2021: Fitzpatrick Voted For The Expansion Of Firearm Background
Checks, Which Would Require Most Firearm Purchasers To Undergo A
Background Check Using The National Instant Criminal Background Check
System. In March 2021, Fitzpatrick voted for the Bipartisan Background
Checks Act of 2021 which would, according to Congressional Quarterly,
"require most purchasers of firearms to undergo a background check
through the FBI National Instant Criminal Background Check System.
Specifically, beginning 180 days after enactment, it would require any
individual seeking to transfer a firearm to first bring the firearm to a
licensed dealer. It would require the dealer to take possession of the
firearm, complete a background check on the transferee, and return the
firearm to its original owner if the transaction is denied." The vote
was on passage. The House passed the bill by a vote of 227-203. The
Senate did not take substantive action on the bill. [House Vote 75,
3/11/21; Congressional
Quarterly, 3/11/21;
Congressional Actions, H.R.
8]
H.R. 8 Would Close The "Gun Show Loophole" That Facilitates
Firearm Sales To Felons, Domestic Abusers, Or Other Barred From
Owning Firearms. According to Congressional Quarterly, "The bill
would require background checks of sales between private
individuals, with the actual checks to be conducted through the
federal system at licensed gun dealers --- closing the so-called
'gun show loophole' that Democrats say allows sales to felons,
domestic abusers or others who are prohibited from owning firearms."
[Congressional Quarterly,
3/11/21]
Republicans Claimed New Background Check Requirements Would Not
Prevent Illegal Attainment Of Firearms, But Would Instead Violate
Second Amendment Rights Of Law Abiding Citizens. According to
Congressional Quarterly, "Republicans who opposed the bill in the
House say it would hinder the Second Amendment rights of lawful gun
owners while not doing much to prevent unlawful gun purchases."
[Congressional Quarterly,
3/11/21]
The Bill Would Increase Federal Oversight Of Firearm Sales By
Requiring Unlicensed And Private Sellers To Run Background Checks On
Purchasers. According to Vox, "The background checks bill would
expand federal oversight of gun sales, requiring unlicensed and
private sellers to conduct background checks." [Vox,
3/11/21]
The Gun Show Loophole Currently Allows Unlicensed Sellers To Sell
Without Conducting Background Checks, Including Online Purchases,
Gun Show Sales, And Firearm Transfers Between Family And Friends.
According to Vox, "While gun sales between licensed sellers and
buyers are contingent on the buyer's passage of a federal background
check for red flags like a criminal record or a history of mental
illness, unlicensed sellers, including online sales, gun shows, and
sales between family members and friends, are currently under no
obligation to request a background check." [Vox,
3/11/21]
2021: Fitzpatrick Voted For The Expansion Of Firearm Background
Checks, With The Exception Of Family Gifts, Temporary Use For Hunting,
Shooting Range, Pest Control, Death Or Bodily Harm Prevention, And
Transfers Between Law Enforcement Agents For Official Duties. In March
2021, Fitzpatrick voted for the Bipartisan Background Checks Act of 2021
which would, according to Congressional Quarterly, "The bill would make
a number of exceptions to the requirement, including for loans or gifts
between family members; temporary transfers for hunting, use on a
shooting range, or pest control by farmers; temporary transfers to
prevent imminent death or bodily harm, including self-harm; and
transfers to law enforcement personnel, private security professionals,
or members of the armed forces, if associated with official duties." The
vote was on passage. The House passed the bill by a vote of 227-203.
[House Vote 75, 3/11/21;
Congressional Quarterly,
3/11/21; Congressional Actions,
H.R.
8]
2021: Fitzpatrick Effectively Voted Against The Bipartisan Background
Checks Act Of 2021, Which Would Expand Firearm Background Checks. In
March 2021, according to Congressional Quarterly, Fitzpatrick voted for
the "Jordan, R-Ohio, motion to recommit the bill to the House Judiciary
Committee." The vote was on a motion to recommit. The House rejected the
motion by a vote of 207-217. [House Vote 74,
3/11/21; Congressional
Quarterly, 3/11/21;
Congressional Actions, H.R.
