Enhanced Background Checks Act of 2019
Latest action · Mar 5, 2019 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 30.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 8, 2019
- Passed HouseFeb 28, 2019
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Enhanced Background Checks Act of 2019
This bill revises background check requirements applicable to proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.
(Sec. 2) First, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)
If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.
(Sec. 3) It requires the Government Accountability Office to report on the extent to which the changes have prevented firearms transfers to prohibited persons.
(Sec. 4) The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations.
(Sec. 5) Additionally, the bill modifies statutory references with respect to a particular category of prohibited persons (i.e., persons barred from receiving or possessing a firearm). Specifically, it replaces references to persons adjudicated as a mental defective with persons adjudicated with mental illness, severe developmental disability, or severe emotional instability.
(Sec. 6) The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.
Recorded votes 4
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 103 | On Passage | Passed228–198 | Feb 28, 2019 |
| House 102 | On Motion to Recommit with Instructions | Failed194–232 | Feb 28, 2019 |
| House 101 | On Agreeing to the Amendment | Agreed to234–193 | Feb 28, 2019 |
| House 100 | On Agreeing to the Amendment | Agreed to282–144 | Feb 28, 2019 |
Cosponsors 15
Members who signed on, in the order they did. Signatures ran from Feb 8, 2019 to Feb 22, 2019; 2 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-SC | Joe Cunningham | Original | Feb 8, 2019 |
| R-NY | Peter T. King | Original | Feb 8, 2019 |
| D-NY | Alexandria Ocasio-Cortez | Feb 22, 2019 | |
| D-MI | Andy Levin | Feb 22, 2019 | |
| D-CA | Brad Sherman | Feb 22, 2019 | |
| D-IL | Bradley Scott Schneider | Feb 22, 2019 | |
| D-IL | Danny K. Davis | Feb 22, 2019 | |
| D-RI | David N. Cicilline | Feb 22, 2019 | |
| D-CA | Harley Rouda | Feb 22, 2019 | |
| D-MN | Ilhan Omar | Feb 22, 2019 | |
| D-MD | Jamie Raskin | Feb 22, 2019 | |
| D-CA | Ro Khanna | Feb 22, 2019 | |
| D-NY | Thomas R. Suozzi | Feb 22, 2019 | |
| D-NJ | Tom Malinowski | Feb 22, 2019 | |
| D-FL | Val Butler Demings | Feb 22, 2019 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Feb 8, 2019Markup Feb 13, 2019Reported Feb 22, 2019 |
Actions 30
Everything that happened, newest first.
- Mar 5, 2019Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 30.
- Mar 4, 2019Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Feb 28, 2019Considered under the provisions of rule H. Res. 145. (consideration: CR H2277-2293)
- Feb 28, 2019Provides for one hour of debate on each measure. Only those amendments printed in the report shall be in order and the previous question shall be considered ordered without intervening motions except one motion to recommit with or without instructions.
- Feb 28, 2019House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 145 and Rule XVIII.
- Feb 28, 2019The Speaker designated the Honorable Lauren Underwood to act as Chairwoman of the Committee.
- Feb 28, 2019GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1112.
- Feb 28, 2019DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Rice (SC) amendment No. 1.
- Feb 28, 2019DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Schneider amendment No. 2.
- Feb 28, 2019POSTPONED PROCEEDINGS - At the conclusion of debate on the Schneider amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
- Feb 28, 2019DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Levin (MI) amendment No. 3.
- Feb 28, 2019DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Porter amendment No. 4.
- Feb 28, 2019DEABTE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Van Drew amendment No. 5.
- Feb 28, 2019POSTPONED PROCEEDINGS - At the conclusion of debate on the Van Drew amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Collins (GA) demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
- Feb 28, 2019The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1112.
- Feb 28, 2019The previous question was ordered pursuant to the rule.
- Feb 28, 2019Mrs. Lesko moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2291)
- Feb 28, 2019DEBATE - The House proceeded with 10 minutes of debate on the Lesko motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to insert new text on cases in which the transferee is a victim of a crime of domestic violence.
- Feb 28, 2019The previous question on the motion to recommit with instructions was ordered without objection.
- Feb 28, 2019On motion to recommit with instructions Failed by the Yeas and Nays: 194 - 232 (Roll no. 102).
