Gun Control, HR 8 and HR 1446 Pass House

HR 8 and HR 1446 Gun Control Bills Passed in House

gun control laws are bad

What do HR 8 and HR 1446 passing the House mean for gun rights?

Believe it or not, the media and congress hyper-focus on anything related to COVID and comrade Faucci is starting to subside. Legislators, aided by their media mouthpieces are shifting their efforts to making good on President Biden's and Vice President Harris's promise to push more gun control. Just yesterday the US House of Representatives passed two gun control bills, HR 8 and HR 1446. While the House of Representatives passed the bill, it still must be passed in the US Senate.

You may be surprised to see just how these bills were voted on, and some of the statements the representatives made to substantiate their positions.

UPDATE: On April 8th, 20221 President Biden gave a speech outlining his desire for gun control. If you want to know what the president said, you can check it out here.

Let's break it down one at a time:

What is the reasoning behind HR 8 – The Bipartisan Background Checks Act of 2021?

Just as the bill's title would suggest, HR 8 is designed to force all gun sales to go through a licensed firearms dealer so a background check can be conducted. It is current law that a background check must be completed on the buyer of a firearm when the seller is a licensed dealer. This applies to gun stores, gun shows, or online gun dealers. In each instance, the buyer must pass a background check to see if they are legally restricted from possessing a firearm. If you want to take a deep dive into understanding background checks, check this post out.

Currently, 33 states allow private individuals to sell guns to other private individuals without performing a background check. And federal law requires a background check on the buyer of a firearm when the seller is a licensed dealer. This mandatory background check would apply to sales in a gun store, gun show, or purchases through an online gun dealer. In each instance, the buyer must pass a background check to see if they are legally restricted from possessing a firearm.

As a side note, even in states that allow for private party sales, federal law prohibits the private party sale of handguns to individuals across state lines.

How does HR 8 affect background checks?

So in essence, the bill creates federal law that requiring universal background checks for all gun purchases, nullifying any state law allowing private party sales. There are many issues with the universal background check premise.

The legal private party sales mentioned above are what people sometimes refer to as “street sales”. There has been no data that suggests that prohibiting private party “street sales” has an effect on prohibited people's ability to obtain guns. They would still conduct ‘street sales' regardless of there being a law against it or not. What it would do is force those who are selling and buying a single gun to someone else the added fees of background checks. This may not seem like a big deal to most people. However, this will absolutely, disproportionally affect poor people who tend to live in more crime-ridden places. Of course, they are getting the guns via ‘street sales', however prohibiting ‘street sales' does not seem to be a deterrent to people who are not concerned with violating the law.

We discussed many more issues with universal background checks on the podcast back in 2017.

gun control is a slippery slope

We often say gun control laws create a slippery slope toward losing the right altogether. In recent months it appears to be more of a slippery cliff.

Back in 2019 this same bill passed the House of Representatives but failed to pass in the Republican-controlled Senate. Yesterday the bill passed the House with 227 yeas and 203 nays. Eight republican representatives voted FOR the bill, while 1 Democrat voted against the bill. Of course, the bill still must pass the Senate, but there is no longer a Republican majority. Can this bill make it through the Senate this time around?

Lawmakers made the following remarks:

Senate Majority Leader Schumer said:

We'll have the good sense to have had this bill twice and in the past when they send it over to us last time, it went into Mitch McConnell's legislative graveyard. The legislative graveyard is over. H.R. 8 will be on the floor of the Senate and we will see where everybody stands. No more thoughts and prayers. A vote is what we need.

Republican Adam Kinzinger said:

Following the shootings in Dayton, Ohio and El Paso, Texas in August 2019, I said publicly that should the H.R. 8 legislation come before the House again, I would vote in its favor. And today, I did just that. This legislation by itself will not stop the violence, it will help.

Along with Kinzinger, the following Republicans voted in favor of HR 8. Those in Florida, Pennsylvania, New York, New Jersey, and Michigan, remember their names when it comes time to vote.