8]
2021: Fitzpatrick Effectively Voted Against The Bipartisan Background
Checks Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted against the "adoption of the rule (H Res 188) that
would provide for House floor consideration of the Protecting the Right
to Organize Act (HR 842), the Bipartisan Background Checks Act (HR 8),
and the Enhanced Background Checks Act (HR 1446). The rule would provide
for up to one hour of debate on each of the three bills; provide for
automatic adoption of a Scott, D-Va., manager's amendment to HR 842;
and make in order floor consideration of 19 amendments to HR 842, eight
amendments to HR 8, and four amendments to HR 1446." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 218-197.
[House Vote 64, 3/8/21;
Congressional Quarterly, 3/8/21;
Congressional Actions, H.R.
8;
Congressional Actions, H.Res.
188]
2021: Fitzpatrick Effectively Voted Against The Bipartisan Background
Checks Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted against the "motion to order the previous question
(thus ending debate and possibility of amendment) on the rule (H Res
188) that would provide for House floor consideration of the Protecting
the Right to Organize Act (HR 842), the Bipartisan Background Checks Act
(HR 8), and the Enhanced Background Checks Act (HR 1446). The rule would
provide for up to one hour of debate on each of the three bills; provide
for automatic adoption of a Scott, D-Va., manager's amendment to HR
842; and make in order floor consideration of 19 amendments to HR 842,
eight amendments to HR 8, and four amendments to HR 1446." The vote was
on a motion to order the previous question. The House agreed to the
motion by a vote of 213-195. [House Vote 63,
3/8/21; Congressional
Quarterly, 3/8/21; Congressional
Actions, H.R.
8;
Congressional Actions, H.Res.
188]
2019: Fitzpatrick Voted To Extend The Time A Licensed Firearm Dealer
Must Wait For A Background From Three Business Days To Twenty Business
Days And Voted To Expand The Reasons For Failing A Background Check To
Include Additional Mental Issues. In February 2019, Fitzpatrick voted
for the Enhanced Background Checks Act of 2019. According to
Congressional Quarterly, "This bill requires a licensed gun dealer to
wait up to 20 business days, rather than just three, to hear from the
FBI regarding an individual's background check before being allowed to
complete the sale and transfer the firearm if no determination has been
made through the NICS system. An individual could petition the Justice
Department for the weapon after 10 days. The measure also expands the
categories of individuals who are prohibited from obtaining a firearm by
broadening the ban for those with mental issues." The vote was on
passage. The House passed the bill by a vote of 228 to 198. [House Vote
103, 2/28/19;
Congressional Quarterly,
2/25/19; Congressional Actions,
H.R.
1112]
A Background Check Can Take Up To Three Business Days Before The
Gun Is Allowed To Be Given To The Buyer, Even If The Background
Check Is Not Done. According to Vox, "Under federal law, the great
majority of checks are completed with few problems. But a small few
are deemed inconclusive, at which point the FBI can ask for three
business days to complete a check. If the FBI doesn't complete those
background checks within three business days --- maybe it can't get
the right information in time, or maybe a report takes too long to
fax to the FBI --- then the would-be buyer is allowed to purchase a
gun despite not completing a background check. According to
ThinkProgress, the FBI failed to complete background checks within
three business days in about 3.59 percent of the more than 8.6
million gun background checks in 2017. This percentage is slowly
creeping up: It was 2.76 percent in 2014, 3.02 percent in 2015, and
3.24 percent in 2016." [Vox,
2/28/18]
The Charleston Shooter Got His Gun Because Of This Loophole Even
Though He Should Have Been Denied A Gun Via A Background Check.
