Rep. Maloney Introduces Legislation to Strengthen Gun Background Checks

Statement

Today, Congresswoman Carolyn B. Maloney (D-NY) introduced the Preventing Pretrial Gun Purchases Act, legislation that would amend federal gun laws to help ensure that the National Instant Criminal Background Check System (NICS) denies gun sales to any person subject to a pretrial release order from a court that prohibits the person from purchasing, possessing, or receiving guns. It would also prohibit any person from knowingly selling or disposing of a gun to these individuals.

"Our nation is in the midst of a gun epidemic that has destroyed too many communities, ended too many lives, and puts millions of Americans in danger. I have had enough," said Rep. Maloney. "In too many instances, individuals like January 6 defendant Thomas Robertson, who was able to purchase 34 guns despite a release order that barred him from possessing firearms, have circumvented gun laws and court orders by taking advantage of shortcomings in our background check system. By closing this loophole, we can keep firearms out of the hands of people who shouldn't have them in the first place. I am proud to continue this fight and will not waver until we pass commonsense laws to ensure the safety and wellbeing of communities from gun violence."

Federal laws currently require federal firearm licensees to conduct a background check prior to completing a gun sale to make certain that the buyer is not disqualified from gun ownership. These laws were passed to save lives and keep deadly weapons out of the hands of people with the most significant histories of violence or irresponsible behavior. However, current law does not prohibit the transfer of firearms to persons who, as a condition of pretrial release, are prohibited from purchasing or possessing firearms. State, local, and tribal authorities are unable to effectively rely on NICS to enforce the pretrial status of persons who were specifically ordered by a court not to purchase or handle guns.

"Too often, gaps in federal law enable people to obtain firearms even when they shouldn't have them. The Preventing Pretrial Gun Purchases Act will close a vital loophole that enables people to pass a NICS background check even when they are prohibited from possessing guns by a pretrial release court order. We thank Congresswoman Maloney for her work to ensure that guns are kept out of dangerous people's hands," said Adzi Vokhiwa, Federal Affairs Director at Giffords.

"Background checks are an essential tool for keeping firearms out of the hands of those who seek to harm themselves or others. However, loopholes in the current system make it possible for prohibited persons, including those barred from possessing firearms by a lawful court order, to gain access. This bill will strengthen our background check system by closing that loophole, bringing us one step closer to ensuring that no more families have to experience the horrific loss of a loved one to gun violence," said Mark Barden, co-founder and CEO of the Sandy Hook Promise Action Fund and father of Daniel, who was killed in the Sandy Hook Elementary School tragedy.

"I will be in NY to join Representative Maloney and others who spend every day working to reduce gun violence in all of our communities. Trust me, I understand gun violence. This coming Monday February 14th will be 4 years since my daughter Jaime was murdered in the Parkland school shooting. The facts are that until we all agree that we must take action that makes it more difficult for those who intend harm to gain access to guns and ammunition that they so easily acquire now, and until we all agree that we need to invest in our communities, we will not be safe. Reducing gun violence is NOT a 2A conversation. Any conversation about saving life is a public health issue and reducing gun violence is a public health emergency," said Fred Guttenberg, gun safety advocate.

"Gun violence is a public health crisis in our nation. Nearly 45,000 Americans were killed by guns in 2021, the highest number of gun deaths in decades. Congress can and must do more to close the dangerous loopholes in the nation's background check system to prevent crimes and protect Americans in all our communities. We urge Congress to immediately pass Congresswoman Maloney's bill to prevent offenders who were ordered by a court not to purchase or handle guns from acquiring guns," said Po Murray, Chairwoman, Newtown Action Alliance & Newtown Action Alliance Foundation.

"Representative Maloney's bill fills a dangerous gap in federal law. The bill simply would create a mechanism to enforce existing court orders that prohibit gun possession by those on pretrial release," said Kristen Rand, Government Affairs Director, Violence Policy Center

"For too long, New York has been under siege from a constant influx of illegal guns trafficked into our city along the Iron Pipeline. The stresses of a two year pandemic have only increased the toll on our communities. True partnerships between community organizations and civic leadership are vital to protecting our neighborhoods and families from the onslaught," said Jay Walker, Gays Against Guns.

Today's bill follows a legislative package of five bills focused on gun safety that Rep. Maloney introduced last year including The Gun Trafficking and Crime Prevention Act, The Gun Show Loophole Closing Act, The NICS Review Act, The Firearm Risk Protection Act, and The Handgun Trigger Safety Act. The Preventing Pretrial Gun Purchases Act is endorsed by over 40 organizations and has 25 original cosponsors.

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