been denied. So you go to a friend you have known for a long time. Your
friend says, ``I would like to help you.''
You say, ``Well, I don't know if I am going to make it through the
night.''
Your friend says, ``I would like to help you, but don't you know H.R.
8 passed and it was signed by the President. I can't spend a year in a
cage. Good luck tonight.''
Mr. Speaker, now, I am not going to ask you to imagine what happens
next because the Democrats saw fit to put into this bill a requirement
that you have an imminent threat of death. The threat has to be right
there upon you or great bodily harm.
What do they say?
Well, if you are just expecting a few bruises and maybe a punch, put
some ice on it.
Mr. Speaker, I am going to ask my colleagues here today and I am
going to challenge the sponsors of this bill and those of them who
might think they would vote for this bill to consider whether it is
fair.
Is it fair to surround yourself with armed guards, with Capitol Hill
Police who have guns, with personal details, bodyguards, and ask the
people to pay for it when you make it harder for those same people to
protect themselves?
I don't think that is fair.
And for the fact checkers who are already hard at work on this
speech, I include in the Record this GAO report on the DOJ statistics
on background checks.

[From the United States Government Accountability Office, Sept. 2018]

Report to the Ranking Member, Subcommittee on Commerce, Justice,
Science, and Related Agencies, Committee on Appropriations, House of
Representatives

Law Enforcement--Few Individuals Denied Firearms Purchases Are
Prosecuted and ATF Should Assess Use of Warning Notices in Lieu of
Prosecutions

why gao did this study

In 2017, approximately 25.6 million firearm-related
background checks were processed through NICS, and about
181,000 of the attempted purchases at the federal and state
levels combined were denied because the individual was
prohibited from possessing a firearm under federal or state
law. Individuals who certify that they are not prohibited
from purchasing or receiving a firearm and are subsequently
determined to be prohibited could be subject to
investigation, and if prosecuted, a fine, imprisonment, or
both.
GAO was asked to examine firearms denials. This report (1)
describes the extent to which federal and selected state law
enforcement agencies investigate and prosecute firearms
denial cases; (2) examines related challenges faced by these
agencies; and (3) describes the circumstances that lead to
investigations and prosecutions. GAO reviewed laws and
regulations; analyzed federal and state data from 2011
through 2017; and interviewed officials from ATF
headquarters, 6 of 25 ATF field divisions (the 6 that
investigated the most cases), and the 13 states that process
all NICS checks within their state. Results from state
interviews are not generalizable but provide insights on
state practices.

what gao recommends

GAO recommends that ATF assess the extent to which ATF
field divisions use warning notifications as an enforcement
tool, which would inform whether changes to policy are
needed. DOJ concurred with GAO's recommendation.

what gao found

Investigations and prosecutions. Federal and selected state
law enforcement agencies that process firearm-related
background checks through the National Instant Criminal
Background Check System (NICS) collectively investigate and
prosecute a small percentage of individuals who falsify
information on a firearms form (e.g., do not disclose a
felony conviction) and are denied a purchase. Federal NICS
checks resulted in about 112,000 denied transactions in
fiscal year) 2017, of which the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) referred about 12,700 to its
field divisions for further investigation. U.S. Attorney's
Offices (USAO) had prosecuted 12 of these cases as of June
2018.

TABLE.--FEDERAL NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) FIREARMS DENIAL CASES INVESTIGATED AND PROSECUTED, FISCAL YEAR 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATF Field Division United States Attorney's
Federal NICS Transactions Denials Investigations Offices Prosecutions
--------------------------------------------------------------------------------------------------------------------------------------------------------
8,606,286..................................................... 112,090 12,710 12
--------------------------------------------------------------------------------------------------------------------------------------------------------

At the state level, officials from 10 of 13 selected states
said they did not investigate or prosecute firearm denials,
some citing competing resource demands and the lack of
statutes with which states prosecute as reasons. The
remaining 3 states investigated a high proportion of firearms
denials. One of the 3 states reported about 1,900 referrals
for prosecution in 2017 and about 470 convictions.
Challenges. ATF and selected states reported challenges in
investigating and prosecuting firearms denials. Officials
from six selected ATF field divisions said that investigating
the increasing number of denial cases referred to field
divisions--which increased from about 5,200 in fiscal year
2011 to about 12,700 in fiscal year 2017--has been time
intensive and required use of their limited resources. ATF
policy provides that field divisions may send ``warning
notices'' to denied persons in lieu of prosecution, but ATF
has not assessed field divisions' use of these notices, which
could provide greater awareness of their deterrence value and
inform whether any policy changes are needed. Officials from
the Executive Office for United States Attorneys said that
prosecuting denial cases can require significant effort and
may offer little value to public safety compared to other
cases involving gun violence. Selected state officials said
that denial investigations can take law enforcement officials
away from their core duties. State prosecutors said gathering
evidence to prove individuals knew they were prohibited was a
challenge.
Types of cases. ATF field divisions investigate denial
cases based on USAO criteria and generally only refer cases
to USAOs for prosecution when aggravating circumstances
exist, such as violent felonies or multiple serious offenses
over a short period of time. Officials from two of three
selected states refer all denial cases for investigation,
while one state uses risk-based criteria for selecting cases
that include conditions such as felony convictions and
misdemeanor crimes of domestic violence. Prosecutors from
these three states said they generally pursue cases that
involve indications of violence, though individual
prosecutors had differing priorities based on public safety
concerns.

Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the distinguished majority leader of the House.
Mr. HOYER. Mr. Speaker, well, that is an interesting speech to
follow. Mr. Massie was very energized. I haven't seen, of course, that
which he submitted for the Record, but 90 percent of America thinks
this bill makes sense, 90 percent. Take your own polls. Poll after poll
after poll shows overwhelming support of this legislation because it is
common sense. It is common sense that you want to assure the community
that those who buy weapons that can be used with deadly force, as the
gentleman just indicated, are not a danger to themselves or to others.
Mr. Speaker, according to the database from the Associated Press, USA
Today, and Northeastern University that tracks mass shootings, which
they define as four or more victims, not including the shooter, 2020
was a standout year. After years of setting new records for mass
shootings, 2019 had the highest number recorded, 33 mass shootings in
one year. But in 2020, there were only two mass shootings: one in
February and another in early March.
Of course, Mr. Speaker, those numbers don't count the hundreds of
shootings each year in which there are fewer than four victims, with
tens of thousands killed or maimed by gun violence annually. The
contrast in the number of mass shootings from 2019 to 2020 is stark.
Mr. Speaker, I don't have to explain to my colleagues why mass
shootings suddenly came to a halt last year, but it shouldn't take a
deadly viral pandemic--which took us out of group meetings, which took
us off the streets, which kept us at home--to stop a deadly epidemic of
gun violence.
With the arrival of vaccines and passage of President Biden's plan to
help make it safe to reopen businesses and schools, we will soon be
gathering in groups once more, but nobody wants to see a return to mass
shootings, Mr. Speaker. Nobody wants to see a return to deadly school
shootings that terrorize America's students.
We shouldn't need a pandemic to reduce gun violence in this country.
The way to do that ought to be through passing commonsense gun safety
legislation through Congress to make it harder for deadly firearms to
get into the hands of those who cannot bear them responsibly. That is
what H.R. 8,

[[Page H1289]]

the Bipartisan Background Checks Act, would do.
Nine out of 10 Americans support the reforms in this bill. Now, I
know I have seen some people, Mr. Speaker, shake their head, no, no,
that is not the case. Show me a poll that has less than 80 percent of
Americans thinking that terrorists should not be able to buy guns, that
felons should not be able to buy guns, that domestic abusers should not
buy guns, particularly in an accelerated way. You get mad at a partner,
you get mad at a girlfriend, a boyfriend, whatever, go down to the
store, boy, get a gun, bang.
It is one thing to have a thoughtful purchase: I want to have a
hunting gun; I want to have a handgun for target practice; I want a
handgun for safety in my home, in my business, in my car. But if you
are a person who has shown that you are not somebody who is a
responsible person--sort of like driving a car, if you are not
responsible, you are a reckless driver and you have been guilty of
manslaughter by automobile or something of that nature--people have a
right to know that what you do is going to be not a danger to them.
This is one of the greatest examples of legislation that truly
reflects the will of the American people. That is why I hope we can
come together to pass it with bipartisan support. I don't know that
that is going to be the case. But if it is not the case, it will not
reflect the will of the American people who would like to see this on a
bipartisan basis. Republicans and Democrats polled support this
legislation.
Now, if somebody wants to show me a poll that says, no, that is not
the case, that is one thing, but I haven't seen a poll that doesn't
reflect that. Just as I believe we ought to do this week with
Representative Clyburn's bill as well, which could close the loophole
that contributed to the reprehensible and racially motivated mass
shooting at the Mother Emanuel AME Church in Charleston, South
Carolina, in 2015. Nine people in church slain by somebody who got a
gun; who, if the report had come back in a timely fashion, wouldn't
have been able to get that gun.
I hope that Senate Republicans will not filibuster this bill. At some
point in time the majority ought to rule.
Now, the Second Amendment correctly protects gun ownership. I don't
have an argument with that. But the Supreme Court itself said that
there could be responsible restraints and items for protection
consistent with that amendment. That is what this bill does.
I hope our friends will listen to the voices of parents, children,
siblings, spouses, neighbors, and friends of those who were killed by
gun violence in recent years; and I hope they will remember the names
that bring tears to many eyes and pain in so many hearts. Parkland.
Some believe Parkland didn't happen. They are wrong, of course. Sandy
Hook; Charleston; Las Vegas; Orlando; Pittsburgh; Annapolis; San
Bernardino; Washington Navy Yard, just a few blocks from here; Oak
Creek; Tucson; Virginia Tech; and the list could go on and on and on.
I say to the ladies and gentlemen of the House, let's not add more
names to this register of grief. Let's not rely on a pandemic to do
what we ought to have done so long ago. Let's pass these bills and
reduce gun violence the right way, with our votes.
Is this a perfect bill? Will it establish or accomplish the absolute
safety?
It will not, but what 90 percent of Americans say is that it is a
step in the right direction.
Mr. Speaker, let us take that step.
Mr. JORDAN. Mr. Speaker, no, it doesn't. The previous speaker said
when this bill becomes law, it will stop some of the mass shootings--
all of the mass shootings that happen in this country. No, it won't.
Nothing in this bill would prohibit, would have stopped any of those
terrible things that took place.
What this bill does is stop law-abiding citizens from exercising
their Second Amendment liberties, just as the gentleman from Kentucky
mentioned a few minutes ago.
Mr. Speaker, I yield 1 minute to the gentlewoman from Indiana (Mrs.
Spartz).

{time} 1430

Mrs. SPARTZ. Mr. Speaker, I rise in opposition to H.R. 8. A major
reason our Founding Fathers drafted the Second Amendment is to have a
check and balance for the people against the tyranny of government. It
is the Second Amendment for a reason, not the Ninth or the Tenth. You
must have the Second to protect the First.
The first action by history's dictators--and we know all of them--was
to take guns from law-abiding citizens. We must remember that there is
no law that stops criminals from getting guns and committing crimes. We
would have empty prisons otherwise.
As someone who grew up under a tyrannical government, I value these
rights tremendously, and I encourage my colleagues to be vigilant and
protect these rights for all law-abiding citizens.
I urge my colleagues to oppose this bill.
Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from California (Mr. Thompson), the sponsor of this bill.
Mr. THOMPSON of California. Mr. Speaker, every day 30 people are
killed by someone using a gun. That number jumps to 100 if you factor
in accidents and suicides involving guns. The steady stream of gun
violence devastates families, communities, and schools.
Gun violence costs our country $280 billion every year. This status
quo is not okay.
Our constituents know it, and they support H.R. 8 overwhelmingly.
The Special Order last night on H.R. 8 was another low point for
decorum in the House. To be generous, it was an embarrassing display
and a complete misrepresentation of the facts.
Viewers were told that the bill would create a Federal gun registry.
Wrong. Read page 5, line 18. H.R. 8 prohibits any registry.
They were told you can't give a gun to a family member. Wrong. Read
page 3, line 7. You can.
They were told that you can't transfer a gun if someone was suicidal
or needed it for protection to address a self-defense situation. Wrong.
Read page 3, line 21. You can.
They were told that you can't lend a gun to a friend to go hunting.
Wrong. Read page 4, line 16. You can.
What the bill does do is close the private gun sale loophole, which
has made it easy for felons and other prohibited purchasers to buy a
gun online, at gun shows, or in person-to-person sales.
We know universal background checks work. Every day they stop some
160 felons and some 50 domestic abusers from buying a gun. Every day.
But without universal background checks, these people can take their
business elsewhere, to someone without a Federal firearms license and
buy the same gun.
I have personally filled out the 4473 form required to buy a gun from
a licensed dealer. I have done it many times. It is something that
every responsible gun owner should be able to live with. Heck, they
should welcome it because it helps stop dangerous individuals from
getting a gun.
In 90 percent of the cases, background checks are completed within
minutes.
Mr. Speaker, I ask that these letters that I have from dozens of gun
violence prevention groups, healthcare workers, law enforcement, and
others be included in the Record.

