In previous years, two gun control bills could not get the 60 Senate votes required to become laws. However, Democrats are hopeful that they can pass this legislation now that they control both Houses of Congress. The legislation has passed in the House and is likely to pass in the Senate.
Similar bills were initially introduced in the House in 2019 following the Marjory Stoneman Douglas High School shooting in Parkland, Florida. While the legislation passed through the House, the Republican-led Senate did not ratify the bills.
Following the 2020 election of President Joe Biden, both the House and the Senate became majority Democrats. Political leaders are hopeful that change will give Congress Democrats an opportunity to pass these two bills that over 80 percent of Americans support.
Now that the bills have passed the House, let us take a good look at what they say and what supporters and dissenters say in response.
Bill #1: All, not Some
The first bill is very basic. It legislates that all public gun sales would require background checks. The law explicitly targets two forms of public sale: gun shows and online purchases. Before, these two markets could decide as a company whether or not to require a background check.
There is still one exception to this rule: private sales. When selling a firearm between two individuals, background checks are not required for the purchase to occur.
Bill #2: The Charleston Loophole
The second law focuses on how much time the FBI has to look over background checks. Before the bill passed the House, the FBI had three days to decide whether or not an individual can buy a gun. If the FBI does not complete this analysis in three days, the seller can “default proceed” or sell the firearm to the buyer without a clean background check.
This method of buying a gun in person without a background check is referred to as the “Charleston Loophole,” referring to a hate crime in Charleston, North Carolina. In 2015, white supremacist Dylann Roof tried to buy a gun. The FBI did not get back within three days following the sale request, so the seller decided to sell Roof the firearm without a confirmed clean background check. Roof would go on to murder nine attendees at a historically black church in Charleston, North Carolina.
5,807 sales to prohibited buyers were also able to slip through the Charleston Loophole in 2020. By granting the FBI an extra 17 days to go over a background check, this law intends to close this loophole.
“The shooting in Charleston, North Carolina is horrific, and our hearts go out to the victims and their families.” says Omeed E. Berenjian, co-founder and attorney at BK Law Group.” Closing this loophole will hopefully prevent violent acts like this in the future.”
Support & Dissent
There are many supporters behind the passed statutes. Brady PAC Director Brian Lemek plans to use his political action committee to inform the public about exactly who did or did not support the two bills. Lemek claimed that 90% of Americans support the statutes and intends to spend $10 million supporting the candidates who endorsed these laws.
Democratic senator Chris Murphy from Connecticut makes a similar argument to Lemek regarding the proposed gun control measures. Murphy argues that pro-gun and anti-gun advocates can agree that those with criminal backgrounds or mental illnesses should not access guns. If both sides can agree on the issue, then the laws should pass without dissent.
However, some pro-gun advocates are against these two laws. Virginia Foxx, a Republican congresswoman from North Carolina, has argued that these laws intend to take guns from law-abiding citizens rather than prevent shootings. Burgess Owens, a Republican representative from Utah, argued that guns are a right from God. Similar statements have also been stated by the National Rifle Association (NRA).
No matter the opinion, these two bills have officially passed the House, and may become law soon. How these two laws’ support or dissent could impact the 2022 midterm elections remains to be seen.
