H.R. 8House116th Congress (2019-2021)Passed House

Bipartisan Background Checks Act of 2019

Introduced January 8, 2019

AI-Generated Summary

Updated April 13, 2026 at 11:46 PM UTC

The Bipartisan Background Checks Act of 2019 expands the federal background‑check system so that every firearm transfer, including private sales, must go through a licensed importer, manufacturer, or dealer who runs a background check. The goal is to keep people who are prohibited from owning guns from obtaining them, while still allowing certain family, law‑enforcement, and emergency transfers without a check.

Key Provisions

  • Any transfer of a firearm between two people who are not licensed dealers must first be taken by a licensed dealer, who must run a background check before the buyer receives the gun.
  • Exemptions include transfers to law‑enforcement or military personnel acting in official duties, gifts or loans between close family members, transfers to estate representatives, temporary transfers to prevent imminent harm, and certain transfers for hunting, shooting ranges, or with the Attorney General’s approval.
  • The Attorney General may issue regulations to implement the rule but cannot require non‑licensed persons to keep records, cap dealer fees, or create a national firearms registry.
  • Dealers must give buyers a notice of the prohibition and obtain a certification that the buyer received it.
  • The changes become effective 210 days after the law is enacted.

Legislative Activity

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29 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 29.

March 4, 2019

View full timeline
HouseIntro Referral

Introduced in House

January 8, 2019

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 8, 2019

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 13, 2019

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 15.

February 13, 2019

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 116-11.

February 22, 2019

HouseCalendars

Placed on the Union Calendar, Calendar No. 3.

February 22, 2019

HouseFloor

Rules Committee Resolution H. Res. 145 Reported to House. Provides for one hour of debate on each measure. Only those amendments printed in the report shall be in order and the previous question shall be considered ordered without intervening motions except one motion to recommit with or without instructions.

February 25, 2019 • 7:44 PM

HouseFloor

Considered under the provisions of rule H. Res. 145. (consideration: CR H2242-2263)

February 27, 2019 • 12:24 PM

HouseFloor

Provides for one hour of debate on each measure. Only those amendments printed in the report shall be in order and the previous question shall be considered ordered without intervening motions except one motion to recommit with or without instructions.

February 27, 2019 • 12:24 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 145 and Rule XVIII.

February 27, 2019 • 12:24 PM

HouseFloor

The Speaker designated the Honorable Earl Blumenauer to act as Chairman of the Committee.

February 27, 2019 • 12:24 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 8.

February 27, 2019 • 12:25 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Lesko amendment No. 1.

February 27, 2019 • 1:53 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Lesko amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Lesko demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.

February 27, 2019 • 2:03 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Dean amendment No. 2.

February 27, 2019 • 2:05 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Horn (OK) amendment No. 3.

February 27, 2019 • 2:14 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Horn amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.

February 27, 2019 • 2:22 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 145, the Committee of the Whole proceeded with 10 minutes of debate on the Van Drew amendment No. 4.

February 27, 2019 • 2:23 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 8.

February 27, 2019 • 3:11 PM

HouseFloor

The previous question was ordered pursuant to the rule.

February 27, 2019 • 3:12 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H2254)

February 27, 2019 • 3:12 PM

HouseFloor

Mr. Collins (GA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2260)

February 27, 2019 • 3:13 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Collins (GA) motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to insert new text on regulations in the case of a background check conducted by the national instant criminal background check system, in response to a contact from a licensed importer, manufacturer, or dealer, that the system notify U.S. Immigration and Customs Enforcement if the individual is in violation of subsection (g)(5). Subsequently, the reservation was withdrawn.

February 27, 2019 • 3:14 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

February 27, 2019 • 3:25 PM

HouseFloor

On motion to recommit with instructions Agreed to by the Yeas and Nays: 220 - 209 (Roll no. 98).

February 27, 2019 • 3:35 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 240 - 190 (Roll no. 99).