[[Page H1290]]

purchasers. Federally licensed dealers must run a check
through NICS to determine whether a potential buyer is
prohibited from purchasing firearms. If information in NICS
shows that a person is indeed prohibited, the dealer must
deny the sale.
However, no background check is required for sales at gun
shows, through online marketplaces, or between private
individuals. Individuals who would otherwise be prohibited
from purchasing or possessing a gun can easily buy guns
through such unregulated sales. And the frequency of these
unregulated sales is growing: recent studies indicate that
approximately 22 percent of firearms are purchased without a
background check, up to 80% of firearms used in crimes are
obtained without a background check.
H.R. 8/S.B. 529 the Bipartisan Background Checks Act/
Background Check Expansion Act would require a background
check on every sale, ensuring that people prohibited from
purchasing firearms cannot exploit loopholes and purchase
guns through an unregulated sale at a gun show, online, or
from an unlicensed private seller. In addition, individuals
would no longer be able to cross state lines solely to
purchase a firearm in a state with less stringent background
checks. Closing these background check loopholes is critical
to reducing gun violence throughout the United States.
Additionally, H.R. 1446/S. 591 the Enhanced Background
Checks Act/Background Check Completion Act would provide the
FBI more time to complete background checks and ensure that
people prohibited from possessing firearms are not able to
obtain them by default because of an incomplete background
check. This deadly loophole in existing law was exploited by
a white supremacist who killed nine people at the Mother
Emanuel AME Church in Charleston, South Carolina.
As responsible gun owners, we urge you to consider this
legislation which would help keep our communities safe. Our
support for universal background checks stems from our desire
to protect the Second Amendment rights of law abiding
citizens while maintaining checks and balances to keep
communities safe.
We urge you to pass H.R. 8/S. 529 the Bipartisan Background
Checks Act/Background Check Expansion Act and H.R. 1446/S.
591 the Enhanced Background Checks Act/Background Check
Completion Act, as soon as possible.
Sincerely,
Giffords Gun Owners for Safety.
____

Gun Owners for

Responsible Ownership,

Lake Grove, OR, March 5, 2021.
Hon. Chuck Schumer,
Majority Leader,
U.S. Senate, Washington, DC.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader,
U.S. Senate, Washington, DC.
Hon. Kevin McCarthy,
Republican Leader,
House of Representatives, Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker
Pelosi, and Leader McCarthy: We are gun owners, outdoors
enthusiasts, and veterans who seek reasonable and responsible
solutions to preventing gun violence. We believe our Second
Amendment rights come with responsibilities. We also believe
in common-sense efforts to reduce gun violence and promote
gun safety across the country, including universal background
checks and safe and secure storage of firearms.
H.R. 8 / S. 529 the Bipartisan Background Checks Act /
Background Check Expansion Act would require a background
check on every sale, ensuring that people prohibited from
purchasing firearms cannot exploit loopholes and purchase
guns through an unregulated sale at a gun show, on line, or
from an unlicensed seller. In addition, individuals would no
longer be able to cross state lines solely to purchase a
firearm in a state with less stringent background checks.
Closing these background check loopholes is critical to
reducing gun violence throughout the United States.
Additionally, H.R. 1446 / S. 591 the Enhanced Background
Checks Act / Background Check Completion Act would provide
the FBI more time to complete background checks and ensure
that people prohibited from possessing firearms are not able
to obtain them by default because of an incomplete background
check. This deadly loophole in existing law was exploited by
a white supremacist who killed nine people at the Mother
Emanuel AME Church in Charleston, South Carolina.
Oregon adopted universal background checks in 2015 which we
strongly supported. However, our citizens are still
vulnerable to the importation of firearms from states with
less stringent laws. We need federal legislation that will
apply to all.
We urge you to pass H.R. 8 / S. 529 the Bipartisan
Background Checks Act / Background Check Expansion Act and
H.R.1446 / S. 591 the Enhanced Background Checks Act /
Background Check Completion Act, as soon as possible.
Sincerely,
Paul Kemp,
President.
____

States United To

Prevent Gun Violence,

March 5, 2021.
Hon. Chuck Schumer,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Kevin McCarthy,
Republican Leader,
House of Representatives, Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker
Pelosi, and Leader McCarthy: States United to Prevent Gun
Violence is a group of 32 state affiliates across the United
States that work on Gun Violence Prevention. We come from all
areas of this country. Urban, rural, and, suburban. We
believe that gun violence is a public health problem, and,
that the legislation proposed will prevent many communities
from suffering the trauma of gun violence.
Since 1993, the National Instant Criminal Background Check
System (NICS) has conducted firearm background checks on gun
purchasers. Federally licensed dealers must run a check
through NICS to determine whether a potential buyer is
prohibited from purchasing firearms. If information in NICS
shows that a person is indeed prohibited, the dealer must
deny the sale.
However, there is a loophole in federal law and no
background check is required for sales at gun shows, through
online marketplaces, or between private individuals.
Individuals who would otherwise be prohibited from purchasing
or possessing a gun can easily buy guns through such
unregulated sales. And the frequency of these unregulated
sales is concerning: recent studies indicate that
approximately 22 percent of firearms are purchased without a
background check, and up to 80% of firearms used in crimes
are obtained without a background check.
H.R. 8 / S. 529 the Bipartisan Background Checks Act /
Background Check Expansion Act would require a background
check on every sale, ensuring that people prohibited from
purchasing firearms cannot exploit loopholes and purchase
guns through an unregulated sale at a gun show, online, or
from an unlicensed seller. In addition, individuals would no
longer be able to cross state lines solely to purchase a
firearm in a state with less stringent background checks.
Closing these background check loopholes is critical to
reducing gun violence throughout the United States.
Additionally, H.R. 1446 / S. S. 591 the Enhanced Background
Checks Act / Background Check Completion Act would provide
the FBI more time to complete background checks and ensure
that people prohibited from possessing firearms are not able
to obtain them by default because of an incomplete background
check. This deadly loophole in existing law was exploited by
a white supremacist who killed nine people at the Mother
Emanuel AME Church in Charleston, South Carolina.
We know that in many of our states we have not been able to
pass any form of gun Violence Prevention Bills. If passed
these Bills would bring immediate relief to all Americans
from most forms of gun Violence.
We urge you to pass H.R. 8 / S. 529 the Bipartisan
Background Checks Act / Background Check Expansion Act and
H.R. 1446 / S. 591 the Enhanced Background Checks Act /
Background Check Completion Act, as soon as possible.
Sincerely,

Clai Lasher-Sommers,

Executive Director,
States United to Prevent Gun Violence.
____

Major Cities Chiefs Association,

[[Page H1291]]

prohibited from purchasing firearms cannot exploit loopholes
and purchase guns through an unregulated sale at a gun show,
online, or from an unlicensed seller. In addition,
individuals would no longer be able to cross state lines
solely to purchase a firearm in a state with less stringent
background checks. Closing these background check loopholes
is critical to reducing gun violence throughout the United
States.
Many MCCA members are experiencing a significant uptick in
gun violence in their cities. The MCCA's most recent Violent
Crime Survey, which showed a nationwide rise in both
homicides and aggravated assaults in 2020, supports these
reports. Ensuring background checks for all gun sales and
transfers will save lives by helping keep firearms out of the
hands of those who are not permitted to have them under the
law. It will also be a critical step in combatting the
epidemic of gun violence currently plaguing our country.
Gun violence is more than just a public safety issue; it's
an officer safety issue as well. MCCA members, and law
enforcement agencies all across the country, have had far too
many officers killed or wounded in the line of duty by
individuals who should have been prohibited from purchasing a
firearm. We must enact policies at the national level to help
ensure these brave men and women return home safely after
their shifts.
The MCCA urges Congress to pass H.R. 8/S.B. 529, the
Bipartisan Background Checks Act of 2021 /Background Check
Expansion Act, as soon as possible. Please do not hesitate to
contact me if the MCCA can be of any assistance.
Sincerely,

Chief Art Acevedo,

Chief, Houston Police Department,
President, Major Cities Chiefs Association.
____

March 3, 2021.
Hon. Chuck Schumer,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Kevin McCarthy,
Republican Leader, House of Representatives,
Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker
Pelosi, and Leader McCarthy: We write to you in support of
H.R. 8/S. 529 the Bipartisan Background Checks Act. As
physicians, we believe that gun violence and its associated
traumas are a public health crisis, and that Congress must
enact meaningful legislation to help reduce gun violence in
our communities. In 2019, 39,707 people died from gun
violence. Tragically, the pandemic and resulting economic
fallout may further exacerbate this public health crisis.
Experts have suggested that the pandemic may drive increases
in suicides, domestic violence, and community violence in the
coming years. Several loopholes in federal law--and the
background check system in particular--are not sufficient to
prevent individuals who are ineligible to own a firearm from
purchasing one. The Bipartisan Background Checks Act would
enact universal background checks, closing these dangerous
loopholes by ensuring that a background check happens on
every firearms sale.
The American Medical Women's Association has been the voice
and vision of women in medicine since 1915. Time and time
again, AMWA, as an organization, stands to decrease the
burden of gun related fatalities and violence. AMWA
acknowledges gun violence for what it really is: a deadly
epidemic resulting in substantial morbidity and mortality for
our patients.
Since 1993, the National Instant Criminal Background Check
System (NICS) has conducted firearm background checks on gun
purchasers. Federally licensed dealers must run a check
through NICS to determine whether a potential buyer is
prohibited from purchasing firearms. If information in NICS
shows that a person is indeed prohibited, the dealer must
deny the sale.
However, no background check is required for sales at gun
shows, through online marketplaces, or between private
individuals. Individuals who would otherwise be prohibited
from purchasing or possessing a gun can easily buy guns
through such unregulated sales. And the frequency of these
unregulated sales is concerning: recent studies indicate that
approximately 22 percent of firearms are purchased without a
background check, up to 80% of firearms used in crimes are
obtained without a background check.
H.R. 8/S. 529 the Bipartisan Background Checks Act/
Background Check Expansion Act would require a background
check on every sale, ensuring that people prohibited from
purchasing firearms cannot exploit loopholes and purchase
guns through an unregulated sale at a gun show, online, or
from an unlicensed seller. In addition, individuals would no
longer be able to cross state lines solely to purchase a
firearm in a state with less stringent background checks.
Too often, our patients and our communities bear witness to
the terrible tragedies that occur when people use guns to
harm themselves or others. Gun violence is a complex public
health issue that will require a comprehensive solution;
enacting universal background checks is an important first
step. Our support for universal background checks comes from
our desire to save lives and protect our patients.
We urge you to pass H.R. 8/S. 529 the Bipartisan Background
Checks Act/Background Check Expansion Act, as soon as
possible.
Sincerely,