Republicans who voted for the Gun Control Bill HR 8:

Vern Buchanan of Florida

Carlos Gimenez of Florida

Maria Salazar of Florida

Brian Fitzpatrick of Pennsylvania

Adam Kinzinger

Andrew Garbarino of New York

Chris Smith of New Jersey

Fred Upton of Michigan

Democrat voted against HR 8:

Jared Golden of Maine

HR 1446 Enhanced Background Checks Act of 2021

As noted above, federal law requires a gun buyer to pass a background check when purchasing from a dealer. Occasionally the result of the query does not come back right away. In these instances, the seller does not proceed with the sale and must wait for the FBI's system to respond. However, if 3 days have passed and the NICS background check system does not return with a response that the sale can proceed or that the person is prohibited, the sale can go through. This is often referred to as the “Charleston Loophole.”

The law's prescribed time limit is important because if the FBI can arbitrarily delay a person from purchasing a firearm, their right is subjectively diminished.

What is the reasoning behind The Gun Control Bill HR 1446?

What HR 1446 would do is extend this waiting period from 3 days to 10 days. The justification for this change is an incident in Charleston, South Carolina in 2015. A man purchased a firearm from a gun dealer. He submitted to a NICS check but that check did not return a proceed result and thus was delayed. After 3 days his NICS check still did not return a response that he was legally prohibited from possessing a firearm. Following the law, the gun purchase proceeded and the psychopath eventually killed 9 people who were having a bible study inside a local church.

The sponsor of the bill Rep Clyburn said:

These people who were practicing their faith, their faith that taught them to welcome in a stranger, a stranger came to their door and they welcomed into their Bible study, he sat with them for an hour. The stranger that they had welcomed in had opened fire and killed nine of them, one of who was the pastor, a former intern of mine. This law would have prevented that gentleman from getting a gun.
Tennessee Church Shooting

The mass shooting at a church in Charleston, South Carolina is used as justification of HR 1446.

Would The Gun Control Written in HR 1446, a bill to address the Charleston mass shooting, have had any effect on the actual Charleston shooting?

It is absolutely senseless and horrific that these people were murdered, but lying about the facts to pursue gun control in no way honors the victims. The truth is this proposed 10-day fix would not have prevented the maniac from “getting a gun.” The murderer, in this case, was not legally prohibited from possessing a firearm. Even if the waiting period had been 10 days, it still eventually would have returned a result that he was not legally prohibited from possessing a firearm.

There were reports that he was facing a drug possession charge and that would have been a prohibiting factor. That is inaccurate as the specific drug charge he was facing was a misdemeanor and would not have precluded him from buying the gun.

The bill passed the House with a vote of 218 yeas and 210 nays.

Republicans voting for HR 1446 are:

Brian Fitzpatrick of Pennsylvania

Chris Smith of New Jersey

Democrats who voted against HR 1446 are:

Ron Kind of Wisconsin

Jared Golden of Maine

What is The Future of this Gun Control Legislation?

Sorry, we don't have a crystal ball, so we're not going to make any bold predictions on what happens in the Senate. Plus the last few years of politics have made it abundantly clear that predicting anything that will happen in Washington is a fool's bet. But we will leave you with an uplifting speech given by North Carolina Representative, Republican Madison Cawthorn. He said Americans

“have the right to obtain a firearm for lawful purposes, you will not take this right away from us…” He went on and said “If you think this bastardization of the Constitution will be met with silence, then you know nothing of the America I know.”

You have to hear the full speech so here it is!

If you are interested in keeping up to date with legal issues affecting the Second Amendment, check out our Concealed Carry Podcast. We dedicate one episode a month to discussing legal issues affecting the Second Amendment.

