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Congressman Panetta, Colleagues Pass Two Background Checks for Gun Sales Bills

March 11, 2021

Today, Congressman Jimmy Panetta (D-Carmel Valley) and his House colleagues passed two bills that would enhance background checks for gun sales. H.R. 8, the Bipartisan Background Checks Act of 2021, would require a background check for every gun sale or transfer while providing reasonable exceptions for family and friend transfers. H.R. 1446, the Enhanced Background Checks Act, would close the "Charleston Loophole," which allows the sale of a firearm to proceed if a background check is not completed within three business days.

"No community is immune to the impacts of gun violence," said Congressman Panetta. "As a member of the Gun Violence Prevention Task Force, I am committed to stopping such senseless violence before it can happen through commonsense reform. These bills will require background checks on all firearm sales and close the Charleston Loophole, which contributed to the tragic hate-crime and murder of nine people at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina in 2015. The progress we made today would keep guns out of the hands of irresponsible gun owners while making our communities safer."

Congressman Panetta cosponsored H.R. 8, which would require a background check for every gun sale or transfer and extend the requirement of background checks to unlicensed gun sellers. This includes all commercial firearm sales, including those at gun shows, over the internet, and classified ads. Further, the bill would eliminate a background check loophole, which has allowed individuals who are prohibited from legally owning firearms from obtaining them from unlicensed gun sellers. Currently, an unlicensed gun seller does not have to perform a background check on individual firearm sales.

H.R. 1446 addresses the "Charleston Loophole" that currently allows gun dealers to sell a firearm to individuals if the FBI background check has not been completed within three business days. The shooter at the AME Church in Charleston was prohibited by law from possessing a firearm due to his criminal history, but was able to acquire a gun before the FBI could complete his background check.