According to Congressional Quarterly, "Under current law, although
licensed gun dealers generally receive a response that a prospective
buyer has passed or failed a background check within a few minutes,
in less than 10% of cases federal examiners require additional time
to complete the background check. But if the examiners do not get
back to the dealer within the current three-business-day period, the
dealer can decide to allow the sale to go through without the final
result of the check. Just such a loophole allowed Dylann Roof, who
in 2015 murdered nine people at the Emanuel African Methodist
Episcopal Church in Charleston, S.C., to purchase a gun even though
he was not legally allowed to possess a firearm due to drug charges.
Simply put: providing the FBI with additional time to complete
background checks will save lives." [Congressional Quarterly,
2/25/19]
2019: Fitzpatrick Voted To Allow A Gun Dealer, Who Was Given
Notification That A Transfer Was Legal Within Three Business Days, To
Rely On That Information For 25 Days After The Transfer Becomes Legal.
In February 2019, Fitzpatrick voted for an amendment that would have,
according to a summary of the amendment from H. Rept. 116-14,
"allow[ed] an FFL who has contacted NICS, and who was not notified
that the transfer is legally permissible within 3 business days of the
initial date of contact, to rely on information provided by NICS
respecting a transfer for 25 days after the transfer becomes legally
permissible." The underlying bill was a bill that closed the so-called
"Charleston Loophole." The House passed the amendment by a vote of 234
to 193. The House later passed the underlying bill. [House Vote 101,
2/28/19; Congress.gov,
H. Rept.
116-14;
Congressional Actions, H. Amdt.
53;
Congressional Actions, H.R.
1112]
2019: Fitzpatrick Voted To Require The FBI Report On The Number Of
Background Checks It Was Not Able To Finish Within 10 Days. In
February 2019, Fitzpatrick voted for an amendment that would have,
according to a summary of the amendment from H. Rept. 116-14,
"require[d] the FBI to report on the number of petitions it was not
able to make a determination on within the 10-day period." The
underlying bill was a bill that closed the so-called "Charleston
Loophole." The House adopted the amendment by a vote of 282 to 144. The
House later passed the underlying bill. [House Vote 100,
2/28/19; Congress.gov,
H. Rept.
116-14;
Congressional Actions, H. Amdt.
50;
Congressional Actions, H.R.
1112]
2018: Fitzpatrick Voted For The $1.3 Trillion FY 2018 Omnibus
Spending Deal Which Raised Spending By $138 Billion Over FY 2017
Levels; Legislation Included The Fix NICS Act, Which Would Attempt To
Better The National Instant Criminal Background Check System. In March
2018, Fitzpatrick voted for the FY 2018 Omnibus spending bill. According
to Congressional Quarterly, "Combined, the spending measures would
provide about $1.3 trillion in discretionary spending, with $1.2
trillion subject to discretionary spending caps, and $78.1 billion
designated as Overseas Contingency Operations funds. The measure's
spending levels are consistent with the increased defense and
non-defense budget caps set by the two-year budget deal agreed to last
month. That agreement increased the FY 2018 defense cap by $80 billion
and the non-defense cap by $63 billion. Given that the previous caps
were set to reduce overall discretionary spending by $5 billion, the
net increase provided by the omnibus is $138 billion over the FY 2017
level." The vote was on the motion to concur in the Senate Amendment
with an Amendment. The House agreed to the motion, thereby passing the
bill, by a vote of 256 to 167. The Senate later agreed to the
legislation, sending it to the president, who signed it into law.
[House Vote 127,
3/22/18; Congressional
Quarterly, 3/22/18; Congressional
Actions, H.R.
