Former Congresswoman Gabrielle Giffords: “In a Country Starved for Unity, Universal Background Checks Can’t Come Soon Enough”

Washington, DC — Former Congresswoman Gabrielle Giffords, founder of the gun safety group Giffords, praised congressional leaders for their dedication to addressing gun violence by introducing H.R. 8, the Bipartisan Background Checks Act in the House and the Background Checks Expansion Act in the Senate. The introduction of the bills come as communities across the country grapple with the damage from surges in gun violence. The House version was introduced by Gun Violence Prevention Task Force Chairman Mike Thompson (D-CA) and a bipartisan group of gun safety champions, and the Senate version was introduced by Senator Chris Murphy (D-CT). 

Former Congresswoman Gabrielle Giffords: 

“In a country starved for unity, Universal Background Checks can’t come soon enough. This is an opportunity for real bipartisan progress on a crisis that has devastated communities and vexed lawmakers for decades. As cities across America see historic spikes in gun violence, Congress can break the hold of the special interests and deliver results for the American people. A supermajority of Americans are united in their support for this legislation—Democrats, Republicans, gun owners, medical professionals, veterans. Millions are inspired by the courage of gun violence survivors who share their stories of loss in the hopes that such tragedy won’t be experienced by others. In a country wrought by division, we are united in our resolve to stop gun violence. 

“H.R. 8 reflects January 8th, the day that 18 of my constituents and I were shot, but this bill serves a larger purpose that’s worthy of all of us. It’s about ending the daily trauma that communities across the country wrestle with each day. It’s about uniting to take bold, courageous action to end gun violence in America. That’s our country at its best: coming together to do what’s right. The time to act is now.” 

The legislation introduced today would require a background check on every gun sale or transfer, with carefully defined exceptions for gifts to family members, hunting, target shooting, and self-defense. It would require unlicensed gun sellers to use the same National Instant Criminal Background Checks System (NICS), which is managed by the Federal Bureau of Investigation (FBI), that licensed dealers use.

Additionally, gun safety leaders in the House introduced legislation to address default proceeds: the Enhanced Backgrounds Check Act sponsored by Rep. Jim Clyburn (D-SC), with the Senate version, the Background Check Completion Act sponsored by Sen. Richard Blumenthal (D-CT), expected later this week. These bills address the deadly loophole in existing law which was exploited by the white supremacist who killed nine people at the Mother Emanuel AME Church in Charleston, South Carolina.

Though 91% of NICS background checks provide an answer within minutes, about 9% of cases require further investigation and review by the FBI. Due to the federal “default proceed” rule, those agencies only have three business days to conduct and finish their investigation. Under current federal law, if a dealer who has initiated a background check has not been notified that the purchaser is prohibited under state or federal law within three business days, the dealer can decide whether or not to proceed with the sale at his or her discretion. 

As the nation continues to grapple with the harsh realities of the COVID-19 pandemic, communities across the country are suffering from the unabated crisis of gun violence. Uncertainty drove thousands of Americans to gun stores in 2020, with record numbers of first-time buyers bringing firearms into their homes, often without any safety training. The FBI background check system was overwhelmed by the demand, delaying investigations and resulting in potentially hundreds of thousands of people buying firearms without completing a background check. 

The Enhanced Background Checks Act and Background Check Completion Act would provide the FBI with more time to complete background checks and ensure that people prohibited from possessing firearms are not able to obtain them by default because of an incomplete background check. 

During the last congressional session the House of Representatives passed H.R. 8, the Bipartisan Background Checks Act and H.R. 1112, the Enhanced Background Checks Act, but due to inaction by Senator Mitch McConnell, our nation still lacks these foundational gun safety policies—which over 90 percent of Americans support. This time could be different however. The introduction comes with a new administration in the White House and new leadership in the Senate, providing a window of opportunity for monumental change at the federal level.

“We have an unprecedented opportunity to save lives,” said Peter Ambler, Giffords Executive Director. “For too long, gun violence has brought pain to families in every corner of the country. The American people rose up, defeated the gun lobby, and will no longer settle for excuses or silence. There is no policy that unites the country more than universal background checks. We have a President ready to sign this bill into law. We have complete confidence that the House will again demonstrate leadership with quick passage. We need the same bipartisan support in the Senate. Now is the time to get this done.” 

Even before the coronavirus, gun violence was a serious crisis in the United States, with about 38,000 people dying from firearms in 2019. This crisis has a disproportionate impact on communities of color, particularly Black communities. Experts attribute this ongoing tragedy to our weak system of national gun laws, which is riddled with loopholes. The biggest of these loopholes concerns the background checks requirement. 

One glaring example of this flaw occurred on August 31, 2019, when a gunman opened fire on multiple locations in Odessa and Midland, Texas, killing seven and injuring at least 25. The shooter had previously failed a background check when trying to purchase a gun after being diagnosed with a mental illness by a clinician. Yet he was still able to bypass the background check system altogether and obtain an AR-style weapon from an unlicensed seller. 

During the past year, the coronavirus pandemic has exacerbated public health crises in which guns often play a lethal role, including suicides, domestic violence, and community violence. The lack of a background check requirement as gun sales are surging puts Americans at even greater risk. The impact of the pandemic, along with racial inequity and the Capitol insurrection are explored in Giffords latest report that details how these deadly trends prove the need for background checks. 

Giffords Efforts to Pass H.R. 8 and H.R. 1112 in 2019 

H.R. 8 was introduced on January 8th, 2019, which also marked the eighth anniversary of the Tucson shooting. Former Congresswoman Gabrielle Giffords joined Speaker Pelosi and Congressman Thompson for a press conference on Capitol Hill to unveil the legislation. In the weeks after, Giffords publicly advocated for swift passage of the bill. Giffords elevated the voices of Americans demanding action by teaming up with March for Our Lives, Town Hall Project, TOMS, and Levi’s to host a nationwide series of Gun Safety Town Halls rallying support for H.R. 8.

On February 27, 2020, the House passed H.R. 8, the Bipartisan Background Checks Act of 2019, to require a background check on every gun sale or transfer. A day later they cleared H.R. 1112, the Enhanced Background Checks Act, to provide the FBI additional time to complete background checks and prevent prohibited people from obtaining guns. Then-Leader McConnell blocked the passage of H.R. 8 and H.R. 1112, refusing to bring any proposals from the other chamber up for debate or consideration.

RESOURCES:

FACT SHEET:The Bipartisan Background Checks Act

FACT SHEET:Background Checks Myths Debunked