2014: Schweikert Voted Against Adding $19.5 Million To Bolster The National Instant Criminal Background Check System's Ability To Prevent Those Barred From Buying A Gun From Doing So. In May 2014, Schweikert voted against an amendment to the FY 2015 Commerce, Justice and Science Appropriations bill that, according to Congressional Quarterly, "increased by $19.5 million the amount provided for the National Instant Criminal Background Check System to upgrade criminal mental health records, in order to provide additional resources for states to submit additional records of prohibited firearm purchasers. That increase was offset by reductions to various other accounts, including $1 million from Commerce Department management, $3 million from Justice sharing information technology, $5.5 million from Federal Prison System buildings and facilities, and $10 million from National Science Foundation agency operations and award management." The House adopted the amendment by a vote of 260 to 145. The House subsequently passed the underlying bill, which died in the Senate. [House Vote 249, 5/29/14; Congressional Quarterly, 6/4/14; Congressional Actions, H. Amdt. 704; Congressional Actions, H.R. 4660]
2021: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Effectively Voted Against The Bipartisan Background Checks Act Of 2021, Which Would Expand Firearm Background Checks. In March 2021, according to Congressional Quarterly, Schweikert 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: Schweikert Effectively Voted Against The Bipartisan Background Checks Act. In March 2021, according to Congressional Quarterly, Schweikert 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: Schweikert Effectively Voted Against The Bipartisan Background Checks Act. In March 2021, according to Congressional Quarterly, Schweikert 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: Schweikert Voted Against Extending The Time A Licensed Firearm Dealer Must Wait For A Background From Three Business Days To Twenty Business Days And Voted Against Expanding The Reasons For Failing A Background Check To Include Additional Mental Issues. In February 2019, Schweikert voted against 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: Schweikert Voted Against Allowing 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, Schweikert voted against 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: Schweikert Voted Against Requiring The FBI Report On The Number Of Background Checks It Was Not Able To Finish Within 10 Days. In February 2019, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against Requiring Federal Background Checks On All Gun Purchases, With An Exemption For Transfers Within Families. On February 2019, Schweikert voted against 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: Schweikert Voted To Require The NICS Tell ICE If An Undocumented Immigrant Tries To Buy A Gun. In February 2019, Schweikert 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: Schweikert 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, Schweikert 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: Schweikert Voted To Waive Background Checks For Firearm Transfers Between Individuals If They Are In The TSA Pre-Check Program. In February 2019, Schweikert voted for 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: Schweikert Effectively Voted To Block Consideration Of Legislation That Would Have Expanded Background Checks To Cover Gun Show, Internet And Classified Sales. In February 2018, Schweikert 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]
2016: Schweikert Effectively Voted To Block A Vote On A Bill That Would Have Expanded Background Checks To Online And Gun Show Purchases. In July 2016, Schweikert effectively voted to block legislation that would have, according to a floor speech by Rep. Michael Thompson (D-CA), "close[d] dangerous loopholes in our background check system that allow criminals, domestic abusers, and the dangerously mentally ill to bypass a background check and purchase guns online, at gun shows, or through classified ads." The vote was on a motion to table an appeal of the ruling of the chair sustaining a point of order against a motion to recommit. The overall motion to recommit would have, according to Congressional Quarterly, "report[ed] the bill back to the House with an amendment that would replace the measure with the text of a bill related to background checks for firearm purchases and transfers." The House agreed to the motion to table, effectively killing a vote on the motion to recommit by a vote of 240 to 182. [House Vote 375, 7/6/16; Congressional Record, 7/6/16; Congressional Quarterly, 7/6/16; Congressional Actions, H.R. 4361]
2021: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against An Amendment That Would Require An Annual Report On Denied Petitions Through The Background Check System For Firearm Transfers By State. In March 2021, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against An Amendment That Would Require A Report On The Bill's Effects On Sexual And Domestic Violence By State. In March 2021, Schweikert voted against 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: Schweikert 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, Schweikert 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: Schweikert 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, Schweikert 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]
2016: Schweikert Voted Against Barring Individuals Prohibited From Purchasing Firearms Under Federal Law From Using Certain Federally Funded Target Ranges. In February 2016, Schweikert voted against an amendment that would have, according to Congressional Quarterly, "require[d] public target ranges that use certain federal funding to bar individuals prohibited from purchasing a firearm under federal law from using the target range." The underlying legislation was a bill that, according to AP would have "expand[ed] access to hunting and fishing areas on public lands, extend[ed] protections for the use of lead bullets in hunting and strip[ped] wolves of federal protections in four states." The vote was on the amendment. The House rejected the amendment by a vote of 161 to 244. [House Vote 92, 2/26/16; Congressional Quarterly, 2/26/16; AP Via US News & World Report, 2/26/16; Congressional Actions, H. Amdt. 947; Congressional Actions, H.R. 2406]
2021: Schweikert Voted Against Increasing 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, Schweikert voted against 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: Schweikert 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, Schweikert 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: Schweikert Effectively Voted Against The Enhanced Background Checks Act. In March 2021, according to Congressional Quarterly, Schweikert 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: Schweikert Effectively Voted Against The Enhanced Background Checks Act. In March 2021, according to Congressional Quarterly, Schweikert 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]