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Congressional Record—House H2277 February 28, 2019 CONGRESSIONAL RECORD — HOUSE H2277 committee member. She was always ing the sale of guns to individuals who firearms dealer then may sell or trans- trying to lighten the load for others are ineligible to purchase and possess fer the firearm to the prospective pur- and lend a helping hand. them. chaser without the background check Rita saw those in need and recog- That is why I support H.R. 1112, a bill completion, if the dealer has no reason nized that if she had the power to give, that addresses a dangerous short- to believe that the purchaser is prohib- she would, and even if it wasn’t in her coming in the current firearms back- ited from obtaining a firearm under power, she would try anyway. ground check law. Federal, State, or local law. Rita was a longtime Millersville Uni- In most cases, a licensed gun dealer The additional time for checks to be versity professor of psychology and Af- receives notification within a few min- completed will help prevent the trans- rican American studies and founded utes, often 90 seconds, from the Na- fer of guns to individuals who are ineli- the school’s African American studies tional Instant Criminal Background gible to possess them and will make us minor. Check System, sometimes called the safer. I am very happy to celebrate her life NICS, that a prospective buyer has I want to remind everyone that, in 90 today. We will miss her in our commu- passed or failed the background check. percent of the cases, the NICS system nity, and we will miss her contribu- In a small percentage of cases, NICS gives the answer within 90 seconds. So tions to our community. examiners may require additional time we are talking about a small number of cases, but a number of cases where we f to complete the background check if information is missing or unclear in a know there have been tragic results. ENHANCED BACKGROUND CHECKS prospective buyer’s record. For exam- We want to stop that. ACT OF 2019 ple, there may be on the record a nota- I commend our colleague Congress- GENERAL LEAVE tion that the prospective buyer was ar- man JIM CLYBURN, the distinguished Mr. NADLER. Madam Speaker, I ask rested but no notation as to whether Democratic whip, for introducing this unanimous consent that all Members the buyer was acquitted or convicted. bipartisan bill, which is a sensible and may have 5 legislative days in which to That would have to be looked into fur- necessary approach to addressing this revise and extend their remarks and in- ther. dangerous shortcoming in current law. Madam Chair, I ask my colleagues to sert extraneous material on H.R. 1112, However, under current law, a li- join me in supporting this bill today, the Enhanced Background Checks Act censed gun dealer conducting a back- ground check on a prospective pur- and I reserve the balance of my time. of 2019. Mr. COLLINS of Georgia. Madam chaser is permitted to sell the firearm The SPEAKER pro tempore. Is there Chair, I yield myself such time as I to the purchaser if there has been no objection to the request of the gen- may consume. tleman from New York? determination from NICS after 3 busi- Madam Chair, here we go again. Just There was no objection. ness days, even though NICS has not like yesterday, our colleagues on the The SPEAKER pro tempore. Pursu- indicated that the person has actually other side of the aisle voted to crim- ant to House Resolution 145 and rule passed the background check. inalize the transfer of a firearm be- XVIII, the Chair declares the House in Often, we refer to this as a default tween two law-abiding citizens. the Committee of the Whole House on proceed transaction. Today, they further reveal this inter- the state of the Union for the consider- These are the very cases that ought est by bringing up a bill that would ation of the bill, H.R. 1112. to be investigated. In 2017 alone, the prohibit law-abiding citizens from ever The Chair appoints the gentlewoman ATF determined that over 4,000 default being able to acquire firearms. And from Illinois (Ms. UNDERWOOD) to pre- proceed firearms transfers went to pur- that is not hyperbole, Madam Chair; it side over the Committee of the Whole. chasers who should not lawfully have is fact. gotten them because they could not b 0915 Let me briefly explain how that lawfully own a firearm. would happen. Allow me to walk IN THE COMMITTEE OF THE WHOLE If NICS is unable to return an instant through the mechanics of this legisla- Accordingly, the House resolved determination, and especially if there tion. itself into the Committee