1625]
Omnibus Included The Fix NICS Act, Which Required State Law
Enforcement Report Criminal Records To The NICS. According to Vox,
"The omnibus includes a new law (the Fix NICS Act) that would
increase enforcement of the federal law requiring state law
enforcement agencies to report criminal records to the National
Instant Criminal Background Check System (NICS), and give states
more financial incentives to report records. It's just about the
most modest thing that Congress could do on guns, but it's still
sparked some conservative pushback; the Freedom Caucus wanted to
pair it with a law requiring states to recognize each other's
concealed carry permits." [Vox,
3/23/18]
Student Survivors Of The Parkland Shooting Helped Change The Gun
Safety Conversation. According to Vox, "The students of Marjory
Stoneman Douglas High School are changing the rhetoric around school
shootings and gun control, and have succeeded in keeping the tragedy
in Parkland, Florida, in the news for much longer than the media's
usual attention span. With the March for Our Lives and planned
school walkouts, student activists hope to turn their vocal protest
of gun violence into a sustained movement." [Vox,
3/23/18]
2019: Fitzpatrick Voted To Require Federal Background Checks On All
Gun Purchases, With An Exemption For Transfers Within Families. On
February 2019, Fitzpatrick voted for the Bipartisan Background Checks
Act of 2019. According to Congressional Quarterly, "The bill expands
federal background check requirements to require virtually all
purchasers of firearms to undergo a background check through the
National Instant Criminal Background Check System (NICS) --- in
particular individuals who purchase firearms from other individuals
through private transactions. Under the measure, the transfer of
firearms must be conducted through licensed gun dealers who would
perform the background check through the NICS. The measure exempts a
number a firearms transfers from the bill's background check
requirement, including transfers between family members." The vote was
on passage. The House passed the bill by a vote of 240 to 190. [House
Vote 99, 2/27/19;
Congressional Quarterly,
2/25/19; Congressional Actions,
H.R.
8]
Sales Between Private Individuals Must Be Done By A Licensed Gun
Dealer. According to Congressional Quarterly, "To conduct the
background check, the measure requires private individuals seeking
to sell or transfer a firearm to another private individual to visit
a licensed firearms dealer --- with the licensed dealer to take
possession of the firearm and run the necessary background check of
the prospective buyer through the NICS as if conducting a background
check for a firearm from its own inventory. If the transaction is
denied because of the background check or for any other reason, the
dealer must return the weapon to the original owner (without
conducting any background check). Licensed firearm dealers would be
permitted to charge a fee for conducting background checks and
processing such private transactions --- but they could not be
required to process such transactions and run the background
checks." [Congressional Quarterly,
2/25/19]
Exemptions Of The Universal Background Check Requirement Include
Transfers Between Family Members Or Temporary Transfers Due To
Imminent Death Or Bodily Threat. According to Congressional
Quarterly, "The following sales and transfers of firearms would not
be subject to the bill's background check requirements: Sales or
transfers involving law enforcement agencies or officers, armed
private security professionals, or members of the U.S. Armed Forces
to the extent the transaction is associated with official duties;
Loans or bona fide gifts between family members, including between
parents and children, grandparents and grandchildren, and aunts and
uncles and nieces and nephews; Transfers to executors or
administrators from an estate upon the death of an individual;
Temporary transfers necessary to prevent imminent death or great
bodily harm for as long as the threat exists; Fully automatic
firearms legally owned and registered with the Treasury Department
prior to May 19, 1986; and Temporary transfers if there is no reason
to believe it will be used in a crime and will exclusively be used
at a shooting range or gallery, or necessary for hunting, trapping,
or fishing, so long as the weapon is in the presence of the owner."
