Kelly: Democrat Gun Bills Another Attempt to Chip Away at Second Amendment Rights

Washington, D.C. - House Democrats today passed two pieces of legislation that are hostile to the Second Amendment while claiming without evidence that the bills would reduce gun crime. Representative Mike Kelly (R-Pa.) voted against H.R. 8, the Bipartisan Background Checks Act of 2021 and H.R. 1446, the Enhanced Background Checks Act of 2021 and released this statement:

"The Second Amendment is clear that Americans have a right to own a firearm. These bills are another attempt by Democrats to make it harder to exercise that right. Banning private sales between law-abiding Americans and giving FBI bureaucrats the power to delay sales at licensed dealers doesn't stop gun crime, it impedes Constitutional rights."

Background

H.R.8 - Bipartisan Background Checks Act of 2021

What it does: Criminalize private gun sales and require permanent transfers of firearms with few exceptions to go through a licensed gun dealer in an attempt to close the Democrats' mythical 'gun show loophole.'

Facts:

• Federal firearms laws are already strong in preventing prohibited persons from getting firearms and there is no evidence that banning private gun sales will reduce gun crime.
• We already know that most gun crime is committed in jurisdictions with the strictest gun control measures and with illegally possessed firearms.
• In 2019, the Bureau of Justice Statistics found that fewer than 1% of criminals obtained a firearm at a gun show (0.8%).  Additionally, the vast majority of gun show vendors hold a Federal Firearms License.

H.R.1446 - Enhanced Background Checks Act of 2021

What it does: Eliminates the requirement that background checks of would-be gun buyers at federally licensed gun dealers be completed by the FBI within three days. It changes that window to 10 days, and if that lapses the individual has to petition the FBI, at which time another 10 day window begins.

Facts:

• Current federal law requires the FBI to complete a NICS background check within three days on an individual purchasing a firearm through a licensed gun dealer. If the FBI fails to do so, the sale is legally permitted to proceed.
• 96% of NICs background checks go through within three days, but hundreds of thousands do not.
• This legislation allows the FBI to delay a person's purchase of a firearm intentionally or unintentionally for an unreasonable amount of time.
• Firearm ownership is a fundamental right. Bureaucratic incompetence or hostility to firearm ownership should not delay law-abiding Americans from exercising that right.

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