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H.R. 8

Updated: Mar 12, 2021

Why is everybody talking about H.R. 8 and H.R. 1446. For starters, both are in my humble opinion an infringement on our Second Amendment. For today, let's unpack Bill H.R. 8 and what it means for the #2A community if it passes.

UPDATE 2021-03-11

This bill was voted on March 11, 2021, and passed the house with 227 YEAS and 203 NEAS and 1 not voting

These eight House Republicans contain the usual list of suspects who sided with the Democrats:

Vern Buchanan [R-FL16] 202-225-5015

Brian Fitzpatrick {R-PA1} 202-225-4276

Maria Salazar [R-FL27] 202-225-3931

Andrew Garbarino [R-NY2] 202-225-7896

Chris Smith [R-NJ4] 202-225-3765

Fred Upton [R-MI6] 202-225-3761

Adam Kinzinger [R-IL16] 202-225-3635

One Representative from the Democratic Party vote in favor of the Second Amendmend:

Jared Golden [D-ME2] (202) 225-6306


H.R. 8 Bipartisan Background Checks Act of 2021

Summary: This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals).

Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check.

The prohibition does not apply to certain firearm transfers, such as a gift between spouses in good faith.

If this bill shall pass, it is a felony to sell or purchase a firearm to or from an individual unless said individual is a Federal Firearms Licensee also known as FFL. There are some exceptions in this bill, which I will list below:

  1. a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;

  2. a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;

  3. a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;

  4. a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;

  5. a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

  6. a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively—

  • at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;

  • while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor—

  • has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and

  • has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or

  • while in the presence of the transferor.

The Unpacking

In clear and plain English it means that if Joe comes to you and offers you to buy his Glock 19, you will become a criminal in the eyes of the law if you do not use an FFL for this transfer.

Right now it is perfectly legal for individuals to engage in a transaction such as buying or selling a firearm from or to another individual as long as the seller makes sure that (a) the buyer is a citizen of the United States or a legal resident with a green card and (b) the buyer is 21 years of age or older. In the transfer of a firearm between two individuals, no background check is required.

What H.R. 8 would change is that Joe would have to take you to a licensed firearms dealer (FFL) and the firearms dealer would have to take possession of the firearm until the transfer is completed. The FFL will record the information from both seller and buyer, conduct a background check on the buyer and complete the transfer after a successful background check.

Now one would think that this is not so bad? But it is. What this creates is a soft-registry of firearm owners. Every transfer of a firearm is now registered with an FFL. Again, that is not bad, when I buy a gun in a gun store, they register my information, too. Yes, they do and currently, this information doesn't go anywhere. It stays with the firearms deal until the licensee turns in their license at which point all records must be transferred to another FFL or the ATF. In the history of firearms, these records have always been transferred to another FFL (except WALMART handed their records over to the ATF).

This bill will create a complete registry of every firearm in the country and what prevents the #Democrats from legislating a Bill that would require every FFL to turn over their records? Do you see the danger in this Bill? It is the beginning of a complete gun registry and not only that, to an extent, it violates your Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effect, against unreasonable searches and seizures,..." So I urge you to contact your Representative and let them know that you are NOT ok with House Bill H.R. 8

Find Your Representative and Senators

To find your Representatives in the house, click here.

To find your Senators, click here.

To read more on H.R. 8 please click here. [PDF]

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