February 27, 2019 • 3:45 PM

HouseFloor

On passage Passed by the Yeas and Nays: 240 - 190 (Roll no. 99).

February 27, 2019 • 3:45 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 27, 2019 • 3:45 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

February 28, 2019

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 29.

March 4, 2019

Amendments

5 amendments

Offered to this bill

H.Amdt. 48Feb 27, 2019

Pursuant to the instructions of the House in the Motion to Recommit the amendment was considered.

On agreeing to the Nadler amendment (A005) Agreed to by voice vote. · Sponsored by Jerrold Nadler

H.Amdt. 47Feb 27, 2019

An amendment numbered 4 printed in Part A of House Report 116-14 to clarify that the exception for gifts and loans of firearms between parents and their children applies to step-parents and step-children.

On agreeing to the Van Drew amendment (A004) Agreed to by voice vote. · Sponsored by Jefferson Van Drew

H.Amdt. 46Feb 27, 2019

Amendment clarifies that "great bodily harm" includes domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse.

On agreeing to the Horn, Kendra S. amendment (A003) Agreed to by recorded vote: 310 - 119 (Roll no. 97). · Sponsored by Kendra S. Horn

H.Amdt. 45Feb 27, 2019

An amendment numbered 2 printed in Part A of House Report 116-14 to clarify that the exemption from the background check requirement in instances of imminent threats of death or great bodily harm would apply to someone who is at risk of committing suicide.

On agreeing to the Dean amendment (A002) Agreed to by voice vote. · Sponsored by Madeleine Dean

H.Amdt. 44Feb 27, 2019

Amendment sought to allow gun owners to legally transfer their firearms to individuals who have been approved and are participants in TSA's PreCheck program.

On agreeing to the Lesko amendment (A001) Failed by recorded vote: 182 - 250 (Roll no. 96). · Sponsored by Debbie Lesko

Floor Debate

21 members

What members said about H.R. 8 on the floor

8 Republicans13 Democrats
Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Feb 26, 2019

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 145 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Doug Collins
Rep. Doug CollinsR-GA-9 · Feb 27, 2019

Mr. Chair, I yield myself such time as I may consume. Today I rise in strong opposition to H.R. 8, the so-called Bipartisan Background Checks Act of 2019. This is bad legislation that fails to make…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Feb 26, 2019

Mr. Speaker, I yield myself such time as I may consume, and I thank Mr. Raskin for yielding me the customary 30 minutes. Mr. Speaker, all of us, Republicans and Democrats, want to reduce gun…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Feb 27, 2019

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 8, the Bipartisan Background…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 27, 2019

Mr. Chair, I thank the chairman, and I certainly thank the ranking member for being present here today. I hold up in my hand pages and pages of mass shootings, which I will include in the Record.…

Show 8 more
Christopher Murphy
Sen. Christopher MurphyD-CT · Feb 27, 2019

Mr. President, later today, the House of Representatives will pass a proposal that will be supported by 95, 97 percent of Americans. This is a proposal to make sure anybody in this country who wants…

Katie Porter
Rep. Katie PorterD-CA-45 · Feb 7, 2019

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of my Special Order. Mr. Speaker, I…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 26, 2019

Mr. Speaker, as a senior member on the Judiciary Committee and senior member on the Crime, Terrorism, and Homeland Security Subcommittee, I, too, am glad of the underlying discussion regarding the…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Feb 27, 2019

Mr. Chairman, I thank the gentleman for yielding and I thank him for his leadership as chair of the Judiciary Committee, for bringing us to this place promptly. It is an historic day in the Congress…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Feb 7, 2019

Mr. Speaker, I thank the gentlewoman for yielding, and I particularly thank the gentlewoman for her leadership on this issue and for organizing today's Special Order hour. One of the great blessings…

Madeleine Dean
Rep. Madeleine DeanD-PA-4 · Feb 27, 2019

Mr. Chair, I am delighted that we are finally at this day, because you know the tide, you know the toll that takes place every day. On average, every day in America, 342 people are shot: murders,…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Feb 27, 2019