- Feb 28, 2019Passed/agreed to in House: On passage Passed by the Yeas and Nays: 228 - 198 (Roll no. 103). (text: CR H2284)
- Feb 28, 2019Motion to reconsider laid on the table Agreed to without objection.
- Feb 26, 2019Rule H. Res. 145 passed House.
- Feb 25, 2019Rules Committee Resolution H. Res. 145 Reported to House. Provides for one hour of debate on each measure. Only those amendments printed in the report shall be in order and the previous question shall be considered ordered without intervening motions except one motion to recommit with or without instructions.
- Feb 22, 2019Reported (Amended) by the Committee on Judiciary. H. Rept. 116-12.
- Feb 22, 2019Placed on the Union Calendar, Calendar No. 4.
- Feb 13, 2019Committee Consideration and Mark-up Session Held.
- Feb 13, 2019Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 14.
- Feb 8, 2019Introduced in House
- Feb 8, 2019Referred to the House Committee on the Judiciary.
In the Congressional Record 21
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S6441 | Kevin Cramer R-ND, Richard Blumenthal D-CT | Oct 24, 2020 |
| House | Debate and remarks H1228 | Lucy McBath D-GA | Feb 27, 2020 |
| Extensions | Debate and remarks E162 | Barbara Lee D-CA | Feb 10, 2020 |
| House | Debate and remarks H767, H768 | Lucy McBath D-GA, Peter A. DeFazio D-OR | Feb 5, 2020 |
| Senate | Debate and remarks S6664 | Benjamin L. Cardin D-MD | Nov 19, 2019 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Mar 4, 2019H.R. 1112, Enhanced Background Checks Act of 2019As passed by the House of Representatives on February 28, 2019
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 165, no. 25, February 8, 2019, page H1493.
Printed hearings 7
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 116-389 | JOINT HEARING ON THE LEGISLATIVE PRESENTATION OF THE VETERANS OF FOREIGN WARS OF THE UNITED STATES65 pages | Veterans' Affairs Committee | Mar 4, 2020 |
| Serial No. 116-73 | OVERSIGHT OF THE FEDERAL BUREAU OF INVESTIGATION211 pages | Judiciary Committee | Feb 5, 2020 |
| Serial No. 116-49 | MEMBER DAY HEARING109 pages | Judiciary Committee | Sep 20, 2019 |
| — | COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR 2020459 pages | Appropriations Committee | Mar 27, 2019–Apr 30, 2019 |
| Serial No. 116-4 | FISCAL YEAR 2020 BUDGET: MEMBERS' DAY178 pages | Budget Committee | Mar 6, 2019 |
CRS reports 5
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 1
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| IF11113 | Firearms Background Checks Under H.R. 8 and H.R. 1112 Archived | Resource | Feb 22, 2019 |
Also cite it 4
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IF11781 | Firearm Background Checks Under H.R. 8 and H.R. 1446 Archived | Resource | Oct 3, 2022 |
| R46958 | Federal Firearms Law: Selected Developments in the Executive, Legislative, and Judicial Branches Archived | Report | Nov 3, 2021 |
| R45970 | Gun Control: National Instant Criminal Background Check System (NICS) Operations and Related Legislation Archived | Report | Oct 17, 2019 |
| R45629 | Federal Firearms Laws: Overview and Selected Legal Issues for the 116th Congress Archived | Report | Mar 25, 2019 |
Amendments 5
Amendments offered to this bill.
Related bills 1
Companion bills and other measures the record links to this one.
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee.
- Short Title(s) as Introduced
- Enhanced Background Checks Act of 2019
- Short Title(s) as Reported to House
- Enhanced Background Checks Act of 2019
- Short Title(s) as Passed House
- Enhanced Background Checks Act of 2019
- Short Title(s) from PCS (Placed on Senate Calendar) bill text
- Enhanced Background Checks Act of 2019
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Assault and harassment offenses
- Congressional oversight
- Crime and Law Enforcement
- Crime victims
- Criminal justice information and records
- Domestic violence and child abuse
- Firearms and explosives
- Government studies and investigations
- Licensing and registrations
- Mental health
- Retail and wholesale trades
- Sex offenses
Text 4
Each version as it was printed, newest first.
- Mar 5, 2019Placed on Calendar Senate
- Feb 28, 2019Engrossed in House
- Feb 22, 2019Reported in House
- Feb 8, 2019Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