[Congressional Quarterly,
2/25/19]
Democrats Argue That No Other Industrialized Nation Experiences
Gun Violence Akin To The United States And Someone Who Could Not
Purchase A Gun That Requires A Background Check Should Not Be
Allowed To Instead Purchase At A Gun Show Without A Passing A
Background Check. According to Congressional Quarterly,
"Supporters of the two bills argue that the shear increase in gun
violence warrants greater federal action. The level of gun violence
and especially mass murders, which the FBI defines as shootings
where four or more victims are killed, have increased dramatically
since 2011 with mass shootings now occurring once every 64 days on
average. No other industrialized country comes close to suffering
the level of gun violence seen in the United States. And the only
major difference between U.S. and these other countries is the
largely unchecked ability to purchase guns in America and the ease
with which many people can easily skirt the nation's background
check system." [Congressional Quarterly,
2/25/19]
2019: Fitzpatrick Voted To Require The NICS Tell ICE If An
Undocumented Immigrant Tries To Buy A Gun. In February 2019,
Fitzpatrick effectively voted for an amendment that would have,
according to Congressional Quarterly, "require[d] that the National
Instant Criminal Background Check System (NICS) notify U.S. Immigration
and Customs Enforcement when a background check for an individual
seeking to purchase a firearm finds that the individual is an
undocumented immigrant." The underlying legislation was the Bipartisan
Background Checks Act of 2019, which required universal background
checks for firearm purchases. The vote was on a motion to recommit. The
House agreed to the motion, thereby agreeing to the amendment, by a vote
of 220 to 209. The House later passed the underlying bill. [House Vote
98, 2/27/19;
Congressional Quarterly, 2/27/19;
Congressional Actions, H.R.
8]
2019: Fitzpatrick Voted To Include Threats Of Sexual Assault, Dating
Partner Violence, Domestic Violence, Stalking, And Domestic Abuse To
Allow For A Temporary Transfer A Firearm Without Needing To Undergo A
Background Check. In February 2019, Fitzpatrick voted for an amendment
that would have, according to a summary of the amendment from H. Rept.
116-14, "clarifies that 'great bodily harm' includes domestic violence,
dating partner violence, sexual assault, stalking, and domestic abuse."
The underlying legislation was the Bipartisan Background Checks Act of
2019, which required universal background checks for firearm purchases.
The House passed the amendment by a vote of 310 to 119. The House later
passed the underlying bill. [House Vote 97,
2/27/19; Congress.gov,
H. Rept.
116-14;
Congressional Actions, H. Amdt.
46;
Congressional Actions, H.R.
8]
2019: Fitzpatrick Voted Against Waiving Background Checks For Firearm
Transfers Between Individuals If They Are In The TSA Pre-Check
Program. In February 2019, Fitzpatrick voted against an amendment that
would have, according to a summary of the amendment from H. Rept.
116-14, "allows the transfer of firearms to individuals who participate
in the TSA Pre-Check program of the Department of Homeland Security."
The underlying legislation was the Bipartisan Background Checks Act of
2019, which required universal background checks for firearm purchases.
The House rejected the amendment by a vote of 182 to 250. [House Vote
96, 2/27/19;
Congress.gov, H. Rept.
116-14;
Congressional Actions, H. Amdt.
96;
Congressional Actions, H.R.
8]
2018: Fitzpatrick Effectively Voted To Block Consideration Of
Legislation That Would Have Expanded Background Checks To Cover Gun
Show, Internet And Classified Sales. In February 2018, Fitzpatrick
effectively voted to block legislation that would have, according to a
press release from Reps. Mike Thompson (D-CA) and Peter King (D-NY),
"expand[ed] the existing background check system to cover all
commercial firearm sales, including those at gun shows, over the
internet or in classified ads while providing reasonable exceptions for
family and friend transfers. [...] The legislation also supports the
Second Amendment rights of law-abiding gun owners. It provides
reasonable exceptions for firearms transfers between family members,
friends, and hunting buddies. Under the bill, background checks would
continue to be conducted in the same manner as they have for more than
40 years. The bill also help strengthen the National Instant Criminal
Background Check System (NICS) by incentivizing states to improve
reporting of criminals and the dangerously mentally ill and by directing
future grant funds toward better record-sharing systems. The bill will
reduce federal funds to states that do not comply." The vote was on a
motion to table the appeal of the ruling of the chair. The House adopted
the motion, essentially killing the legislation, by a vote of 228 to
184. [House Vote 83,
2/27/18; Reps. Thompson
and King Press Release,
11/3/17;
Congressional Record,
2/27/18;
Congressional Actions, H.R.