 

About Matthew Maruster

I follow my Lord and Saviour Jesus Christ who is the eternal co-equal Son of God. I currently live in Columbus, Ohio with my wife and daughter. I served in the Marine Corps Infantry. I was a Staff Sergeant and served as a Platoon Sergeant during combat in Iraq. After I was a police officer at a municipal agency in San Diego County. I have a Bachelors's Degree in Criminal Justice from National University. MJ Maruster Defense.

13 Comments

  1. Chris P. La Porte on March 14, 2021 at 4:28 pm

    I object to the reference to “comrade” Fauci”. This post is entirely too political. I appreciate the good info you guys put out on concealed carry, but I don’t want political discourse. If this politics continues, I’m gone. There’s too much of this everywhere.

    • Matthew Maruster on March 14, 2021 at 5:48 pm

      Hi Chris thanks for taking the time to leave us some feedback. We absolutely encourage you to make your view on the post be known through you public comment.

      Calling faucci ‘comrade’ was sarcastic and in context to the obsession around COVID and his error ladened opinions that were used to justify the unprecedented, extreme overreach of the federal government. As well as the suspension of civil liberties. A guy who served at the request of both a republican president and democratic president.

      The post goes on to criticize both republicans and democrats for pushing gun laws that will only hurt law abiding citizens. The laws proposed would do nothing for ‘public safety’ and any politician needs to be called out for supporting such efforts.

      We don’t want to see you go, however we do have to write about topics that are inherently political.

    • Jerod Wilson on March 17, 2021 at 9:38 pm

      Well, golly gee Chris. So you want to avoid politics but believe in concealed carry? Hmm… yeah, I don’t see that happening if you truly want to protect your 2nd Amendment rights. In fact, I’d have to say that attitudes like yours are how we got to this point in the first place. We must fight, Chris, not avoid what tires us. Apathy and avoidance are what the liberal far left and progressives hope we choose. This is a war of America versus Socialism/Communism and I’m not going to remain passively restrained while our Bill of Rights is stripped away from us. I’d sincerely recommend you join the fight or kiss freedom goodbye. Edmund Burke said it much better: “All that is required for the triumph of evil is for good men to do nothing.” Let’s be “good men” and do something – fight back against those who would take away our rights! And no, I do not mean violence or physical confrontations. I mean we must voice our views loudly and proudly and not sit idly by until it’s too late.

  2. Mastermech48 on March 14, 2021 at 9:20 pm

    HR 8 and HR 1446, WHAT effect will these bills have on STREET SALES and the WAITING Period before you can purchase?? What is that you say, NOTHING!!!!! You got it dude. No negative impact on street sales even to minors. NOW we know where the politicians are concentrating and it is not on the REAL problems either!!!

    • Anthony Nixon on March 17, 2021 at 5:34 pm

      What part of Shall not be Infrenged do these idiots don’t understand? They are not for We the People. They’re only out for control.

      • Mark on March 18, 2021 at 7:42 am

        Constitution too esoteric for government indoctrinated students, basically null and void. Keep playing a rigged game and we lose it all. Politicians don’t work for you and most too placid too assert their God given rights. Gun owners are played by both sides to extract wealth and we all are on slow a path of defeat supporting liars and corruption in DC. NRA is an example, supportimg NY for decades and now running scared. Selling us out and losing ground is a good marketing. If more people stood for what they say the 2A would be solid, but too much money is at stake. The Republic will never rise if we don’t stop playing their rigged political games. Thomas Jefferson would not be impressed with American gun owners. Repeal of 2A seems to be in the cards and no amount of donations will fund it with ineffective resistance and doubling down on failure.

