Garamendi Votes to Pass Commonsense Gun Safety Legislation

Press Release

Today, Congressman John Garamendi (D-CA) voted to pass the "Bipartisan Background Checks Act" (H.R. 8) and the "Enhanced Background Checks Act" (H.R. 1446), two critically important gun safety bills that will save lives.

H.R. 8 would require a background check for every gun sale or transfer, with some reasonable and explicit exceptions that, for example, allow a person: to give a gun as a gift to a family member; loan a gun for hunting or target shooting; or temporarily transfer a gun for self-defense. This commonsense, bipartisan bill codifies a policy into law that has the support of 90% of Americans, including 85% of gun owners, according to recent polling.

The purpose of H.R. 8 is to ensure that individuals already prohibited from gun possession under federal law, such as felons and domestic abusers, are not able to obtain firearms. The bill does this by closing a dangerous background check loophole in federal gun laws that exempt unlicensed gun sellers --people who sell guns online, at gun shows, or person-to-person without a federal dealer's license -- from having to perform any background check whatsoever before selling a firearm.

H.R. 1446 would address the so-called "Charleston Loophole," which currently allows the sale of a firearm to proceed if a background check is not completed within three business days. The massacre at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, that killed nine innocent people, in 2015, exposed an area of weakness in our federal gun laws, commonly referred to as the "Charleston Loophole."

The shooter at the AME Church in Charleston -- who was prohibited by law from possessing a firearm due to his history of unlawful controlled substance abuse -- was able to acquire his gun before the FBI could complete his background check. Although the FBI needed more time to investigate the shooter's records to determine whether the purchase was lawful, federal law allowed the gun dealer to transfer the gun to the shooter after three business days even though the background check was not complete.

"I have been fighting for strong, commonsense gun safety legislation throughout my entire life in public service," Garamendi said. "In 1989, following the tragic Cleveland Elementary Shooting in Stockton, which I represented in the California State Senate, I authored California's assault rifle ban. This bill--the first of its kind anywhere in the country--is still law in California today. This is an issue that spans generations, and Congress must act now to put an end to the gun violence epidemic in our country once-and-for-all.

"This can be done without infringing on the Second Amendment, or the rights of hunters, sportsmen, and enthusiasts. It is imperative that we act--together as a nation--to reject the stain of gun violence in our society. And it is imperative that Congress enact these much-needed gun safety bills into law that have earned the support of an overwhelming majority of Americans," Garamendi continued.

"I'm pleased that the "Bipartisan Background Checks Act' (H.R. 8) and the "Enhanced Background Checks Act' (H.R. 1446) have passed the House of Representatives, and I will work tirelessly to ensure they become law," Garamendi concluded.

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