HR 1112 Gives Feds Unfettered Power to Block Gun Sales

H.R. 1112 would eliminate the 3-day safety-valve provision under the federal firearms background check system that prevents the government from enacting an indefinite delay of firearm purchases for law-abiding Americans.  All Federal Firearms Licensees (gun dealers) are required to conduct a background check on prospective purchasers to determine if transferring the firearm would violate state or federal law. Under current law, if an FFL initiates a background check, but does not receive a determination from the National Instant Criminal Background Check System within three business days, the FFL may proceed with the firearms transfer. After the three-day window, FBI continues to research the matter that gave rise to an individual’s delay for 90 days after the check was initiated. If it is later determined that the person is prohibited from possessing firearms, the Bureau of Alcohol, Tobacco, Firearms and Explosives is notified and tasked with retrieving the firearm.

Under the proposed legislation, the 3-day safety valve would be eliminated and replaced with a procedure that provides gun buyers with no protection. If an FFL initiates a check and does not receive a response from NICS after 10 business days, the prospective purchaser may petition the FBI to permit the transfer to proceed. The FFL may not proceed with the transaction until an additional 10 business days have elapsed from the date of the petition.

Existing federal law limits the validity of a NICS background check to 30 calendar days from the date it is initiated. Because H.R. 1112 uses business days and the NICS validity provision is in calendar days, in practice, H.R. 1112 would have no default proceed available. 

For example, if H.R. 1112 were to become law, gun buyers who are delayed on the busiest gun buying day of the year, Black Friday, would not be able to clear their delay under H.R. 1112’s provisions before their NICS check expired. Black Friday 2019 falls on November 29th, so the first day that the prospective purchaser could file a petition would be December 14th.