H.R.18 - Bipartisan Background Checks Act of 2025 (119th Congress)
Summary
H.R.18, the Bipartisan Background Checks Act of 2025, aims to require background checks for all firearm sales, closing loopholes that allow private sales without such checks. The bill amends Section 922 of Title 18, United States Code, making it unlawful for unlicensed individuals to transfer firearms to other unlicensed individuals without involving a licensed importer, manufacturer, or dealer to conduct a background check. Certain exceptions are included, such as transfers between family members, law enforcement, and temporary transfers to prevent imminent harm.
The Act also mandates that licensed dealers provide notice of the prohibition to the transferee and receive certification of receipt. The Attorney General is required to provide Spanish and English versions of the background check forms and notices.
The bill explicitly states that it should not be construed as authorizing a national firearms registry or interfering with a state's right to enact laws on the same subject matter.
Expected Effects
The primary effect of this bill, if enacted, would be to expand the scope of background checks for firearm sales, potentially reducing the number of firearms acquired by individuals legally prohibited from owning them. This could lead to a decrease in gun violence and enhance public safety.
Licensed firearm dealers would see an increase in business as they would be required to facilitate nearly all firearm transfers between private parties. Individuals seeking to transfer firearms would face additional steps and potential delays due to the background check requirement.
Potential Benefits
- Reduced Gun Violence: By expanding background checks, the bill aims to prevent prohibited individuals from acquiring firearms, potentially reducing gun violence.
- Enhanced Public Safety: Ensuring that more firearm sales undergo background checks can contribute to a safer society by keeping guns out of the hands of criminals and other prohibited persons.
- Support for Law Enforcement: The bill supports law enforcement efforts to combat illegal firearm trafficking and reduce crime.
- Clarity and Consistency: The bill provides clearer guidelines for firearm transfers, reducing ambiguity and potential legal challenges.
- Addresses Loopholes: Closes existing loopholes that allow individuals to bypass background checks when purchasing firearms from private sellers.
Potential Disadvantages
- Burden on Law-Abiding Citizens: The expanded background check requirement could create additional hurdles and delays for law-abiding citizens seeking to transfer firearms.
- Potential for a De Facto Registry: While the bill explicitly prohibits a national firearms registry, some worry that the record-keeping requirements could lead to a de facto registry.
- Impact on Rural Communities: In rural areas with limited access to licensed dealers, the requirement could pose a significant inconvenience.
- Enforcement Challenges: Ensuring compliance with the expanded background check requirement could be challenging, particularly for private transfers.
- Privacy Concerns: Some individuals may have privacy concerns related to the expanded collection and storage of personal information during background checks.
Constitutional Alignment
The bill's alignment with the Second Amendment is a key consideration. While the Second Amendment protects the right to bear arms, this right is not unlimited. The Supreme Court has acknowledged the constitutionality of reasonable restrictions on firearm sales, such as background checks.
The bill also includes provisions to prevent the establishment of a national firearms registry, which could potentially infringe on privacy rights. The Tenth Amendment reserves powers not delegated to the federal government to the states, and the bill explicitly states that it does not interfere with a state's right to enact laws on the same subject matter.
Overall, the bill appears to be crafted to balance the right to bear arms with the need for reasonable regulations to promote public safety, aligning with the Supreme Court's interpretation of the Second Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).