David Cicilline on Gun Control

Sponsored banning firearm sales after delicensing closure.

The Fire Sale Loophole Closing Act makes it unlawful for:

• anyone whose federal license to import, manufacture, or deal in firearms has been revoked, or whose license renewal application has been denied, to transfer business inventory firearms into a personal collection or to an employee of such person or to receive a firearm that was a business inventory firearm as of the date of a revocation or renewal denial notice; and
• anyone who has received a license revocation or renewal denial notice to transfer to any other person a firearm that was a business inventory firearm.
• Imposes a fine and/or prison term of not more than one year (five years for willful violations) for violations of this Act.

Ban large-capacity ammunition.

Amends the Brady Handgun Violence Prevention Act

• to prohibit the transfer or possession of a large capacity ammunition feeding device, except for its lawful possession within the United States on or before the date of this Act's enactment; and
• the importation or bringing into the United States of such a device (with some exceptions).
• Identification Markings: Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured after enactment.
• Whoever knowingly violates this law shall be fined, imprisoned not more than 10 years, or both.

Stricter regulation on gun show firearm sales.

Congressional Findings:

1. approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and
2. gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing.

1. has attained 21 years of age;
2. is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements;
3. has registered as a gun show operator and has provided a photograph and fingerprints;
4. has not concealed material information nor made false statements in connection with a gun show operator registration; and
5. notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show.

• Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records.
• Grants the authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act.
• Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements.
• Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.

Require background check for every firearm sale and transfer.

H.R.8: To require a background check for every firearm sale. This Act may be cited as the "Background Check Expansion Act".

• It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed [and conducted a background check].
• The [restrictions] shall not apply to any law enforcement officer, or member of the armed forces, or bona fide gift between spouses, between parents and their children, or between siblings or [immediate family members].
• Temporary transfers [are allowed] if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms; at a shooting range; or while reasonably necessary for the purposes of hunting.

  Opposing argument from the Heritage Foundation, 2/26/2019: Heritage Action opposes the Bipartisan Background Checks Act (H.R. 8) and will include it as a key vote on our legislative scorecard. This legislation would require universal background checks for all firearm sales (even private) with specific exceptions. Unfortunately, universal background checks would do little to prevent firearm violence and would instead make it more difficult for law-abiding citizens to purchase, own, carry, and use a firearm. Studies show that universal background checks are largely ineffective when it comes to preventing mass shootings. In addition, most people imprisoned for firearm-related crimes access their firearms illegally through theft, the underground market, family members, or friends. H.R. 8 is poorly written and makes criminals out of many law-abiding Americans who commonly make low-risk firearm transfers.

  Legislative outcome Roll call 99 in House on 2/27/2019 passed 240-190-2; introduced in Senate 1/8/2019; no action as of 3/28/2020.

  Source: Congressional vote 19-HR0008 on Feb 27, 2019

  Sponsored bill for background checks for private transfers.

  Cicilline co-sponsored Background Check Expansion Act

  H.R.8 - Bipartisan Background Checks Act: This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals). Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. The prohibition does not apply to gifts between spouses in good faith.

  Heritage Action opinion to vote NO (Feb. 26, 2019): This legislation would require universal background checks for all firearm sales (even private). Unfortunately, universal background checks would do little to prevent firearm violence and would instead make it more difficult for law-abiding citizens to purchase, own, carry, and use a firearm. Studies show that universal background checks are largely ineffective when it comes to preventing mass shootings. In 19 of the most recent high-profile cases, the shooters bought their firearms legally and passed all the required background checks.

  White House Statement (Biden's opinion to vote YES): Gun violence is a public health crisis. Every day, gun violence--community violence, domestic violence, suicides, and mass shootings--takes American lives and forever alters many more. Last year, we saw record levels of homicides in cities throughout our country. The Federal gun background check system is a proven tool to reduce gun violence and save lives. This system, called the National Instant Criminal Background Check System, has kept millions of guns out of potentially dangerous hands. The Administration encourages closing existing loopholes in this system [such as private transfers in H.R. 8].

  Legislative Outcome: Passed House 227-203-1 on 03/11/2021 (rollcall #75); introduced in Senate with 36 co-sponsors; no further Senate action during 2021.

  Source: S.529/H.R.8 21-S529 on Mar 1, 2021

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