Theresa Rohr-Kirchgraber, MD,

FACP, FAMWA,
Chair, Advocacy Committee AMWA.
____

Members of the 117th Congress: We, the undersigned
organizations, strongly urge you to cosponsor and quickly
pass H.R. 8, the Bipartisan Background Check Act, and S. 529,
the Background Check Expansion Act, to expand Brady
Background Checks to cover all firearm transactions, as well
as H.R. 1446, the Enhanced Background Checks Act of 2021, to
close a dangerous gap in law that allows thousands of
prohibited individuals to purchase firearms every year.
Since the Brady Law was enacted in 1994, more than 3.5
million prohibited firearm transactions have been prevented.
In 2015 alone, an average of 619 individuals per day were
deemed by law to be too dangerous to possess a firearm and
were blocked by the system.
Background checks are conclusively effective and have saved
countless lives. However, because only federally licensed
firearms dealers are required to conduct these checks, an
estimated one in five gun sales or transfers--those conducted
by private sellers, including sales online and at gun shows--
are completed without a background check. Without background
checks it is almost impossible to keep guns out of the hands
of prohibited individuals or to hold illegal gun dealers
accountable.
H.R. 8 and S. 529 will make us all safer by requiring a
background check for virtually every firearm sale and
transfer. The bills include narrow, reasonable exceptions
like transfers among close family members and short-term gun
loans among hunters and sport shooters. The legislation does
nothing to impede lawful gun purchases, while closing off a
wide and well-known avenue for illegal transactions by
prohibited, and often dangerous, buyers. It is past time to
expand lifesaving background checks to every gun sale, and
the public agrees: more than 90 percent of Americans,
including large majorities of gun owners, support universal
background checks.
Likewise, it has been over five years since a prohibited
person massacred nine parishioners at the Emanuel AME Church
in Charleston, South Carolina, with a gun purchased at a
licensed firearms dealer and it is far past time for Congress
to take action to fix this gap in law.
Under current law, a licensed dealer may transfer a gun to
a buyer after three business days even if the background
check has yet to determine whether that buyer is legally
eligible to purchase a gun, now known commonly as the
``Charleston Loophole.'' According to FBI data, thousands of
guns are sold each year through this loophole to individuals
who are prohibited from possessing firearms--over 43,000
since 2008. In the last decade an average of 10 prohibited
individuals have been able to purchase guns at licensed
firearms dealers through the Charleston Loophole every single
day.
H.R. 1446 will prevent the sale of firearms to prohibited
individuals by providing the FBI with additional time to
complete background checks--allowing the system to better
focus its resources and efforts, and provide accurate
dispositions to federally licensed firearms dealers. This
legislation will have a tremendous impact on public safety
while ensuring that lawful gun owners are not subject to
indefinite bureaucratic delay.
We urge you to act quickly to pass these life-saving pieces
of legislation.
Sincerely,
American Federation of Teachers (AFT), American Medical
Student Association (AMSA), American Public Health
Association (APHA), Amnesty International, Bishops United
Against Gun Violence, Brady, Children's Defense Fund (CDF),
Docs Demand Action, Doctors for America (DFA), End Citizens
United (ECU), Friends Committee on National Legislation
(FCNL), Major Cities Chiefs Association (MCCA), MomsRising.
National Association of Social Workers (NASW), National
Education Association (NEA), National Network of Public
Health Institutes (NNPHI), National Organization of Black
Law, Enforcement Executives (NOBLE), National PTA, Physicians
for Social Responsibility (PSR), Public Citizen, Team Enough,
The King Center, This Is Our Lane, Union for Reform Judaism
(URJ), U.S. Conference of Mayors, VoteVets.
____

National Police Foundation,

[[Page H1292]]

advocated strongly for and continues to support common sense
responses to America's gun violence problem. Addressing and
strengthening our system of background checks is long overdue
and it is my belief that H.R. 8/S.B. 529 can address these
issues and is worthy of full consideration.
Since 1993, the National Instant Criminal Background Check
System (NICS) has conducted firearm background checks on gun
purchasers. Federally licensed dealers must run a check
through NICS to determine whether a potential buyer is
prohibited from purchasing firearms. If information in NICS
shows that a person is indeed prohibited, the dealer must
deny the sale.
However, there is a loophole in federal law and no
background check is required for sales at gun shows, through
online marketplaces, or between private individuals.
Individuals who would otherwise be prohibited from purchasing
or possessing a gun can easily buy guns through such
unregulated sales. And the frequency of these unregulated
sales is concerning: recent studies indicate that
approximately 22 percent of firearms are purchased without a
background check, and up to 80 of firearms used in crimes are
obtained without a background check.
H.R. 8/S.B. 529 the Bipartisan Background Checks Act/
Background Check Expansion Act would require a background
check on every sale, ensuring that people prohibited from
purchasing firearms cannot exploit loopholes and purchase
guns through an unregulated sale at a gun show, online, or
from an unlicensed seller. In addition, individuals would no
longer be able to cross state lines solely to purchase a
firearm in a state with less stringent background checks.
Closing these background check loopholes is critical to
reducing gun violence throughout the United States.
The women and men serving on America's front lines deserve
the support that these bills will provide. Beyond data and
research, common sense tells us that the solutions offered in
H.R. 8/S.B. 529 are needed and will make a difference. We
urge you to pass H.R. 8/S.B. 529 the Bipartisan Background
Checks Act /Background Check Expansion Act, as soon as
possible.
Sincerely,
James H. Burch, II,
President.
____

March 4, 2021.
Hon. Chuck Schumer,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Kevin McCarthy,
Republican Leader, House of Representatives,
Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker
Pelosi, and Leader McCarthy: March for Our Lives Colorado
(MFOL CO) has been pushing for common-sense gun laws for our
state since 2019. MFOL CO's mission is to prevent gun
violence in Colorado by engaging youth in the legislative
process to further safety measures to protect ourselves and
our fellow classmates. As such, we strongly endorse H.R. 8
for its potential to prevent gun-related violence. In 2013,
Colorado passed House Bill 13-1229, resulting in the passage
of universal background checks for firearm sales through
unlicensed sellers in response to devastating events of gun
violence in both Colorado and across the nation. According to
the Colorado Bureau of Investigation, 2019 alone resulted in
the rejection of 2.11% of sales (3,477 firearm sales) through
unlicensed sellers due to indicators on background checks
that suggest the guns would potentially be misused, showing
that UBC laws have the empirical ability to keep guns from
individuals who might misuse them.
Since 1993, the National Instant Criminal Background Check
System (NICS) has conducted firearm background checks on gun
purchasers. Federally licensed dealers must run a check
through NICS to determine whether a potential buyer is
prohibited from purchasing firearms. If information in NICS
shows that a person is indeed prohibited, the dealer must
deny the sale.
However, there is a loophole in federal law and no
background check is required for sales at gun shows, through
online marketplaces, or between private individuals.
Individuals who would otherwise be prohibited from purchasing
or possessing a gun can easily buy guns through such
unregulated sales. And the frequency of these unregulated
sales is concerning: recent studies indicate that
approximately 22 percent of firearms are purchased without a
background check, and up to 80% of firearms used in crimes
are obtained without a background check.
H.R. 8/S. 529 the Bipartisan Background Checks Act/
Background Check Expansion Act would require a background
check on every sale, ensuring that people prohibited from
purchasing firearms cannot exploit loopholes and purchase
guns through an unregulated sale at a gun show, online, or
from an unlicensed seller. In addition, individuals would no
longer be able to cross state lines solely to purchase a
firearm in a state with less stringent background checks.
Closing these background check loopholes is critical to
reducing gun violence throughout the United States.
Additionally, H.R. 1446/S. 529 the Enhanced Background
Checks Act/ Background Check Completion Act would provide the
FBI more time to complete background checks and ensure that
people prohibited from possessing firearms are not able to
obtain them by default because of an incomplete background
check. This deadly loophole in existing law was exploited by
a white supremacist who killed nine people at the Mother
Emanuel AME Church in Charleston, South Carolina.
H.R. 8 will save lives through increased background checks
for unlicensed sales in the United States. Our organization's
first-hand experience with gun violence in our youths brings
a grave brevity to our support of H.R. 8. March For Our Lives
was forged to call for action against the violence that has
plagued our nation. We call on you now to pass these bills to
protect millions of student lives across the United States.
We urge you to pass H.R. 8/S. 529 the Bipartisan Background
Checks Act/Background Check Expansion Act and H.R. 1446/S.
529 the Enhanced Background Checks Act/Background Check
Completion Act, as soon as possible.
Sincerely,
March For Our Lives Colorado.
____

American Psychological

Association Services, Inc.,

March 8, 2021.
Hon. Chuck Schumer,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Kevin McCarthy,
Republican Leader, House of Representatives,
Washington, DC.
Dear Majority Leader Schumer, Leader McConnell, Speaker
Pelosi, and Leader McCarthy: On behalf of the American
Psychological Association (APA), I write to express our
support of H.R. 8/S. 529 the Bipartisan Background Checks Act
of 2021. This important legislation would address our
nation's gun violence public health crisis by closing pre-
existing loopholes that allow for unlicensed gun sellers to
avoid comprehensive background checks on firearms sales.
APA is the largest scientific and professional organization
representing psychology in the United States with nearly
122,000 researchers, educators, clinicians, consultants, and
students. Our mission is to advance the creation,
communication, and application of psychological knowledge to
benefit society and improve people's lives. APA advocates for
a public health approach to gun violence prevention,
supporting evidence-based programs and policies that can
reduce the occurrence and impact of firearm-related violence
in the United States.
Research demonstrates almost 80% of all firearms acquired
for criminal purposes are obtained through transfers from
unlicensed sellers and 96% of persons incarcerated for gun
offenses who were already prohibited from possessing a
firearm at the time of the offense obtained their firearm
from an unlicensed seller. Moreover, states that only require
background checks on sales through federally licensed
firearms dealers showed higher rates of adolescents who carry
guns than states that require universal background checks on
all prospective gun buyers.
Thank you for your work to prevent gun violence tragedies.
Sincerely,

Brian D. Smedley, Ph.D.,

Chief of Psychology in the Public Interest,
American Psychological Association.
____

American College of Physicians,

March 4, 2021.
Hon. Michael Thompson,
House of Representatives,
Washington, DC.
Dear Rep. Thompson: On behalf of the American College of
Physicians (ACP), I am writing to offer our strong support
for the Bipartisan Background Checks Act of 2021 (H.R. 8),
legislation introduced in the 117th Congress to expand and
enhance the National Instant Criminal Background Check System
(NICS). We applaud your continued efforts to reduce firearms-
related violence through common sense legislation. As an
organization representing physicians who have first-hand
experience with the devastating impact on the health of their
patients resulting from firearms-related injuries and deaths,
we have a responsibility to be part of the solution in trying
to mitigate firearms-related tragedies. We stand ready to
work with you to advance this important legislation.
The American College of Physicians is the largest medical
specialty organization and the second-largest physician
membership society in the United States. ACP members include
163,000 internal medicine physicians (internists), related
subspecialists, and medical students. Internal medicine
physicians are specialists who apply scientific knowledge and
clinical expertise to the diagnosis, treatment, and
compassionate care of adults across the spectrum from health
to complex illness.
We remain alarmed by the tragic toll of firearms violence
in our neighborhoods, homes, workplaces, and public spaces.
Deaths and injuries from firearms are not just a result of
mass shootings, they are a daily occurrence; in 2019, 39,707
Americans lost their lives to firearms, according to the
Centers for Disease Control and Prevention. This issue
represents an urgent public health

[[Page H1293]]

crisis and now is the time to act, on a bipartisan basis, on
measures to improve the safety of all Americans.
The Bipartisan Background Checks Act would strengthen the
accuracy and reporting of the National Instant Criminal
Background Check System (NICS) as well as expand Brady
background checks to cover all firearm sales, including
unlicensed firearms sellers currently not required to use
background checks. Examples of gun sales not requiring
background checks through NICS include those at gun shows,
through the internet, and between private individuals or
classified ads. With some exceptions, the legislation would
expand background checks to cover all private and commercial
firearm transfers and sales. In addition, because gun sellers
would now be required to perform background checks for all
sales and transfers, gun purchasers would no longer be able
to cross state lines to buy firearms in a state with less
rigorous background check laws.
In conclusion, for more than 20 years, we ACP has urged the
adoption of policies to reduce deaths and injuries related to
firearms violence. A brief summary of ACP's updated position
paper on this issue can be found here. We remain committed to
this endeavor and we call on Congress to pass H.R. 8 as a
necessary first step in addressing the public health crisis
created by firearms violence.
Sincerely,
Jacqueline W. Fincher, MD, MACP,
President.