4240]
2021: Fitzpatrick Voted For An Amendment That Would Require A Report
On National Instant Criminal Background Check Denials Sent For
Investigation By The Bureau Of Alcohol, Tobacco, Firearms And
Explosives. In March 2021, Fitzpatrick voted for en bloc amendments
no.1 to the Enhanced Background Checks Act of 2021 which would,
according to Congressional Quarterly, "require the Justice Department
inspector general to submit a report to Congress on the number of
National Instant Criminal Background Check System denials referred for
investigation by the Bureau of Alcohol, Tobacco, Firearms and
Explosives." The vote was on adopting amendments. The House adopted the
amendments by a vote of 225-202. [House Vote 73,
3/10/21; Congressional
Quarterly, 3/10/21;
Congressional Actions,
H.Amdt.29;
Congressional Actions, H.R.
1446]
2021: Fitzpatrick Voted For An Amendment That Would Require An Annual
Report On Denied Petitions Through The Background Check System For
Firearm Transfers By State. In March 2021, Fitzpatrick voted for en
bloc amendments no.1 to the Enhanced Background Checks Act of 2021 which
would, according to Congressional Quarterly, "require the annual FBI
report on petitions regarding firearm transfers that were not approved
through the background check system to include certain information
disaggregated by state." The vote was on adopting amendments. The House
adopted the amendments by a vote of 225-202. [House Vote 73,
3/10/21; Congressional
Quarterly, 3/10/21;
Congressional Actions,
H.Amdt.29;
Congressional Actions, H.R.
1446]
2021: Fitzpatrick Voted For An Amendment That Would Require A Report
On The Effectiveness Of Preventing Prohibited Individuals From Obtaining
Transferred Firearms By State And Reason For Denial. In March 2021,
Fitzpatrick voted for en bloc amendments no.1 to the Enhanced Background
Checks Act of 2021 which would, according to Congressional Quarterly,
"require the Government Accountability Office report on the extent to
which the bill prevented firearms from being transferred to prohibited
persons to be disaggregated by state and by the basis for denial." The
vote was on adopting amendments. The House adopted the amendments by a
vote of 225-202. [House Vote 73,
3/10/21; Congressional
Quarterly, 3/10/21;
Congressional Actions,
H.Amdt.29;
Congressional Actions, H.R.
1446]
2021: Fitzpatrick Voted For An Amendment That Would Require A Report
On The Bill's Effects On Sexual And Domestic Violence By State. In
March 2021, Fitzpatrick voted for en bloc amendments no.1 to the
Enhanced Background Checks Act of 2021 which would, according to
Congressional Quarterly, "require the Justice Department report on the
effects of the bill on domestic violence, domestic abuse, dating partner
violence, sexual assault and stalking to be disaggregated by state." The
vote was on adopting amendments. The House adopted the amendments by a
vote of 225-202. [House Vote 73,
3/10/21; Congressional
Quarterly, 3/10/21;
Congressional Actions,
H.Amdt.29;
Congressional Actions, H.R.
1446]
2017: Fitzpatrick Voted To Prohibit The VA From Determining A Person
Is Mentally Incompetent In Order To Be Added To The National Instant
Criminal Background Check System. In March 2017, Fitzpatrick voted for
legislation that would have, according to Congressional Quarterly,
"prohibit[ed] a Veterans Affairs Department determination that an
individual is mentally incompetent from being used as basis for that
individual's inclusion in the National Instant Criminal Background Check
System, which would thereby prevent the individual from purchasing a
gun. Under the measure, an individual could not [have] be[en]
considered to be mentally defective without a judicial authority's
finding that the individual poses a danger to himself or herself or
others." The vote was on passage. The House passed the legislation by a
vote of 240 to 175. The Senate took no substantive action on the
legislation. [House Vote 169,
3/16/17; Congressional
Quarterly, 3/16/17; Congressional
Actions, H.R.