of the Whole is no report after 3 days, there is real Let’s start at the beginning of the House on the state of the Union for the cause for concern. month. Assume I went to a Federal consideration of the bill (H.R. 1112) to One notable example of the tragic firearms licensee, an FFL, to purchase amend chapter 44 of title 18, United consequences of this loophole is the a firearm on Friday, February 1, of this States Code, to strengthen the back- hate crime murder of nine people at month. Under H.R. 1112, the FBI’s NICS ground check procedures to be followed the Emanuel African Methodist Epis- system has 10 business days to respond before a Federal firearms licensee may copal Church in Charleston, South to the FFL. transfer a firearm to a person who is Carolina, in 2015. The tenth business day is a Friday, not such a licensee, with Ms. UNDER- In that tragedy, the shooter was not February the 15th. If, after those 10 WOOD in the chair. legally allowed to possess a firearm as business days, NICS does not okay the The Clerk read the title of the bill. a result of drug charges, but he still transfer, I must file a petition with the The CHAIR. Pursuant to the rule, the was able to purchase his gun from a li- Department of Justice certifying that I bill is considered read the first time. censed dealer, who made the decision have no reason to believe that I am The gentleman from New York (Mr. to transfer after 3 business days had prohibited by Federal, State, or local NADLER) and the gentleman from Geor- elapsed, despite not having received a law from purchasing or possessing a gia (Mr. COLLINS) each will control 30 definitive response from the back- firearm. minutes. ground check system. Once that petition is filed, the NICS The Chair recognizes the gentleman The bill before us today, H.R. 1112, system has an additional 10 days to from New York. would strengthen the background make a determination. That would be Mr. NADLER. Madam Chair, I yield check procedures Federal firearms li- Monday, March 5, in our example be- myself such time as I may consume. censees or dealers must follow before cause February 18 was a Federal holi- Madam Chair, I am pleased that selling or transferring a firearm. day and not a business day. today we are considering H.R. 1112, the Under this bill, the initial period a If, at the conclusion of the 20 busi- Enhanced Background Checks Act. gun dealer must wait for an answer ness days waiting period, NICS does Yesterday, the House passed H.R. 8, from the NICS is extended from 3 days not deny the transfer, I could then ac- the Bipartisan Background Checks Act, to 10 days. If, after 10 days, the NICS quire the firearm. an important bill to expand our na- system has not returned an answer to But wait, Madam Chair. Under exist- tional firearms background check sys- the dealer, the prospective purchaser ing law, the NICS background check is tem to include virtually all gun trans- may file a petition with the attorney only valid for 30 calendar days from the fers. general, which should help resolve date it is initiated. Under our example, However, there are also steps we can most applications in short order. that would be Saturday, March the take to make the current background If an additional 10 days elapses with- 2nd, which is 2 days before my petition check system more effective at block- out a response from NICS, the licensed is required to be acted upon. VerDate Sep 11 2014 00:29 Mar 01, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K28FE7.005 H28FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H2278 CONGRESSIONAL RECORD — HOUSE February 28, 2019 At that point, I would be required to Carolina (Mr. CLYBURN), the distin- b 0930 start the process over again entirely. guished Democratic whip. He selected this. This was a hate There could be no end to this cycle. (Mr. CLYBURN asked and was given crime of the first order, and we are say- Now, I am not sure if H.R. 1112 was permission to revise and extend his re- ing we should not inconvenience him. written this way out of just messed-up marks.) And we did not inconvenience him. We writing or malice. I am not sure. But it Mr. CLYBURN. Madam Chair, I allowed him to get that gun after 3 does do this, and there is no mistaking thank my friend for yielding me the days, when it was around the fifth day what is written. time. that they found the glitch in the sys- As I have said many times, we do not Madam Chair, let me begin my re- tem and found him to be ineligible to vote on aspirational ideas in this marks, first of all, by welcoming to our own a gun.
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