Mr. THOMPSON of California. On this bill we have coauthors who are
Democrats and Republicans, cops, hunters, gun owners, district
attorneys, a former FBI agent, and veterans, who have served in combat
and put their lives on the line to protect our Second Amendment.
There is bipartisan support for universal background checks in
Congress and near universal support for background checks from the
American people.
I urge my colleagues to vote ``yes'' on H.R. 8.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Georgia (Mr. Hice).
Mr. HICE of Georgia. Mr. Speaker, I thank my good friend from Ohio
for yielding.
Look, bottom line is, we all know that by definition criminals don't
abide by the law. And that applies also when they are purchasing
firearms. Nothing in this bill prohibits this type of individual from
obtaining firearms.
In fact, the majority of individuals in prison for committing crimes
with firearms obtain their firearms through theft, the underground
market, family members, and the like.
But what this bill does is threaten everyday American citizens with
up to a year in prison and a $100,000 fine for exercising their Second
Amendment right in doing common practices.
To say that this does not create a national gun registry, you cannot
accomplish what is in this bill without a gun registry.
The reality is universal background checks do not stop mass
shootings. We do not have mass shootings because of lack of background
checks. This bill will not make our communities safer. In fact, what it
will do is cause law-abiding citizens to lose more of their Second
Amendment rights.
We shouldn't be focused here in Congress in taking those rights away.
We actually should be strengthening the enforcement of laws we already
have to make our communities safer.
I stand with the Constitution and urge my colleagues to vote against
H.R. 8.
Mr. NADLER. Mr. Speaker, the fact is that 160 families every day buy
guns. All this bill does is to say that people who obtain guns from
unlicensed dealers, as well as licensed dealers, must be subject to the
background check, and that will save a heck of a lot of lives.
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for yielding.
You know, our friends on the other side of the aisle are deadly
wrong. That is the tragedy of their argument, because the Second
Amendment does not prohibit regulation. It never did. And our Founding
Fathers regulated guns as early as the beginning of this Nation.
And so I rise in support of H.R. 8, and indicate while the COVID-19
pandemic dominated news headlines in 2020, the number of shootings
surged in many communities across America.
Our public health and emergency resources have been straining to
recover from the coronavirus, and budgets are crunched nationwide, and,
as well, gun violence is rising. It is important to note because
approximately 80 percent of firearms used for criminal purposes are
obtained without a background check.
We must strengthen our firearms background checks and close dangerous
gaps, such as the online sale and gun show loopholes.
In the data that we were able to secure, there was nearly one mass
shooting per day in the United States: 355 mass shootings in 2018. We
realize that since December 2012 there have been at least 1,518 mass
shootings with at least 1,715 people killed.
Each day an average of 92 Americans are victims of gun violence,
resulting in more than 33,000 deaths. And I wonder why our friends
could not feel the pain of the loss of guns being transferred illegally
or improperly?
I was here for Columbine. That happened on April 20, 1999. High
school students losing their lives. I was here when babies were killed
in Newtown, Connecticut, on December 12, 2012. I was here in the United
States Congress each moment we tried to pass sensible gun legislation
like H.R. 8.
Mr. Speaker, I thank Chairman Thompson for his leadership and
Chairman Nadler.
On February 14, 2018 I was here for Parkland and looked at these
photographs. And as well I was here on May 18 when in San Jose, Texas,
people died. It is time to pass H.R. 8. Stop seeing our children die.
Mr. Speaker, I rise in strong support of H.R. 8, the ``Bipartisan
Background Checks Act of 2021'' and H.R. 1446, the ``Enhanced
Background Check Act of 2021,'' which would make it illegal for any
person who is not a licensed firearm importer, manufacturer, or dealer
to transfer a firearm to any other person who is not so licensed
without a background check.
A 2013 study found that approximately 80 percent of all firearms
acquired for criminal purposes were obtained from sources who were not
required to run a background check, and that 96 percent of inmates who
were not prohibited from possessing a firearm at the time they
committed their crime obtained their gun this way.
This loophole exists largely because unlicensed sellers need not
conduct any background check under current law, even if the seller
sells a large number of guns.
Under H.R. 8, the ``Bipartisan Background Checks Act of 2021,''
individuals seeking to transfer a firearm under this measure would be
required to visit a licensed firearms dealer to run the necessary
background check before the transfer could be finalized.
H.R. 8 is intended to provide an accurate and speedy manner to ensure
firearms do not end up in the wrong hands.
An internal assessment by the Federal Bureau of Investigation (FBI)
demonstrated that NICS background checks are approximately 99.3 percent
to 99.8 percent accurate, and in 90 percent of cases, are processed
within 90 seconds.
I am particularly pleased that the rule reported by Rules Committee
makes in order Jackson Lee Amendment No. 12 to H.R. 8, which makes
clear that a gun owner who realizes that he or she is at risk of
suicide may transfer the gun to someone else, if the risk is imminent,
without a background check to prevent self-harm.
The Jackson Lee Amendment will help ensure that no person who is
experiencing a suicidal crisis will feel compelled to retain their gun
when it would be better for them to temporarily transfer it to someone
else.
Mr. Speaker, the American people are demanding effective action to
reduce, if not prevent altogether, the countless mass shootings and gun
violence in our country that continue to claim so many innocent lives.
Newly released data from the Centers for Disease Control (CDC) and
Prevention found firearm-related deaths rose for the second-straight
year in 2016, largely due to spikes in gun violence.
In 2016, the new CDC report on preliminary mortality data shows that
there were more than 38,000 gun-related deaths in the U.S.--4,000 more
than 2015.
An Associated Press analysis of FBI data shows there were about
11,000 gun-related homicides in 2016, up from 9,600 in 2015.
Congress must act to keep our country safe through gun safety and
violence deterrence.
There is nearly one mass shooting per day in the United States--355
mass shootings in 2018.
In December 2012, a gunman walked into Sandy Hook Elementary School
in Newtown, Connecticut, and killed 20 children, 6 adults, and himself.
Since December 2012, there have been at least 1,518 mass shootings,
with at least 1,715 people killed and 6,089 wounded.

[[Page H1294]]

On the night of October 1, 2017, a gunman opened fire on a large
crowd of concertgoers at the Route 91 Harvest music festival on the Las
Vegas Strip, leaving 58 people dead and 527 injured.
And on November 5, 2017, a mass shooting occurred at the First
Baptist Church in Sutherland Springs, Texas, where the gunman, 26-year-
old Devin Patrick Kelley, killed 26 and injured 20 others.
Every day, on average, 92 Americans are victims of gun violence,
resulting in more than 33,000 deaths annually.
States with higher gun ownership rates have higher gun murder rates--
as much as 114 percent higher than other States.
A recent study by the Centers for Disease Control and Prevention,
looking at 30 years of homicide data, found that for every 1 percent
increase in a State's gun ownership rate, there is a nearly 1 percent
increase in its firearm homicide rate.
Gun death rates are generally lower in States with restrictions such
as safe storage requirements or assault weapons bans.
Mass shootings stopped by armed civilians in the past 33 years: 0.
Because more than 75 percent of the weapons used in mass shootings
between 1982 and 2012 were obtained legally, stronger legislation is
needed to prevent guns from getting into the wrong hands.
Mr. Speaker, enhancing the gun transfer background check system has
consistently garnered broad public support, as high as 92 percent,
because the American people know that the status quo is simply
intolerable and action must be taken to reduce gun violence by keeping
dangerous persons from obtaining deadly weapons.
That begins with passing H.R. 8, the Bipartisan Background Checks Act
of 2021,'' and H.R. 1446, the ``Enhanced Background Check Act of
2021,'' and I urge all members to join me in voting for its passage.
Mr. Speaker, I rise in strong support of H.R. 8, the ``Bipartisan
Background Checks Act of 2021,'' and urge its quick adoption.
While the COVID-19 pandemic dominated news headlines in 2020, the
number of shootings surged in many communities across America.
Our public health and emergency resources have been straining to
respond to the coronavirus crisis. Budgets are being crunched
nationwide. Across the country, cities and states are struggling to
find the resources to simultaneously address the pandemic and rising
rates of gun violence.
We must take the steps that we know will make us safer.
Because approximately 80 percent of firearms used for criminal
purposes are obtained without a background check, we must strengthen
our firearms background check system and close dangerous gaps, such as
the online sale and gun show loopholes.
Reducing gun violence starts with making sure that individuals who
may not lawfully possess guns do not get their hands on them.
Our citizens overwhelmingly support this measure, and it is critical
we pass it today and enact it into law.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Utah (Mr. Owens).
Mr. OWENS. Mr. Speaker, I rise today in opposition to H.R. 8 and H.R.
1446.
In this last week I received over 1,000 emails from constituents in
strong opposition to these antigun bills. Here is a sample:
``H.R. 8 will make it impossible to sell or loan guns to my relatives
and trusted friends.''
``These bills appear designed to impose restrictions on natural
rights guaranteed by the U.S. Constitution.''
And finally, ``Stand for our rights and oppose these measures with
every tool in your grasp.''
I absolutely will fight these measures with every tool in my grasp.
These rights protect my life, liberty, and property granted to me by
God and cannot be taken away from me by D.C. bureaucrats.
I grew up in the Deep South at a time when Black Americans were
unable to defend themselves. After the Civil War, Black Codes and Jim
Crow laws prohibited people of color from owning firearms.
In the mid-1950s, Martin Luther King, Jr., kept firearms for self-
protection, but his application for a concealed weapon permit was
denied because of racist gun control laws in his State.
As a child, my dad witnessed an altercation between his father and a
southern White man who thought my grandfather was being disrespectful
and threatened to teach him a lesson. Later that night he drove up to
my grandfather's home with a bunch of his friends standing on the
forerunner of a Model T Ford.
My grandfather was prepared. He and his brothers had hidden around
his front porch. As these bullies and cowards approached the house,
they heard the click of rifles and left just as fast as they came.
Without ever firing his gun on another human being, my grandfather's
right to own a firearm ensured his rights to protect his life, liberty,
and property.
I urge my colleagues to vote against these anti-Second Amendment
bills.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. Swalwell).
Mr. SWALWELL. Mr. Speaker, I thank Mr. Thompson for this legislation
because it takes the most dangerous weapons out of the hands of the
most dangerous people.
I have heard from my colleagues on the other side of the aisle about
rights. Let's talk about some other rights in this country, like the
right to pray in church, the right to dance at a party, the right to
come home from a concert, the right to come back home safely and alive.
Those are rights that matter, too.
And I am for this because I think about a mother who told me a couple
years ago to keep fighting on this issue because every day when she
puts her children in the car and sends them off to school, before they
get out the car, she closes her eyes to remember what they were wearing
because she was afraid that one day she may have to identify them.
This bill says we don't have to live that way anymore. The right to
come home alive is greater than any right that is being put forward by
the other side.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, we have been told that 90 percent of
Americans support this bill. Well, that is because 99.99 percent of
Americans have not read this bill.
And we are told, yet again, that this will save lives. And, yet,
there is not one single mass killing that has been brought up here
today that would have been prevented by this bill.
And yet over and over we have people come in here, usually they mean
well; look, this will protect people when the fact is that they can't
point to any of these mass killings they talk about that would have
been prevented.
So let's talk about lives that would be saved. Think about the people
that are shot every day and would their situation be different if they
were not finding it so difficult to legally get a gun?
I mean, we had thousands of felony cases that came through my court,
and we tried a lot of those cases. Over and over you hear, the
criminals are not obeying the law. They are not going to follow the
law. They got their guns illegally. And this will not change at all any
of those people we tried and convicted for getting guns. They steal
them. They buy them from other people that stole them. They don't obey
the law. That is why they are criminals. So quit penalizing the
American people.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Maryland (Mr. Raskin).
Mr. RASKIN. Mr. Speaker, Americans are 25 more times more likely to
die from gun violence than people who live in other developed
countries, and on that point our perpetually outraged and indignant
colleagues have absolutely nothing to say.
We lose 38,000 people a year, more than 100 people a day. From
Newtown, Connecticut, to El Paso, Texas, gun violence is ripping the
heart out of our social contract, making life for more Americans nasty,
poor, solitary, brutish; in short, a Hobbesian state of war.
H.R. 8 will close three gaping loopholes in the law; the gun shows
loophole, the internet loophole, and the private sale loophole, cutting
down precisely on the traffic in illegal guns, which our colleagues
cite as the source of criminal gun violence.
In opposing the American Rescue Plan, they voted against science. In
opposing H.R. 1, they voted against democracy. And now in opposing H.R.
8, they are voting against public safety and the social contract
itself. What a moral collapse for a once-great party.

{time} 1445

Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Arizona (Mr. Biggs).

