Coons-Cornyn bipartisan gun safety legislation heads to President Biden's desk

Press Release

Today, the U.S. Senate voted to pass the NICS Denial Notification Act, bipartisan gun safety legislation led by U.S. Senator Chris Coons (D-Del.) and John Cornyn (R-Texas), both members of the Senate Judiciary Committee. The bill was included in the Violence Against Women Act reauthorization which passed both chambers of Congress this week.

The NICS Denial Notification Act will help states enforce existing laws against individuals who "lie and try" to illegally purchase firearms with a fraudulent background check. The bill would require federal authorities to alert state and local law enforcement within 24 hours when a prohibited individual who tries to purchase a firearm fails a background check, which can be a warning sign of future criminal behavior.

"Every single Delawarean deserves to live free from fear, abuse, and violence," said Senator Coons. "The reauthorization of VAWA is critical to ensure that we continue to prevent domestic violence and protect survivors of gender-based violence in homes across America. This isn't just a reauthorized VAWA, it's a modernized bill with critical new bipartisan protections to address modern challenges. That includes my commonsense bipartisan gun safety legislation with Senator Cornyn that will help prevent tragic acts of violence perpetrated by individuals who are prohibited from obtaining a gun under existing law."

"After the tragic shooting in Sutherland Springs, Texas, I worked across the aisle to pass the FIX NICS Act, a critical piece of legislation to help close the gaps in the criminal background check system, but there is still work to be done," said Senator Cornyn. "This legislation will ensure that when a prohibited person attempts to purchase a firearm, state and local law enforcement are alerted to further protect our communities."

Federal officials are notified when individuals who are legally prohibited from purchasing a firearm, such as convicted felons, fugitives, and domestic abusers, fail a National Instant Criminal Background Check System (NICS) background check during an attempt to purchase a firearm. Unfortunately, federal and state authorities rarely prosecute any of these individuals.

In 13 states, state officials contact the NICS system to conduct background checks, and so state authorities are already aware when prohibited persons fail a background check, and local law enforcement can then investigate these cases. However, in the 37 states and the District of Columbia that rely on the FBI to run some or all their background checks, local authorities generally are not aware when a person in their area fails a background check. Individuals who are willing to "lie and try" to buy a gun may be dangerous and more likely to obtain guns through other means. As a result, these states and D.C. lack crucial law enforcement intelligence that could be used to keep their communities safe.

The NICS Denial Notification Act:

Requires federal authorities to alert state and local law enforcement of background check denials, so that these authorities can decide whether to investigate or prosecute these denied individuals.
Requires the Department of Justice to publish an annual report with statistics about its prosecution of background check denial cases, so Congress and voters can hold officials accountable.
The bill text is available here.

The legislation is also co-sponsored by U.S. Senators Marco Rubio (R-Fla.), Tammy Duckworth (D-Ill.), Susan Collins (R-Maine), Tom Carper (D-Del.), James Lankford (R-Okla.), Amy Klobuchar (D-Minn.), Pat Toomey (R-Pa.), Joe Manchin (D-W.Va.), Lindsey Graham (R-S.C.), Jeanne Shaheen (D-N.H.), Chuck Grassley (R-Iowa), Patrick Leahy (D-Vt.), Richard Blumenthal (D-Conn.), Lisa Murkowski (R-Alaska), and Dick Durbin (D-Ill.). Companion legislation was led in the U.S. House of Representatives by U.S. Representatives Mike Quigley (D-Ill.), Brian Fitzpatrick (R-Pa.), Eric Swalwell (D-Calif.), and Mario Díaz-Balart (R-Fla.).

The NICS Denial Notification Act is endorsed by the Fraternal Order of Police, the Major Cities Chiefs Association, the Federal Law Enforcement Officers Association, the National District Attorneys Association, the National Domestic Violence Hotline, the National Coalition Against Domestic Violence, Everytown for Gun Safety, Giffords, and Brady: United Against Gun Violence.

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