HR-18-119
Referred to the House Committee on the Judiciary.
Sponsored by Mike Thompson (D-CA)
What it does
This bill would require that all firearm transfers between private parties (people who are not licensed gun dealers) go through a federally licensed dealer, manufacturer, or importer, who would conduct a background check before the transfer is completed. It would make it illegal to complete a private firearm transfer without this step. Certain transfers would be exempt, such as gifts between spouses.
Who benefits
Individuals who purchase firearms through private sales and would now receive background check verification of the seller's eligibility. Communities and law enforcement who may see fewer firearms diverted to prohibited buyers. Licensed firearms dealers, who would gain business from processing private-party transfers. Domestic violence survivors and others who may benefit from reduced access to firearms by prohibited persons.
Who is hurt
Private sellers and buyers who currently conduct lawful transfers without a dealer, who would face new procedural requirements and likely dealer fees. Rural residents, who may live far from a licensed dealer and face greater logistical burdens. Collectors and hobbyists who frequently trade firearms at gun shows or through private arrangements. Heirs and gift recipients outside the spousal exemption who would need to route transfers through a dealer. Small and informal firearms markets that operate legally under current law.
Supporters argue
Supporters argue that the existing background check system has a significant gap: federal law requires checks for purchases from licensed dealers but not for private-party transfers, which studies estimate account for roughly 20–40% of all gun sales. They contend that this gap allows prohibited buyers — including those with felony convictions or domestic violence records — to obtain firearms without any screening, and that closing it would extend a proven public safety tool to a large share of transactions currently outside its reach.
Opponents argue
Opponents argue that the bill would impose a costly and burdensome process on law-abiding citizens engaged in lawful private transactions, while doing little to stop criminals who obtain firearms through theft or other illegal channels rather than private sales. They contend that under the post-Bruen text-history-tradition framework, requiring government intermediation for all private transfers may lack a sufficient historical analogue in the founding era, raising active constitutional questions about the scope of permissible firearms regulation.
Constitutional context
Congress's authority to regulate firearms transfers rests on the Commerce Clause. The Second Amendment is the primary area of constitutional debate: under New York State Rifle & Pistol Ass'n v. Bruen (2022), firearms regulations must be consistent with the historical tradition of firearms regulation at the founding, and the constitutionality of universal background check requirements under that framework has not been definitively resolved by the Supreme Court.
Checks and balances
Congress would expand the regulatory reach of the existing federal background check system; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) would enforce compliance through the Federal Firearms License system; federal courts would review any challenges under the Bruen text-history-tradition framework.
Historical precedent
The Brady Handgun Violence Prevention Act of 1993 established the current federal background check system for licensed dealer sales, but no federal law has previously extended mandatory background checks to all private-party transfers.