[[Page H1295]]

Mr. BIGGS. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the last 2 weeks, the majority has attacked the First
Amendment, and now they are attacking the Second Amendment.
H.R. 8 will not save lives. As Justice Scalia noted in his decision
in Heller, the Second Amendment does not give Americans a right; it
protects a preexisting right, and that right shall not be infringed.
H.R. 8 would not have prevented recent shootings. In Parkland, the
shooter acquired the firearm legally from an FFL after undergoing a
NICS check. The same thing in Sutherland Springs, Texas; the same in
Las Vegas, Nevada; and the same in Orlando. I could go on because the
list would produce the same result. They got their guns after a
background check, including in El Paso.
Criminals who seek to do harm get guns regardless of the new
restrictions imposed by H.R. 8. And with very limited exceptions, H.R.
8 makes it illegal for Americans to get a gun if a nonlicensed
importer, manufacturer, or dealer is not involved. How will the
government know if an illegal transfer occurs? Without a registry, this
bill is unenforceable.
Mr. Speaker, I have heard supporters of this bill say that other
countries have similar restrictions so we should, too. I counter with
the fact that other countries do not have the Second Amendment. The
Second Amendment was included to ensure that the United States would be
different than other countries.
Mr. Speaker, I oppose this bill, and I urge my colleagues to do the
same.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Washington (Ms. Jayapal).
Ms. JAYAPAL. Mr. Speaker, I rise in strong support of H.R. 8, the
Bipartisan Background Checks Act. This bill is among the most
commonsense gun violence prevention reforms, requiring background
checks for unlicensed sellers.
Mr. Speaker, this is not complicated. This is simple. Under H.R. 8,
people who wish to transfer a firearm would have to visit a licensed
firearm dealer to run a background check before the transfer could be
finalized.
Most of these checks take 90 seconds, 90 seconds to prevent firearms
from ending up in the wrong hands, 90 seconds to prevent more of our
loved ones from being killed by gun violence.
I am proud to be from Washington State, where voters have
consistently tackled gun violence with commonsense reforms, passing one
of the first, most comprehensive background check laws in 2014 and
raising the legal age to purchase a semiautomatic rifle to 21 in 2018.
Mr. Speaker, let's do this. To save lives, vote ``aye.''
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
California (Mr. McClintock).
Mr. McCLINTOCK. Mr. Speaker, H.R. 8 is brought to us by the same
organizations and politicians who have made no secret of their
intention ultimately to strip law-abiding citizens of their right to
defend themselves. Now, they know they can't do it outright, so they do
it through cynical measures like this, which weave a web of laws so
intricate that, sooner or later, everyone can be caught up in them.
This law affects not only sales but any transfer of a weapon for any
period of time. A couple of years ago, a 10-year study by Johns Hopkins
and UC Davis concluded that California's background check law had no
effect on gun homicides or suicides. None.
The purpose of this bill is not public safety. That is its deceptive
facade. Its purpose is to make gun ownership so legally hazardous, so
fraught with legal boobytraps and draconian penalties, that no honest
and law-abiding citizen would ever want to take the risk.
Most criminals already get their guns illegally. They are
unconstrained by laws like this. This bill is aimed squarely at law-
abiding citizens, moving us closer to a society where decent people are
defenseless and armed criminals are kings.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Georgia (Mrs. McBath).
Mrs. McBATH. Mr. Speaker, 2 years ago, I came to Congress, and one of
my first actions as a Member was cosponsoring this bipartisan
legislation that will save lives.
Mr. Speaker, I know the pain of gun violence firsthand. Eight years
ago, I lost my son, Jordan, a victim of a gun in the wrong hands.
With this legislation, we empower law enforcement to keep guns from
those who might do harm by simply requiring a background check whenever
a gun is sold. This is commonsense legislation that will prevent more
families from knowing the pain of losing a loved one to gun violence.
Just like 2 years ago, our vote today is a beginning, and it is
definitely not the end. In again passing this commonsense bipartisan
legislation, we call on our colleagues in the Senate to do what is
right to keep America's families safe.
Mr. Speaker, I am proud once again to stand in support of this
legislation as a survivor of gun violence myself.
Mr. Speaker, Congress refusing to pass this vital legislation would
be America's shame and burden for generations to come.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Colorado (Mrs. Boebert), the co-chair of the Second Amendment
Caucus.
Mrs. BOEBERT. Mr. Speaker, I thank the ranking member, Jim Jordan,
for yielding.
Mr. Speaker, I was raised in a Democrat home, so I understand how
these policies are deceiving. I understand that we are told guns are
scary. That is what we were told, and that is what we believed, because
we trusted the people who we voted for. But just as with most things in
life, I grew up and learned that there is a better way to live. I was
ignorant to firearms and the proper use of them.

Mr. Speaker, when I became a business owner, I needed to protect
myself. There was an altercation outside of my restaurant, where a man
was physically beat to death. There were no weapons involved. He was
beaten to death by another man's hands.
I have a lot of young girls who work in my restaurant, and we needed
an equalizer. I am 5 feet tall. I weigh barely 100 pounds. I need
something against a stronger potential aggressor to defend myself with.
Talk about women's rights. Don't take my right away to protect
myself.
I mean, seriously, what are we doing here? I ask the supporters of
this legislation, who do you think you are to disarm Americans and
leave them vulnerable without help?
You want to defund our police and yet leave us without a way to
protect ourselves.
Our Founding Fathers gave us a list of items. They said don't touch
these things. And I am telling you, keep your hands off of our Second
Amendment.
The SPEAKER pro tempore (Mr. Butterfield). Members are reminded to
address their remarks to the Chair.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Pennsylvania (Ms. Dean).
Ms. DEAN. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I am assuming our colleague on the other side of the
aisle can pass a background check, so she will have no inability to
have a gun.
Mr. Speaker, I rise in support of H.R. 8, the Bipartisan Background
Checks Act, because even as we manage a deadly pandemic, gun violence
continues to plague our Nation.
Every year, more than 130,000 people in this Nation are victims of
gun violence. Some 38,000 dead, another 100,000 caught in the
crossfire. In my home region in Philadelphia, 2,244 people were victims
of gun violence in the year 2020.
Mr. Speaker, death by guns doesn't mean only murders. Sadly, it also
means death by suicide using a firearm, which was the case in 62
percent of Pennsylvania's gun deaths last year. This is a public health
crisis.
The Bipartisan Background Checks Act requires a background check for
all gun sales, no loopholes, no backdoors, a commonsense solution
supported by a majority of Americans, including 89 percent of
Republicans and 87 percent of gun owners.
Mr. Speaker, let's find the courage to address the crisis. Let's save
lives. Let's pass the bill.
Mr. JORDAN. Mr. Speaker, the previous speaker talked about the
increase in violent crime in her neighborhood last year. Maybe if
Democrats actively supported our police and not

[[Page H1296]]

supported defund the police, maybe that wouldn't be the case.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Arizona
(Mrs. Lesko).
Mrs. LESKO. Mr. Speaker, I thank the gentleman, Mr. Jordan, for
yielding. Mr. Speaker, I rise in opposition to this bill.
H.R. 8 is an assault on our Second Amendment right to keep and bear
arms. The bill turns law-abiding citizens into criminals by subjecting
them to criminal penalties for simply lending a friend or a neighbor a
gun on a temporary basis.
Additionally, the bill would inevitably lead to a national gun
registry because, without a registry, the government has no way to
implement this legislation. This bill is certainly a slippery slope.
Most alarmingly, this bill does nothing, absolutely nothing, to stop
criminals from obtaining firearms. According to the Department of
Justice, less than 1 percent of criminals in prison who possessed a
firearm during their offense obtained the firearm from a licensed
dealer, meaning criminals would still have access to firearms under
this law.
Mr. Speaker, this bill is just the first of many steps to take away
our Second Amendment rights. I urge my colleagues to vote against this
bill.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Colorado (Mr. Neguse).
Mr. NEGUSE. Mr. Speaker, I thank the chair for yielding.
Mr. Speaker, I rise today for the more than 100,000 Americans who
every year are impacted by gun violence, and I rise today to give voice
to the overwhelming majority of the American people who support
universal background checks.
Communities in Colorado have experienced the tragedy and the grief of
gun violence far too many times--Columbine, Aurora, Highlands Ranch.
Mr. Speaker, enough is enough. We have lost too many parents,
friends, neighbors, students, and children to gun violence.
This Congress must act, which is why I support H.R. 8. We must act on
gun violence. We must pass H.R. 8, and we must send it to President
Biden's desk.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Cline).
Mr. CLINE. Mr. Speaker, enough is enough, which is why I rise in
strong opposition to H.R. 8 and to offer a motion to recommit the bill.
This bill is nothing more than a coordinated effort by the
authoritarian left to strip away the constitutional rights guaranteed
to Americans by the Second Amendment.
Instead of criminalizing the innocent actions of law-abiding gun
owners, American citizens, we should be focused on stopping real crime
in our local communities and enforcing the laws that are already on the
books.
One way we can do that is by ensuring that ICE is notified when
unlawful aliens attempt to purchase a firearm illegally. The FBI
reported just last month that NICS had over 10 million people listed as
an illegal alien. In fact, this ranks as the number one prohibited
category in the FBI's NICS Indices.
Since 1998, over 28,000 illegal aliens have been denied a firearm
after failing a NICS check. With over 2,700 in 2019 alone, this means
over 28,000 criminals have been allowed to stay in the United States
when ICE should have been alerted about their criminal act but were
not.

Mr. Speaker, H.R. 8 fails to do anything to prevent crime, which is
why I am offering this motion to recommit, so our Nation's laws are
enforced. And if you will recall, this MTR passed in 2019 with a strong
bipartisan majority.
Mr. Speaker, if we adopt the motion to recommit, we will instruct the
Committee on the Judiciary to consider my amendment to H.R. 8 to ensure
that the FBI alerts ICE anytime an illegal alien is denied a firearm
because of NICS.
Mr. Speaker, I ask unanimous consent to insert the text of my
amendment in the Record immediately prior to the vote on the motion to
recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Massachusetts (Ms. Clark).
Ms. CLARK of Massachusetts. Mr. Speaker, in 2016, after the tragic
Pulse nightclub shooting, I, with my colleagues, sat in protest on this
very floor with our friend, the late Congressman John Lewis. On that
day, Congressman Lewis told us: ``We have turned deaf ears to the blood
of the innocent and the concern of our Nation. We are blind to a
crisis.''
Mr. Speaker, nearly 5 years later, we have endured thousands of mass
shootings. We have mourned the loss of 100 people every single day to
suicide and homicide with guns.
Today's vote will improve the safety of our schools, our communities,
and our streets. It is a vote for kids, parents, veterans, and our
neighbors. I stand here today thinking of the many survivors and
families who have been waiting for this moment, and I think of my
friend, John, who told us to always speak out for the voiceless and act
boldly for justice.
Today, with this bill, we will do just that.

{time} 1500

Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Clyde).
Mr. CLYDE. Mr. Speaker, I rise to stand against H.R. 8.
This bill would make it a crime to transfer a firearm from one
individual to another without a Federal firearms licensee overseeing
the transfer and conducting a background check on the prospective
buyer. While there are limited exceptions to this bill, in this bill it
does nothing to address how violent criminals actually obtain firearms,
nor does the bill make it harder for them to obtain a firearm. That is
because criminals don't follow the law. That is why they are called
criminals.
So by making these types of changes to the law, the bill does nothing
to prohibit guns from ending up in the hands of criminals. Instead, it
does everything possible to make it harder for law-abiding citizens to
exercise their Second Amendment rights.
Mr. Speaker, I urge a ``no'' vote on H.R. 8.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Massachusetts (Mrs. Trahan).
Mrs. TRAHAN. Mr. Speaker, there is a rampaging public health
emergency that has been with us for far too long. And there have been
countless chilling examples of what happens when we fail to act, or
only take half measures, anodyne placebos. Each time, more lives are
lost.
Moreover, we have seen a particular community unjustly suffer scorn
for this emergency. They have been scapegoated rather than recognized
as the fellow victims of this crisis. But there is no question that the
harms of this crisis haven't fallen evenly, and the disparate harm
offers all the more reason for actual solutions, not mere talk. By now,
my colleagues know that I am not talking about COVID. I am referring to
gun violence.
Today, the most commonsense, broadly popular, and impactful thing
that we can do is pass H.R. 8, and bolster our pitifully weak
background check system in the United States. Keeping deadly weapons
out of the hands of those fueled by hate is as common sense as it gets.
Mr. Speaker, I urge my colleagues to vote for H.R. 8.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Roy).
Mr. ROY. Mr. Speaker, I thank the gentleman from Ohio for yielding.
Mr. Speaker, right now in south Texas there are American citizens
whose lives are in danger because of wide open borders as a direct
result of Biden's border crisis and the policies of the Democratic
leadership of this body and the Senate. American citizens are unsafe. I
am not making that up.
For the last 2 years, I have heard my Democratic colleagues talking
about a fake crisis at our border. There is nothing fake about 100,000
people coming across our border; or high-speed chases through Uvalde,
Texas; or high-speed chases in Real County, which I represent. There is
nothing fake about break-ins putting lives in danger.
People own ranches, and now my Democratic colleagues, after defunding
the police and opening up our borders,

