Vote Smart's Synopsis:

Vote to pass a bill that requires a background check for commercial firearms sales.

Highlights:

• Authorizes individuals to engage in the commercial sale of a firearm under the following circumstances (Sec 2):

• The individual is a licensed firearms dealer;

• The purchaser is a licensed firearms dealer; or 

• If neither party to the transaction are licensed firearm dealers then they shall complete the commercial sale through a licensed firearm dealer.

• Specifies that if neither party to the transaction are licensed firearm dealers then they shall complete the process through a licensed firearm dealer through the following (Sec 2):

• The dealer shall comply with all federal, state, and local law that would apply if the licensed dealer were selling the firearm from their own inventory to the purchaser

• The purchaser shall conduct a background check on the prospective purchaser, which shall include a check of the National Instant Criminal Background Check System (NICS) and comply with all record-keeping requirements; and 

• If the transaction is not prohibited, the dealer shall deliver the firearm to the buyer after all legal requirements are met.

• Specifies that if the dealer cannot legally deliver the firearm to the buyer, the dealer shall return the firearm to the seller without requiring a background check and the transfer to the buyer will not take place (Sec 2).

• Specifies that the dealer may charge the purchaser a fee to cover the administrative costs incurred by the dealer for facilitating the transfer of the firearm as well as any fees permitted under state or federal law (Sec 2). 

• Prohibits any firearm related to a commercial sale from being delivered to an individual until NICS has issued a “proceed” response (Sec 3).

Full Bill Text