1181]
2017: Fitzpatrick Voted To Disapprove A Rule Adding Individuals Who
Cannot Manage Their Own Finances, Often Due To Mental Impairment, To The
National Criminal Background Check System. In February 2017,
Fitzpatrick voted for disapproving a rule preventing certain people
deemed mentally ill from obtaining weapons via the Congressional Review
Act. According to Congressional Quarterly, "This resolution disapproves
the rule submitted by the Social Security Administration relating to
Implementation of the NICS Improvement Amendments Act of 2007, which was
published in the Federal Register on Dec. 19, 2016. It provides that the
rule would have no force or effect." The vote was on the legislation.
The House agreed to the legislation by a vote of 235 to 180. President
Trump later signed the legislation into law. [House Vote 77,
2/2/17; Congressional
Quarterly, 1/27/17;
Congressional Actions, H. J. Res.
40]
The National Instant Criminal Background Check System Restricts
Firearm Sales To Certain People. According to Congressional
Quarterly, "The National Instant Criminal Background Check System
(NICS) Improvement Amendments Act of 2007 (PL 110-180) requires
federal agencies to provide relevant records to the Justice
Department for inclusion in the NICS. The NICS restricts firearm
sales to certain individuals." [Congressional Quarterly,
1/27/17]
December 2016: The SSA Finalized A Rule That Added People Who
Receive Disability Insurance Or SSI Via A 'Representative Payee'
Because They Cannot Manage Their Own Finances To The NCIS.
According to Congressional Quarterly, "In late December, about a
month before President Obama left office, the Social Security
Administration finalized a rule to identify for inclusion in the
NICS certain individuals who receive disability insurance or
Supplemental Security Income (SSI) payments and who receive benefits
through a so-called 'representative payee' because they cannot
manage their own finances, often because of mental impairment. It is
not directed at individuals who receive retirement benefits."
[Congressional Quarterly,
1/27/17]
The Rule Establishes A System For People To Request Relief From
The Possible Prohibition On Possessing A Gun. According to
Congressional Quarterly, "Under the final rule, the Social Security
Administration is directed to notify individuals at the commencement
of the adjudication process of the possible federal prohibition on
them possessing or receiving firearms, the consequences of the
prohibition, the criminal penalties for violating the Gun Control
Act and the availability of relief from the prohibition. The agency
is also directed to establish a program that permits individuals to
request relief from the federal firearms prohibitions based on
Social Security Administration adjudication. The final rule was
effective on Jan. 18, 2017, but compliance is not required until
Dec. 19, 2017." [Congressional Quarterly,
1/27/17]
USA Today: House Votes To Strike Rule Banning Guns For Some Deemed
Mentally Impaired. According to USA Today, "House votes to strike
rule banning guns for some deemed mentally impaired. WASHINGTON
---The House of Representatives approved its first effort of the new
Congress to roll back gun regulations, voting to overturn a rule
that would bar gun ownership by some who have been deemed mentally
impaired by the Social Security Administration." [USA Today,
2/2/17]
2021: Fitzpatrick Voted To Increase The Waiting Period Up To 20 Days
For Licensed Gun Dealers To Receive A Purchaser's Background Check
Before Finalizing The Sale Or Transferring A Firearm. In March 2021,
Fitzpatrick voted for the Enhanced Background Checks Act of 2021 which
would, according to Congressional Quarterly, "require a licensed gun
dealer to wait up to 20 business days, as opposed to three under current
law, for notification from the FBI regarding an individual's background
check before completing the sale or transfer of a firearm. Specifically,
it would allow a prospective gun purchaser to petition the Justice
Department to complete the sale after 10 days if no determination on
their eligibility has been made through the National Instant Criminal
Background Check System and allow the dealer to complete the transaction
an additional 10 days after the petition is submitted. It would also
require the Government Accountability Office, FBI and Justice Department
to submit a number of reports regarding the bill's effectiveness and
implementation, including on the number of petitions not adjudicated
within the second 10-day period and the bill's effect on the safety of
victims of domestic violence and sexual assault." The vote was on
passage. The House passed the bill by a vote of 219-210. The Senate did
not take substantive action on the bill. [House Vote 77,
3/11/21; Congressional
Quarterly, 3/11/21;
Congressional Actions, H.R.