[[Page H1297]]

want to take away our God-given right--yes, God-given right--to defend
ourselves under the Second Amendment. That is what this is about. This
is about creating a gun registry to track guns of the American people.
There is no way to implement what the Democrats are trying to implement
without doing that.
I can just tell you straight up, Texans, Americans, the Government is
never going to know what weapons I own. Let me be clear about that. It
is not going to happen. We have a God-given right to defend our
families, defend our State, and defend ourselves against tyranny; and
we will do that regardless of the errant policies that this Democratic
Congress is trying to jam through.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Illinois (Ms. Kelly).
Ms. KELLY of Illinois. Mr. Speaker, soon we will take a bipartisan
vote on the Background Checks Act, a bill which could save lives in
every district of our Nation. Expanding background checks will help
prevent guns from getting into the hands of those who may be a danger
to themselves or others. This is a simple commonsense solution to a
worsening problem in our Nation.
Even in 2020, when many people were at home during the raging COVID-
19 pandemic, we lost more than 41,000 people to gun violence. That
number includes nearly 300 children under the age of 11. My heart
breaks for their parents. But heartbreak will do little to comfort
those mourning families, and we know well enough by now it will do
nothing to prevent any future tragedies.
It is time for us to step up to say enough is enough. It is time for
our families to be able to play in the park, drive a car on the
expressway, or on a bus, or other things we take for granted without
fear of gun violence. We need to pass legislation that will save
precious lives.
I ask: How many funerals have you attended?
Mr. Speaker, I urge my colleagues to vote in favor of H.R. 8, expand
background checks, and make our Nation safer.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
North Carolina (Mr. Murphy).
Mr. MURPHY of North Carolina. Mr. Speaker, I thank the gentleman from
Ohio for yielding.
Mr. Speaker, I rise today in opposition to H.R. 8 as well as H.R.
1446.
There is not a single Member in this Chamber who does not mourn the
innocent lives lost to gun violence, but I solemnly believe that my
Democratic colleagues lack a fundamental understanding of this issue.
I have worked as a surgeon who has done pelvic trauma for close to 30
years. In fact, I will submit that I am the only Member of this Chamber
who has ever operated on a gunshot victim. The infinite majority of
gunshot victims are shot by criminals who have obtained their guns
illegally. They did not apply for permits. They are not a member of the
NRA. They are criminals. These bills would do nothing to keep the guns
out of their hands.

In all my years as a surgeon, I have yet to see a gun jump up by
itself and injure someone. It is either from a crime, a mental illness,
or tragically from an accident. Where I live in eastern North Carolina,
it is certainly different from New York City, the gun haven of Chicago,
or Oakland, but we still have our share of drug-related and gang-
related crime.
On the other hand, we have a lot of wilderness that people back home,
adults and children, still enjoy hunting. These law-abiding citizens
should not have their rights trampled upon. We are all saddened by the
loss of life from mass shootings, but, Mr. Speaker, the issue is not
the gun itself, but the mental illness borne by the gun holder. A
mentally stable person does not shoot innocent people.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. JORDAN. Mr. Speaker, I yield the gentleman from North Carolina
(Mr. Murphy) an additional 30 seconds.
Mr. MURPHY of North Carolina. Mr. Speaker, H.R. 8 and H.R. 1446
absurdly hamper people's ability to exercise their constitutional right
to defend themselves. This sort of broad government overreach does not
save lives, but treats everyday law-abiding citizens like criminals.
Mr. Speaker, I urge my colleagues to vote ``no'' on these bills. We
should not support bills that place the rights of violent criminals
above those law-abiding American citizens.
Mr. NADLER. Mr. Speaker, how much time remains?
The SPEAKER pro tempore. The gentleman from New York has 11\1/2\
minutes remaining, and the gentleman from Ohio has 10 minutes
remaining.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. Levin).
Mr. LEVIN of California. Mr. Speaker, I rise today as a proud
cosponsor of H.R. 8, the Bipartisan Background Checks Act.
This legislation has one simple goal: keep guns out of the hands of
people who are dangerous.
More than 90 percent of the American people support universal
background checks on every firearm sale or transfer, and that is what
this bill does.
Our constituents expect us to find common ground to finally end the
gun violence epidemic in this country. They expect us to pass this
bipartisan bill. The era of offering only thoughts and prayers is over.
It is over. The American people demand action. H.R. 8 is the action
they are calling for.
Mr. Speaker, I urge my colleagues to stand with the American people
and vote ``yes.'' Let's get this done.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
North Carolina (Mr. Budd).
Mr. BUDD. Mr. Speaker, I thank my friend from Ohio for yielding.
Mr. Speaker, the fundamental truth is that the Second Amendment
guarantees the right of law-abiding citizens to keep and bear arms to
protect themselves and their loved ones.
America's Founders spoke on this issue extensively. Benjamin Franklin
warned that those who would give up essential liberty to purchase a
little temporary safety deserve neither liberty nor safety. Benjamin
Franklin was right. The American tradition of self-reliance, self-
determination, and self-defense has been fierce. It has been what makes
this country so exceptional and so great.
Today, the House will vote on legislation that would undermine that
very right. What is worse is that both of these bills would not have
prevented mass shootings or tragedies across this Nation. Those are
awful events. We all agree that those events are awful. But in those
cases, the criminal either passed a background check or they stole
their weapons.
We cannot sacrifice our rights by passing laws that will make our
families less safe and laws that criminals will simply ignore. We must
always protect and preserve our God-given Second Amendment right.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, I thank my friend for yielding.
Mr. Speaker, I will remind my friend on the other side of the aisle,
the God-given right every one of us has, according to the Declaration
of Independence, is life, and that is what we are arguing about here
today.
Are we going to take protective measures that save lives?
This bill does that. I talk about the ABCs of gun control. A,
reinstate the Assault Weapons Ban; B, universal background checks; and
C, closing the gun show loophole.
Those three practical measures will save lives. And because I support
ABC, I get an F every year from the NRA, and I am proud of that grade
every year.

Point of Order

Mr. BUDD. Mr. Speaker, point of order. I would request that the
colleague from Virginia direct his remarks to you and not to other
colleagues.
The SPEAKER pro tempore. The Chair reminds all Members to address
their remarks to the Chair.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Ohio (Mr. Chabot).
Mr. CHABOT. Mr. Speaker, it is no secret that I have been a committed
defender of the Second Amendment since being elected to Congress back
in 1994. For me, that means that I will do everything that I possibly
can to ensure that the rights of Americans, as they relate to the
Second Amendment, are protected, while at the same time

[[Page H1298]]

working to keep firearms out of the hands of criminals and mentally
unstable individuals.
H.R. 8, unfortunately, doesn't accomplish either of those goals. It
is overburdensome, unreasonable, and, if passed, would instead keep
firearms out of the hands of some hardworking and law-abiding citizens.
Yesterday, at the Rules Committee, I offered an amendment which would
allow for the transfer of a firearm to museums or historical displays
without going through the burdensome requirements of this measure, but
that eminently reasonable amendment and others offered by my colleagues
were flatly rejected by the majority.

During this afternoon's debate, we have again expressed several
concerns which will not be addressed or considered by the majority.
Instead of focusing on improving the National Instant Criminal
Background Checks System, or NICS, providing resources to assist those
with mental illnesses or hardening soft targets like schools and places
of worship, the majority will pass this legislation and attempt to
further infringe on the Second Amendment rights of our constituents.
That is very, very unfortunate.
Mr. Speaker, for those reasons, I stand in opposition to this deeply
flawed legislation.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Florida (Ms. Wasserman Schultz).
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise as both a mom and a Member of Congress in strong
support of H.R. 8.
Last month, my community marked the 3-year anniversary of the Marjory
Stoneman Douglas shooting that stole 17 innocent lives.
The anxiety and terror that came that day has never left us. Yet, too
many communities witness horrific gun violence every day. Commonsense
reform can end this agony and keep us safer mainly by requiring
background checks for gun sales. Yet, loopholes allow up to 80 percent
of firearms to be sold without background checks.

{time} 1515

We must mandate universal background checks for firearm sales by
passing H.R. 8 and then pass Jaime's Law, my legislation that expands
that same mandate to ammunition purchases.
The pandemic made gun proliferation worse, and inaction is not an
option. We must do all we can to ensure guns and bullets don't end up
in the wrong hands.
Mr. Speaker, the outliers on this issue are Republicans whose fealty
to the NRA results in more people dying from gun violence. Enough is
enough.
Mr. JORDAN. I reserve the balance of my time, Mr. Speaker.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Speaker, this morning I walked by an elementary
school, and I saw parents dropping off their kids. I thought of parents
around the country sending their kids back to school after months of
virtual learning. They want their children to be safe.
But it has been 8 years after Sandy Hook and 3 years after the
shooting at Marjory Stoneman Douglas High School in my district, we
should be ashamed that we have waited so long and wasted so much time
when we could be saving lives.
We cannot have safe communities until we fix the crumbling foundation
of our gun laws. That is the background check system. Universal
background checks will help keep guns out of dangerous hands. They will
save lives in our schools, they will save lives in our homes, and they
will save lives on our streets.
Mr. Speaker, I urge my colleagues to stand with survivors, with gun
owners, and with Americans of both Democratic and Republican Parties
who support universal background checks by voting to pass H.R. 8.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, this bill simply requires that the
background check for a purchase that occurs within a gun shop applies
outside a gun shop. That doesn't take away anyone's right, but it does
protect us from convicted criminals, fugitives, and family abusers who
are prevented from evading the law to buy a weapon of war online or at
a gun show. Texas Gun Sense knows the gap in safety makes no sense.
Unfortunately, NRA has come to stand for ``No Republican Action.''
They offer us only moments of silence for mass murder, but they always
come up short with one very important type of ammunition--courage.
Students in March for Our Lives have that courage. Moms Demand Action
are steadfast in demanding meaningful action.
As these gun lobbies continue to oppose reasonable action, we must
speak up for gun safety. We must listen to the victims of violence
before their number is increased by another El Paso shooting, another
school shooting, or another concert interrupted by gunfire.
We must act now to save lives.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Kentucky (Mr. Massie).
Mr. MASSIE. Mr. Speaker, I have a brief point to make. I wonder how
my colleagues on the other side of the aisle hold two thoughts in
contradiction simultaneously in their minds. They say that photo IDs
and excessive registration paperwork and whatnot disenfranchises
disproportionately minorities and the poor when they go to exercise
their right to vote. But today with H.R. 8 and the next bill that is
coming up, they are doing exactly that. They are causing there to be
increased fees, increased paperwork, and more photo IDs.
How does that not disenfranchise not just all Americans but
disproportionately minorities and the poor?
Mr. Speaker, I leave that to my colleagues to answer today.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Bowman).
Mr. BOWMAN. Mr. Speaker, I have had the privilege of working in
public education for 20 years. I started my career in 1999. That was
the same year of the Columbine High School shooting. Throughout my
career, unfortunately, we have had to continually deal with school
shootings.
In our schools we have to prepare children as young as 4 years old
for the possibility of a school shooting. We have Columbine, we have
Parkland, we have Virginia Tech, and we have Sandy Hook.
I thought 9 years ago when Sandy Hood occurred that the country would
stop, pause, and reflect on what is happening in our Nation. It was a
mass shooting of our 6-year-old children--our babies. This law will
begin the process of protecting our most vulnerable and protecting our
babies.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, it is an honor for me to be here today
with my colleagues, Mr. Thompson and Mrs. McBath.
Mr. Speaker, Lucy's courage is an inspiration to me.
This has been a priority for me in the quarter century I have been in
Congress. I have supported every single reform that has advanced. But
we have a change today because we have never had in 10 years the
alignment with a House leadership and a Senate leadership that will not
bury it and a President who will enthusiastically sign it into law.
This is a landmark legislation that many of us have been working on
literally for decades, and this is one more example of what difference
it makes to have Democrats in charge and being able to advance
meaningful gun safety.
Mr. Speaker, I thank my colleagues for their hard work, and I am
proud to stand with them.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, may I ask how much time remains.
The SPEAKER pro tempore. The gentleman from New York has 4\1/2\
minutes remaining. The gentleman from Ohio has 6\1/2\ minutes
remaining.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Jeffries).
Mr. JEFFRIES. Mr. Speaker, I thank the distinguished chair for
yielding.
Mr. Speaker, the right to bear arms is an important part of the
constitutional fabric of this country, but it is