    • John C Lappe on March 19, 2021 at 8:59 am

      Street sales are basically prohibited without a background check.How does HR 8 affect background checks?
      So in essence, the bill creates federal law that requiring universal background checks for all gun purchases, nullifying any state law allowing private party sales. There are many issues with the universal background check premise

      • Matthew Maruster on March 19, 2021 at 10:59 am

        John, thanks for the question. I could have done a better job clarifying my assertion in the article. I will definitely update it to reflect my reasoning.
        Currently, 33 states allow private individuals to sell guns to other private individuals without performing a background check. These are what people are referring to as “street sales”. There has been no data that suggests that prohibiting private party “street sales” has an effect on prohibited people’s ability to obtain guns. They would still conduct ‘street sales’ regardless of there being a law against it or not. What it would do is force those who are selling and buying a single gun to someone else the added fees of background checks. This may not seem like a big deal to most people. However, this will absolutely, disproportionally affect poorer people who tend to live in more crime-ridden places. Of course, they are getting the guns via ‘street sales’, but prohibiting ‘street sales’ does not seem to be a deterrent to people who are not concerned with violating the law.

  3. Gordon Clyde on March 17, 2021 at 12:14 am

    THEY DO NOT HAVE THE RIGHT TO OVERRULE THE CONSTITUTIONAL LAW OF THE CITIZENS OF THE UNITED STATES OF AMERICA!!!
    They Have Stepped Over Their OATH TO AMERICA, AND THE CONSTITUTION BY NOT PROTECTING EITHER FROM TYRANNY AND DICTATORSHIP!!!
    They Can Not WITHOUT THE PEOPLES CONSENT Change Anything In OR ADD ANYTHING TO The CONSTITUTION WITHOUT THE FULL CONSENT OF THE PEOPLE OF THE UNITED STATES OF AMERICA !!!!!!

  4. Mark A Wolk on March 17, 2021 at 6:15 pm

    Is it any wonder that congress has such a low approval rating? Approval 35%, disapproval 62%. These people are consummate liars. And the ones that aren’t lying seem to be unbelievably stupid. Truth is, they are interested in their own “skin” not in that of the people who voted for them in trust. Is what we’re seeing the congress and president doing what the American people voted for?

    Now I’m sure that people who are evil are not totally evil, and that people who are good are not totally good. So what does that leave us with? Situational ethics. First you tell me the situation, then I’ll tell you my ethics. Grouch Marx said, ” these are my principles, if you don’t like them, I have others”. It was supposed to be a joke and was in the 1950’s. Now it’s a prophecy.

    What’s happening in Washington is beyond insanity. Logic and rationale have given way to power, control and pure selfishness. This is the sort of thing we who were taught American History (instead of whatever they’re teaching in school now-a-days) that wars are fought for. I know it seems highly unlikely and even unacceptable to say (or write) but at some point government can overstep and find that our original premise of power rests not with the Government but with the governed.

    We the people are in fact the bottom line not we the government. Too many have died for freedom for us to just roll over.

    Freedom of speech, press, religion and to bear arms are going to prevail somehow. There have always been those who “know better” and can pontificate, declare and legislate their mandates for our lives but, it won’t hold up in time. They will always overplay their hand and may “win” in the short run but not in the long run.

    Edmund Burke said, ” the only thing necessary for evil to triumph is that good men do nothing.” Where do you fit reader? Will you do something? Will you speak up? Will you give a dollar to support those that are speaking up? Will you do something or nothing. Do you have any courage? Any? Will you stand for what is right and moral?
    It is my fervent hope that the American people will show themselves to be the heroes I know that they are.

  5. Harold pappas on March 17, 2021 at 6:15 pm

    All the gun control in this country will not stop the crime.

  6. Harold Pappa on March 17, 2021 at 6:19 pm

    California has ten day back ground checks and all firearms has to be sold by a licensed dealer.

  7. Tan Cross on March 17, 2021 at 9:41 pm

    Communists/Socialists (authoritarians) always go after the People’s guns first. ALWAYS. Registration is a preamble to confiscation. Regulating the ability to transfer ownership is a preamble to registration. They’ll say, “We can’t enforce no private transfer without BG checks if we do t know who owns what first, and they will NOT stop until they take your guns. It’s happened in lots of countries before… just like this.

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