Hr 8: Will Bipartisan Gun Control Become Law?

On December 21, 2024, the US Senate passed HR 82, the Social Security Fairness Act, which would repeal two federal policies: the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). The bill was sent to President Biden's desk, where it awaited his signature to become law. The bill amends the Social Security Act, repealing provisions that reduce the amount of Social Security benefit that people can collect if they already receive government pensions.

H.R. 8's background check requirements for firearm transfers

H.R. 8, also known as the Bipartisan Background Checks Act, was introduced to the House of Representatives in 2019 by Rep. Mike Thompson (D-CA-5). The bill aimed to establish new background check requirements for firearm transfers between private parties, or unlicensed individuals. Under the proposed legislation, a licensed gun dealer, manufacturer, or importer would first need to take possession of the firearm to conduct a background check before a transfer could take place.

The bill included specific prohibitions on firearm transfers between private parties unless a background check was conducted. However, it is important to note that certain firearm transfers, such as gifts between spouses in good faith, were exempt from these prohibitions.

H.R. 8 successfully passed the House on February 27, 2019, with a vote of 240-190. The bill was reintroduced in the House on March 2, 2021, and again on March 1, 2021, by Rep. Thompson, where it passed for the second time on March 11, 2021, with a vote of 227-203.

The purpose of H.R. 8 is to address loopholes in the current background check process for firearm purchases. While federal law mandates background checks when purchasing guns from licensed dealers, a loophole exists that allows individuals to bypass these checks when buying from unlicensed sellers, often referred to as the "online sale loophole" or "gun show loophole." H.R. 8 seeks to close these loopholes by requiring background checks on all gun sales, including those arranged online or at gun shows.

The bill's prohibition on certain transfers

The Bipartisan Background Checks Act of 2019 establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals). It prohibits firearm transfers between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. This ensures that all individuals attempting to purchase a firearm undergo a background check, even if the sale is between two private individuals.

The bill includes a few exceptions to this prohibition. For instance, it does not apply to certain firearm transfers, such as a gift between spouses in good faith. This means that if a firearm is given as a gift between spouses, a background check is not required. The bill also includes technical and conforming amendments, a rule of construction, and an effective date of 210 days after enactment.

This legislation aims to address a loophole in the current system, where private sales can occur without the same level of scrutiny as sales through licensed dealers. By requiring a licensed third party to conduct a background check, the bill seeks to prevent firearms from falling into the wrong hands. This measure is intended to enhance public safety and reduce gun-related crimes.

The Bipartisan Background Checks Act of 2019 passed the House on February 27, 2019, with 240 votes in favour and 190 against. It was introduced by Representative Mike Thompson of California's 5th District and had support from both Democratic and Republican members of Congress. The bill represents a significant step towards strengthening background check procedures for firearm purchases in the United States.

The bill's introduction in the 117th Congress

H.R.8, also known as the Bipartisan Background Checks Act of 2021, was introduced to the 117th US Congress on 3 March 2021 by Rep. Mike Thompson (D-CA-5). The bill established new background check requirements for firearm transfers between private parties. In particular, it prohibited a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first took possession of the firearm to conduct a background check.

The bill was passed by the House on 11 March 2021 with a vote of 227-203. It was then sent to the Senate, where it was read a second time on 25 May 2022 and placed on the Senate Legislative Calendar under General Orders. However, the bill ultimately did not make it past the Senate and died in that chamber.

The Bipartisan Background Checks Act of 2021 was supported by President Joseph Biden, as well as 210 cosponsors (207 Democrats and 3 Republicans). It was introduced during the 117th Congress, which met from 3 January 2021 to 3 January 2023. Any legislation not passed by the end of that Congress was cleared from the books.

The bill's sponsor, Rep. Thompson

The Bipartisan Background Checks Act of 2021 (H.R.8) was introduced by Rep. Mike Thompson (D-CA-5) on March 1, 2021. The bill aimed to expand background checks to all firearm sales, including those made at gun shows and online, to address the issue of gun violence. Rep. Thompson, a gun owner, hunter, and supporter of the Second Amendment, has been leading the Gun Violence Prevention Task Force since its establishment in 2012 following the tragedy at Sandy Hook Elementary School.

In his statement, Rep. Thompson emphasized the devastating impact of gun violence on communities across the nation, resulting in 30 deaths daily, or 100 when including accidents and suicides. He highlighted the cost to the country, estimated at $280 billion annually, and the strong public support for background checks, with 90% of Americans in favor of such measures. Rep. Thompson's bill garnered the support of 210 cosponsors, demonstrating a broad base of legislative endorsement.

On March 11, 2021, the bill successfully passed the House with a vote of 227-203, marking a significant step forward. Rep. Thompson celebrated this achievement, expressing pride in voting for the bill to help prevent gun violence and enhance community safety. He underscored that the action was long overdue and that they owed it to the American people to get the bill enacted.

The Bipartisan Background Checks Act of 2021 was then sent to the Senate for consideration and placed on the Senate Legislative Calendar. The bill's progress in the Senate is unknown from the information provided.

The bill's progress through the Senate

The progress of HR 82, the Social Security Fairness Act, through the Senate has been a long time coming. The bill was first introduced in 2023 by Republican Rep. Garret Graves of Louisiana's District 6, and has since gained over 300 cosponsors from both parties. The Act seeks to amend the Social Security Act, repealing provisions that reduce benefits for those who receive government pensions or disability benefits. This includes public servants such as police officers, firefighters, postal workers, and teachers.

The bill was passed by the House on November 12, 2024, and then moved to the Senate. On December 21, 2024, the Senate passed the bill with a vote of 76-20. Following its passage in the Senate, the bill was sent to President Biden's desk, where it awaits his signature.

President Biden is expected to sign the bill into law on January 6, 2025, in an official ceremony. This will be a significant moment for those who have advocated for the repeal of the Windfall Elimination Provision and the Government Pension Offset, which can result in reduced Social Security benefits for certain individuals.

The progress of the bill through the Senate has been a victory for advocates, including Congressman Clay Higgins, who has been one of the strongest supporters of the bill. Higgins has advocated for the bill for seven years and has co-sponsored it in multiple Congresses. With the bill's passage in the Senate, it is now one step closer to becoming law.

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