[[Page H1299]]

not without limits. And the notion that America has 4 percent of the
world's population but 40 percent of the world's guns and a
disproportionately high amount of homicides and suicides by guns should
shock the conscience of every single person in this Chamber.
Mass shooting after mass shooting after mass shooting, and yet we
haven't acted to protect the health, safety, and well-being of the
American people.
That is why H.R. 8 is so significant. Universal criminal background
check legislation is reasonable under the circumstances given the
tragedies that we confront.
House Democrats will not just talk about it. We are about it. That is
why we will pass H.R. 8, and now we have a Senate and a President who
will ultimately get it over the finish line. Vote ``yes'' on this
lifesaving legislation.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Van Duyne).
Ms. VAN DUYNE. Mr. Speaker, I rise in opposition to the legislation
we are considering today.
In cities across America, violent crime has increased; and in cities
across America, laws already exist to severely punish violent
criminals. But despite this, we are seeing local elected officials,
district attorneys, and prosecutors refuse to enforce existing laws and
police who are continuously held back from doing their jobs.
Instead of offering real solutions to improve public safety, it seems
the majority is determined to punish law-abiding citizens while doing
nothing to actually close loopholes in the system.
If the bills we are considering were really stopping gun crimes and
violent offenders from owning guns, then my amendment would be one we
are discussing today, to prevent minors aged 15 to 17 who have
committed violent crimes from having their records expunged and thereby
able to purchase a firearm.
But rather than take up my amendment to prevent felons from
sidestepping our laws, the majority felt it more critical for public
safety to expand background checks to ranchers and farmers with pest
control issues. This is absurd.
Nothing in H.R. 1446 or H.R. 8 would prevent those seeking to harm
others from acquiring firearms. The people of my district deserve
better than this, which is why I will be introducing legislation that
will actually prevent violent criminals from clearing their record.
Mr. Speaker, I urge my colleagues to oppose this bill and side with
law-abiding Americans and side with those of us who want to take guns
out of the hands of violent criminals.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Illinois (Mr. Garcia).
Mr. GARCIA of Illinois. Mr. Speaker, I thank Chair Nadler and my
colleagues for their leadership on this issue.
Mr. Speaker, I rise today in strong support of H.R. 8 and H.R. 1446,
two gun violence protection bills that would help keep our communities
safe.
Mr. Speaker, I am from Chicago, and we are no strangers to gun
violence. In 2020 alone the city recorded 3,261 shootings and 769
murders.
Some of my colleagues might point out that Illinois has some of the
strictest gun laws in the country. That is true. But studies tracking
the guns show that guns often come from neighboring States with weaker
gun laws. People drive one or two States over, and they come back with
deadly weapons.
The reality is that State laws aren't enough. We need stronger
Federal laws, too.
Mr. Speaker, I urge my colleagues to pass these critical laws that
have bipartisan support among voters across the country that would help
keep guns off the streets.
Mr. JORDAN. Mr. Speaker, the previous speaker talked about Chicago's
strictest gun laws in the country, but yet there was a record number of
shootings and crime last year.
What could be the cause of that?
Maybe it is the fact they defunded their police, something we have
talked about now, well, since the Democrats started doing it.
Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr.
Grothman).

Mr. GROTHMAN. Mr. Speaker, one more time we see people uncomfortable
with our Constitution. Our forefathers gave us the right to bear arms
because they wanted law-abiding people to have the right to defend
themselves.
Until Ferguson and the rise of the antipolice movement about 5 years
ago, the murder rate in this country fell by over one-half between the
early 1990s and around 2014.
What happened at that time?
We whipped up some antipolice hysteria, and since that time things
have gone wildly up. Now the majority party introduces a cache of bills
designed to make it more difficult for law-abiding people to access a
weapon while not having any impact on people who wouldn't obey the laws
anyway.
They don't like the idea of private transfers. They don't like the
idea of being able to get a gun in less than 10 days. They don't like
the idea that if the government doesn't give the proper information
over--well, apparently, they like the idea that they want to keep
people from getting guns if the government, for whatever reason, is
slow in turning things over.
In any event, let's go back to the things that worked for 25 years
before the rise of the antipolice movement if we really want to see
improvement.
Mr. NADLER. Mr. Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Speaker, I thank my good friend from Ohio for
yielding.
Mr. Speaker, once again, Democratic leadership is proposing
legislation that would do nothing to prevent criminals from accessing
firearms while greatly restricting the Second Amendment rights of law-
abiding citizens.
These bills are being sold to the public as an effort to pass
universal background checks. But House Democrats fail to recognize that
every commercial gun sale in the United States already has a background
check.
Mr. Speaker, ending gun violence in America is a goal we all share,
but H.R. 8 will subject law-abiding gun owners to criminal penalties
for simply handing a firearm to another person.
For instance, if you loaned a friend a rifle to go hunting, they
could face a year in prison or a $100,000 fine. This is simply
ridiculous.
The same would be true, Mr. Speaker, if you loaned an abuse victim a
firearm for self-defense. H.R. 1446 would create arbitrary delays for
firearm purchases and could allow the FBI to delay a firearm transfer
indefinitely.
These bills would do nothing to keep Americans safer and, in fact,
threaten the public safety and our constitutional right to bear arms.

{time} 1530

Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Gooden).
Mr. GOODEN of Texas. Mr. Speaker, in what alternative reality does it
make sense for this Congress to take away people's rights to defend
themselves and, at the same time, defund the police? That makes no
sense.
What we have seen in the last few days and the last week in this
Congress is an effort to punish the law-abiders in this Nation. We have
to stop doing this.
If we take away guns from law-abiding citizens, we are doing nothing
to reduce crime. Look at Chicago. The law-abiding citizens there do not
live in a safe environment. They are able to follow these procedures
that you are passing, but it is not going to do anything to stop the
violence.
We have to get away from this. We have to stop these laws that do not
represent the will of the American people.
Let's stop punishing the law-abiding citizens of the United States
and get back to what they sent us here to do.
Mr. JORDAN. Mr. Speaker, can I inquire how much time we have
remaining?
The SPEAKER pro tempore. The gentleman from Ohio has 1\1/2\ minutes
remaining. The gentleman from New York has 2\1/2\ minutes remaining.
Mr. NADLER. Mr. Speaker, I am prepared to close. I reserve the
balance of my time.
Mr. JORDAN. Mr. Speaker, I yield the balance of my time to the
gentleman from Florida (Mr. Donalds).

[[Page H1300]]

Mr. DONALDS. Mr. Speaker, gun crime in the United States is a tragedy
for us all. I heard the talk about Sandy Hook, about Columbine, and,
yes, about Parkland, which happened in my State. It is a tragedy that
we all face.
But the one thing, Mr. Speaker, we all have to remember is that, in
each one of these instances, the person who acquired the firearm that
committed this tragedy acquired it lawfully, or they stole the weapons
from somebody else. This bill would not change any of those tragedies.
If anything, what this bill does, it puts more burden on law-abiding
Americans and does whittle away and strip their constitutional right to
bear arms. You see, the issue is much more about mental health than it
is about the ability to acquire firearms.
For this body to unilaterally make it significantly more difficult
for a law-abiding citizen to acquire a firearm, which is their
constitutional, God-given right, is this body acting outside of its
authority under the United States Constitution.
Mr. Speaker, in short, this bill will not fix the tragedies that we
face. Unfortunately, laws don't fix most of the tragedies that we face
as Americans. What fixes them is dealing with the human condition that,
unfortunately, inhabits people in our country. We should be working on
that, not stripping the constitutional rights from our fellow citizens.
Mr. JORDAN. Mr. Speaker, I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, since the House passed H.R. 8 more than 2 years ago, an
estimated 80,000 people have lost their lives to gun violence. We have
had too many moments of silence and too many expressions of sympathy.
Too many families are grieving the loss of a loved one.
Expanding background checks is overwhelmingly supported by the
American public because they know that it will make a meaningful
difference in reducing gun violence and saving lives. It is time to
enact this important legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. WILLIAMS of Georgia. Mr. Speaker, I rise today in support of H.R.
8, the Bipartisan Background Checks Act of 2021. This common-sense
legislation would save lives in every state, every congressional
district, and every community, by preventing guns from being sold to
people who are dangers to themselves or others.
If this is truly ``The People's House'' then we MUST pass H.R. 8 for
the safety and protection of all people. Enough is enough. Too many
times innocent lives have been lost to guns in the hands of people
wishing to do harm. That's why 93 percent of Americans support
requiring universal background checks on all gun sales. The people
know: background checks work.
By preventing guns from falling into the hands of people with mental
illness or criminal history. Last year was a particularly tragic year
for the Fifth District, with 177 lives ended at the barrel of a gun. My
heart breaks knowing there have already been 25 gun-related deaths in
my District this year. As I speak today, I am remembering Kennedy
Maxie. A sweet, seven-year-old Black girl shot and killed in Atlanta
while Christmas shopping with her family last December. She was an
innocent victim, killed by someone who had no business with a gun.
The tragedies are too many, and the gun violence too frequent. It's
past time we did something.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part C of House Report 117-10 not
earlier considered as part of amendments en bloc pursuant to section 6
of House Resolution 188, shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time after debate for the chair of the
Committee on the Judiciary or his designee to offer amendments en bloc
consisting of further amendments printed in part C of House Report 117-
10, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on the
Judiciary or their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
The Chair understands that amendments Nos. 1 and 2 will not be
offered; is that correct?
Mr. NADLER. Mr. Speaker, that is correct.

Amendments En Bloc Offered by Mr. Nadler of New York

Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc consisting of amendment Nos. 3, 4, 5, 6 and 8,
printed in part C of House Report 117-10, offered by Mr. Nadler of New
York:

amendment no. 3 offered by mr. crow of colorado

Page 4, line 17, insert ``pest control on a farm or
ranch,'' before ``or fishing''.
Page 4, line 25, insert ``pest control on a farm or
ranch,'' before ``or fishing''.

amendment no. 4 offered by ms. garcia of texas

Page 5, line 11, strike the close quotation marks and the
following period.
Page 5, after line 11, insert the following:
``(4) The Attorney General shall make available to any
person licensed under this chapter both Spanish and English
versions of the form required for the conduct of a background
check under subsection (t) and this subsection, and the
notice and form required under paragraph (3) of this
subsection.''.

amendment no. 5 offered by ms. jackson lee of texas

Page 4, line 1, after ``including'' insert ``harm to self,
and''.

amendment no. 6 offered by mr. lamb of pennsylvania

Page 3, line 7, after ``transfer'' insert ``or exchange
(which, for purposes of this subsection, means an in-kind
transfer of a firearm of the same type or value)''.

amendment no. 8 offered by mr. torres of new york

Page 1, line 9, insert ``purchase or'' before
``possession''.

The SPEAKER pro tempore. Pursuant to House Resolution 188, the
gentleman from New York (Mr. Nadler) and the gentleman from Ohio (Mr.
Jordan) each will control 10 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Mr. Speaker, I yield myself 45 seconds.
Mr. Speaker, this en bloc amendment includes several amendments that
strengthen the bill and that thoughtfully modify it to account for
practical considerations surrounding the use and misuse of firearms.
Among this group are a provision that clarifies the exchange of
firearms between family members, a measure to protect more expansive
State firearm laws, an amendment that would ensure ATF background check
forms are available in Spanish, and a proposal that would allow for
temporary transfers for pest control.
Representative Jackson Lee's amendment concerning suicide is
particularly important as it highlights the tragic consequences that
access to firearms can have on those who intend to harm themselves.
Mr. Speaker, I urge my colleagues to vote in favor of the en bloc
amendment, and I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Pfluger).
Mr. PFLUGER. Mr. Speaker, I rise today as a Texan, a constitutional
conservative, and in strong opposition not only to the amendments but
to H.R. 8, a bill that would impose so-called universal background
checks and gut the Second Amendment rights of law-abiding gun owners
throughout this country.
We all mourn the loss of innocent lives from gun violence that has
happened in my district and in those around the country. No family
should ever have to endure such tragic and terrible unnecessary loss.
But the truth is that this legislation does nothing to address the
root causes of gun violence and may do little to actually prevent
criminals from obtaining guns, as has previously been said during this
debate.
What will be prevented, though? Your ability to lend your neighbor a