1446]
2015 Charleston Shooter Was Able To Legally Purchase A Firearm
After 3 Days Because The "Wrong Arresting Agency Was Listed In State
Criminal History Records," So The Background Check Examiner Never
Saw The Shooter's Criminal History. According to AP News, "The
second bill, which passed 219-210, would extend the review period
for background checks from three to 10 days. Rep. Jim Clyburn,
D-S.C., introduced the legislation after a shooter killed nine
people at a Charleston, S.C., church in 2015. The FBI said afterward
that a background check examiner never saw the shooter's previous
arrest report because the wrong arresting agency was listed in state
criminal history records, and the gun dealer was legally permitted
to complete the transaction after three days." [AP News,
3/11/21]
The Bill Would Close The "Charleston Loophole," Which Helped
Dylann Roof Legally Buy A Firearm To Murder Nice People In
Charleston, South Carolina In 2015 Since Some Licensed Gun Sales Are
Authorized Before The Background Check Is Completed. According to
CNN, "Separate legislation, H.R. 1446, introduced by Democratic Rep.
Jim Clyburn of South Carolina and called the Enhanced Background
Checks Act of 2021, passed 218-210 would close what's known as the
'Charleston Loophole,' which allows some licensed gun sales to go
through before a required background check is done. Using that
loophole, Dylann Roof was able to legally purchase a firearm to kill
nine people at a historically Black church in Charleston, South
Carolina, in 2015." [CNN,
3/11/21]
2021: Fitzpatrick Effectively Voted Against The Enhanced Background
Checks Act Of 2021, Which Would Increase The Waiting Period For
Background Checks. In March 2021, according to Congressional
Quarterly, Fitzpatrick voted for the "Hudson, R-N.C., motion to recommit
the bill to the House Judiciary Committee." The vote was on a motion to
recommit. The House rejected the motion by a vote of 206-212. [House
Vote 76, 3/11/21;
Congressional Quarterly,
3/11/21; Congressional Actions,
H.R.
1446]
2021: Fitzpatrick Effectively Voted Against The Enhanced Background
Checks Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted against the "adoption of the rule (H Res 188) that
would provide for House floor consideration of the Protecting the Right
to Organize Act (HR 842), the Bipartisan Background Checks Act (HR 8),
and the Enhanced Background Checks Act (HR 1446). The rule would provide
for up to one hour of debate on each of the three bills; provide for
automatic adoption of a Scott, D-Va., manager's amendment to HR 842;
and make in order floor consideration of 19 amendments to HR 842, eight
amendments to HR 8, and four amendments to HR 1446." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 218-197.
[House Vote 64, 3/8/21;
Congressional Quarterly, 3/8/21;
Congressional Actions, H.R.
1446;
Congressional Actions, H.Res.
188]
2021: Fitzpatrick Effectively Voted Against The Enhanced Background
Checks Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted against the "motion to order the previous question
(thus ending debate and possibility of amendment) on the rule (H Res
188) that would provide for House floor consideration of the Protecting
the Right to Organize Act (HR 842), the Bipartisan Background Checks Act
(HR 8), and the Enhanced Background Checks Act (HR 1446). The rule would
provide for up to one hour of debate on each of the three bills; provide
for automatic adoption of a Scott, D-Va., manager's amendment to HR
842; and make in order floor consideration of 19 amendments to HR 842,
eight amendments to HR 8, and four amendments to HR 1446." The vote was
on a motion to order the previous question. The House agreed to the
motion by a vote of 213-195. [House Vote 63,
3/8/21; Congressional
Quarterly, 3/8/21; Congressional
Actions, H.R.
1446;
Congressional Actions, H.Res.
188]