[[Page H1301]]

firearm if there are reports of break-ins; the ability of your suicidal
friend or family member to ask you to remove their firearms from their
home; or if a colleague comes to you and says that they are trapped in
an abusive relationship and scared for their life, you could face a
$100,000 fine or prison time for lending out your gun for self-defense.
If we are going to effect real change, we don't need to tack
additional restrictions on law-abiding citizens. We need to look at the
root causes and have a transparent and open debate here to talk about
mental health and the proper enforcement of laws that we already have.
This is yet another example of Federal overreach, another example of
the erosion of our rights, and a slippery slope that will strip all
Americans of our Second Amendment rights as outlined in the
Constitution.
Mr. Speaker, I urge my colleagues to vote ``no'' on the amendment and
the bill.
Ms. JACKSON LEE. Mr. Speaker, I yield myself 1 minute.
As indicated, the Jackson Lee amendment is a simple, important, and
straightforward amendment, and it is, frankly, to save lives.
Specifically, the amendment makes clear that a gun owner who realizes
that he or she is at risk of suicide may transfer the gun to someone
else if the risk is imminent, without a background check, to prevent
self-harm.
This amendment will help ensure that no person who is experiencing a
suicidal crisis will feel compelled to retain their gun when it would
be better for them to temporarily transfer it to someone else.
Contrary to what my friends on the other side have said, H.R. 8 does
already exempt from the requirement of a background check ``a temporary
transfer that is necessary to prevent imminent death or great bodily
harm, including harm to self, family, household members, or others, if
the possession by the transferee lasts only as long as immediately
necessary to prevent the imminent death or great bodily harm, including
the harm of domestic violence, dating partner violence, sexual assault,
stalking, and domestic abuse.''
This amendment, however, clarifies that this last option is available
to someone who is at risk for suicide.
I ask my colleagues to support the Jackson Lee amendment to protect
those who may be a danger to themselves.
Mr. Speaker, I rise in support of Jackson Lee Amendment No. 9
included in the Chairman En Bloc Amendment to H.R. 8, the ``Bipartisan
Background Checks Act of 2021,'' which would require a background check
on every gun sale or transfer with limited exceptions, such as gifts to
family members and transfers for hunting, target shooting, and self-
defense.
The Jackson Lee Amendment No. 9 makes a simple common-sense
improvement to the bill.
Specifically, the amendment makes clear that a gun owner who realizes
that he or she is at risk of suicide may transfer the gun to someone
else, if the risk is imminent, without a background check to prevent
self-harm.
This amendment will help ensure that no person who is experiencing a
suicidal crisis will feel compelled to retain their gun when it would
be better for them to temporarily transfer it to someone else.
H.R. 8 already exempts from the requirement of a background check ``a
temporary transfer that is necessary to prevent imminent death or great
bodily harm, including harm to self, family, household members, or
others, if the possession by the transferee lasts only as long as
immediately necessary to prevent the imminent death or great bodily
harm, including the harm of domestic violence, dating partner violence,
sexual assault, stalking, and domestic abuse.''
A gun owner who realizes that they are at risk of suicide would have
several options under this bill.
They may loan the gun to a family member pursuant to the family
member exception.
They may ask a gun dealer to store the gun temporarily.
And if the risk is imminent, they may transfer it to someone else,
pursuant to this exception.
This amendment clarifies that this last option is available to
someone who is at risk for suicide.
As Chair of the Judiciary Subcommittee on Crime, Terrorism, and
Homeland Security, I urge all members to join me in supporting Jackson
Lee Amendment No. 9 by voting for the En Bloc Amendment to H.R. 8, the
Bipartisan Background Checks Act of 2021.
Mr. Speaker, H.R. 8 is a strong bill to expand the federal firearms
background check requirement as our citizens have demanded. To make the
bill even stronger, I offer an amendment that will help save even more
lives.
My amendment would make clear that a gun owner who realizes that he
or she is at risk of suicide may transfer the gun to someone else,
without a background check--if the risk is imminent to prevent self-
harm.
The largest number of gun deaths each year are suicides. Studies have
shown that the prevalence of suicide in the United States is directly
linked to the easy availability of guns.
Roughly sixty percent of gun deaths are suicides. Tragically, an
average of 63 people, die by gun suicide every day in the U.S.
The notion that suicides are inevitable, that people will just find
another way, is wrong.
Suicide attempts are often impulsive acts, and forty-eight percent of
people harm themselves within 10 minutes of deciding to attempt
suicide. Seventy-one percent do so within one hour.
But those who reach for a gun during suicidal crises rarely have a
second chance. Eighty-four percent of suicide attempts with a firearm
are fatal. Think about this sad fact.
Temporarily reducing access to guns significantly increases the
likelihood of surviving a suicide attempt.
That is why I urge my colleagues to vote in favor of the bloc of
amendments that includes my proposed revision to H.R. 8.
Mr. Speaker, I reserve the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Perry).
Mr. PERRY. Mr. Speaker, just yesterday afternoon at 3 o'clock in
Atlanta, an armed robber walked into Chick-fil-A to rob the place.
Now, think about that. You are in there with your children, getting a
meal in the middle of the day, and somebody comes in with a gun, puts
your life at risk. Everybody in the place is at risk.
Did that guy get a background check to get his firearm? We don't know
yet, but odds are he didn't because most of these crimes that are
committed with a gun are with people who don't--guess what? I have a
news flash--they don't follow the law.
Robbing the Chick-fil-A at 3 o'clock in the afternoon in Atlanta is
not in accordance with the law. But I will tell you what happened. An
armed citizen stopped the robbery using his firearm, a legally obtained
firearm, and saved everybody in the place.
Do you know who is happy? The people in the Chick-fil-A are happy
that the guy who bought the gun legally was there to save them and
their children. That is who is happy.
This legislation, Mr. Speaker, disarms that person who operated his
firearm legally. That is what this legislation does. It disarms
America. It says to the criminal: Keep on not abiding by the law. You
got your weapon illegally. You are going to keep doing it.
It doesn't stop them from doing anything. What it does do is it stops
the guy who is going to get his firearm legally and end the crime in
his community. That is who it stops.
No charges are pending on that individual in Atlanta who stopped that
crime. No charges are pending. He followed the law.
This bill, Mr. Speaker, seeks to punish people who want to follow the
law, and that is what is going to happen.
Do you know what is going to happen when we do this? There are going
to be more crimes. There are going to be more unauthorized weapons out
there, and there are going to be less people out there defending
themselves and our community. That is what is happening.
Mr. Speaker, I urge a ``no'' vote on this.
Ms. JACKSON LEE. Mr. Speaker, I am delighted to yield 1 minute to the
distinguished gentleman from California (Mr. Thompson), the chairman of
our task force.
Mr. THOMPSON of California. Mr. Speaker, that is nonsense. What was
just said on the floor is not accurate.
The only thing this bill does is require a background check. If
someone has legally purchased a firearm and passed a background check,
nobody is going to take that gun away from them. They legally purchased
it. They passed the background check.
To come out with that kind of nonsense, that type of scare tactic, is
not complementary to the decorum of this

[[Page H1302]]

House, and it does not speak to this bill.

{time} 1545

Mr. JORDAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think part of the point of the gentleman from
Pennsylvania was this system is a mess. Over 110,000 people were denied
access to a firearm when they went through the background check, but
only 12 were prosecuted. Mr. Massie led off our debate by talking about
this one. That tells you one or two things.
I think the main takeaway is, how many people were falsely denied? Or
if they weren't, why weren't more people prosecuted?
If the focus is to make sure the bad guy doesn't get the gun, holy
cow, over 110,000 were denied access to a firearm, not given a
clearance. Yet only 12 prosecuted?
If you guys want to work with us on that issue, we are happy to do
that. In fact, we have supported that and talked about that, but you
don't want to do that.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentlewoman
from Texas (Ms. Garcia), a member of the Judiciary Committee.
Ms. GARCIA of Texas. Mr. Speaker, I rise in strong support of H.R. 8,
the Bipartisan Background Checks Act.
Mr. Speaker, I grew up on a farm. I was taught at an early age how to
handle a .22 and shotgun. We used them for hunting, to put food on the
table.
But this bill is just simply a background check for every gun sale or
transfer, with commonsense exceptions. As the previous speaker noted,
this has nothing to do with keeping someone who legally obtained a gun
from getting one.
When my niece got her first buck over the holidays at the family
farm, my brother-in-law gave her his favorite shotgun as a present.
They were all so excited. That would be exempted from any paperwork,
and that just makes sense.
My amendment also makes sense. It simply codifies the practice of
ensuring that the background check forms and notifications used to
purchase or transfer a firearm remain available in Spanish, as well as
in English.
Our country is blessed with a diverse population. Language diversity
is part of that diversity that we should celebrate.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Crist).
Mr. CRIST. Mr. Speaker, I rise in support of the Bipartisan
Background Checks Act.
I also rise for my constituent, Mohammed Haitham. Mo was a young
sailor who followed his mother's footsteps into the Navy, with the
dream of becoming a pilot.
When a Saudi terrorist started shooting, Mo sacrificed himself to
protect others. That is who he was.
Service, selflessness, sacrifice, Mo represented the very best in all
of us. The great State of Florida is proud of him and proud to call him
one of our own.
The attack at Naval Air Station Pensacola killed three young sailors
and wounded eight more.
The terrorist bought the gun legally, using a hunting license to get
it. Al-Qaida and ISIS know about this loophole, and until we close it,
the American people will remain vulnerable.
That is why my bipartisan bill to close the Pensacola loophole has
the support of the Brady Campaign, the Giffords, Major County Sheriffs,
and the Fraternal Order of Police.
I look forward to working with the chairman and my colleagues on both
sides of the aisle to pass this bill.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Perry).
Mr. PERRY. Mr. Speaker, we lament the death of our good friend, Mr.
Crist's constituent, Mo. We lament it. We especially lament it because
when you are in the military and you are on base and you are in
uniform, you are prohibited from carrying a firearm. Think about that.
Those in our country most well trained to use a firearm lose their
lives because they cannot defend themselves, as a regulation by the DOD
that says they cannot carry a firearm on base. That is why Mo is not
here.
Sure, there is a Saudi terrorist in town that is killing people, but
Mo could have stopped that if Mo were allowed to use his skills
provided by the taxpayers and desired by him. He wanted to serve his
country, he wanted to serve his community, and he should have been
allowed to.
This bill is more of the same thing, disallowing American citizens to
defend themselves. Unfortunately, Mo is a prime example.
Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Lamb).
Mr. LAMB. Mr. Speaker, I rise in support of my amendment, to make
perfectly clear that transfers of firearms between family members do
not require a background check, are not subject to the strictures of
this bill. We should make that clear in order to confirm what we have
all said here today, that this is a bill that targets those who break
the law, not those who abide by it.

My amendment shows respect for the important tradition within many
families in western Pennsylvania and elsewhere of passing down a
shotgun or a hunting rifle from a father to a son. That is allowed
under our bill.
And a further and more important sign of respect will come when we
vote for final passage tomorrow to strengthen the right of those who
obey the law by keeping those who break it away from your right to own
a firearm.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I am prepared to close, and I reserve
the balance of my time.
Mr. JORDAN. Mr. Speaker, I yield myself the balance of my time.
In closing, we can say we are opposed to the en bloc amendments for
all of the reasons we have cited now in the last hour and a half on
this legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as has been said over and over again on the floor of the
House, H.R. 8 provides for the legal access to guns. It does not take
away guns from any American.
In addition, the Second Amendment is truly preserved with H.R. 8, and
it is in compliance with the law which allows the regulation of guns,
even with the Second Amendment.
We ask our colleagues to support H.R. 8 and the en bloc amendments
included therein.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 188, the previous question is ordered on
the amendments en bloc offered by the gentleman from New York (Mr.
Nadler).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. The Chair understands that amendment No. 7
will not be offered.
The previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.

=========================== NOTE ===========================

March 10, 2021, on page H1302, the following appeared: The
question is on the engrossment and third reading of the bill, as
amended.

The online version has been corrected to read: The question is
on the engrossment and third reading of the bill.

========================= END NOTE =========================

The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit

Mr. JORDAN. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Jordan moves to recommit the bill H.R. 8 to the
Committee on the Judiciary.

The material previously referred to by Mr. Cline is as follows:
At the end of the bill, add the following:

(e) The Attorney General shall promulgate a regulation that
shall, in the case of a background check conducted by the
national instant criminal background check system established
under section 103 of the Brady Handgun Violence Prevention
Act in response to a contact from an importer, a
manufacturer, or a dealer, licensed under chapter 44 of title
18, United States Code, which background check indicates that
the receipt of a firearm by a person would violate section
922(g)(5) of title 18, United States Code, a requirement that
the system notify U.S. Immigration and Customs Enforcement.

[[Page H1303]]

The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. JORDAN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R. 8
is postponed.

____________________