Mr. Chairman, I thank the gentleman for yielding. My friend, the gentleman from Georgia, just rose and said that this won't work. We have risen on this floor time after time after time after time and…

Mike Thompson
Rep. Mike ThompsonD-CA-5 · Feb 27, 2019

Mr. Chair, I thank the gentleman for yielding. Mr. Chair, I rise in strong support of my bill, H.R. 8, the Bipartisan Background Checks Act of 2019. Mr. Chair, first, I thank Speaker Pelosi and…

Show 11 more
Steve Scalise
Rep. Steve ScaliseR-LA-1 · Feb 27, 2019

Mr. Chairman, I rise in strong opposition to these gun control bills that are being brought forward. They are brought forward under the guise of background checks. Let's look at what these bills…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Feb 26, 2019

Mr. Speaker, I rise today to voice my strong opposition to H.R. 8 and H.R. 1112. We all share the same goal: to end gun violence. But in the course of this debate, House Democrats say they want to do…

Kendra S. Horn
Rep. Kendra S. HornD-OK-5 · Feb 27, 2019

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. H.R. 8 is a critical piece of legislation that I am proud to support. Congress needs to act to…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Feb 27, 2019

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, this amendment would allow gun owners to legally transfer their firearms to individuals who have been approved and are participants in…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Feb 26, 2019

Mr. Speaker, I thank the gentleman from Maryland (Mr. Raskin) for yielding me the time, and I thank him for his leadership on this important issue. Let me remind my colleagues on the other side of…

Ken Buck
Rep. Ken BuckR-CO-4 · Feb 27, 2019

Mr. Chairman, I thank the gentleman from Georgia for yielding to me. Mr. Chairman, I rise to oppose H.R. 8, a bill that criminalizes gun transfers between law-abiding citizens who have no criminal…

Ann Kirkpatrick
Rep. Ann KirkpatrickD-AZ-2 · Jan 8, 2019

Mr. Speaker, 8 years ago today, at 10:10 a.m., 19 members of the Tucson community were shot in a despicable act of violence that shocked the Nation. They were attending a Congress on Your Corner…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Feb 27, 2019

Mr. Chair, we have a gun violence epidemic in this country. For 8 years, we have marked it with moments of silence and doing nothing, saying nothing and doing nothing. But today, that changes with…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Feb 27, 2019

Mr. Chair, I thank the gentleman for yielding. Mr. Chairman, I tell you that H.R. 8 will do little more than further burden law-abiding gun owners. Without an unconstitutional Federal gun registry,…

Pete Stauber
Rep. Pete StauberR-MN-8 · Feb 27, 2019

Mr. Chair, my name is Pete Stauber, and I was a law enforcement officer for 23 years in the great State of Minnesota, the city of Duluth. In December of 1995, at 10:32 p.m., at the intersection of…

W. Gregory Steube
Rep. W. Gregory SteubeR-FL-17 · Feb 27, 2019

Mr. Chairman, today, I rise in opposition to H.R. 8. Mr. Chairman, this legislation claims to be a solution to gun violence, yet does nothing to actually solve the real problems that contribute to…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued March 4, 2019

II

Calendar No. 29

116th CONGRESS

1st Session

H. R. 8

IN THE SENATE OF THE UNITED STATES

February 28, 2019

Received; read the first time

March 4, 2019

Read the second time and placed on the calendar

AN ACT

To require a background check for every firearm sale.

1.

Short title

This Act may be cited as the Bipartisan Background Checks Act of 2019.

2.

Purpose

The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.

3.

Firearms transfers

Section 922 of title 18, United States Code, is amended—

(1)

by striking subsection (s);

(2)

by redesignating subsection (t) as subsection (s); and

(3)

by inserting after subsection (s), as redesignated, the following:

(t)
(1)
(A)

It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s).

(B)

Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.

(C)

If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.

(2)

Paragraph (1) shall not apply to—

(A)

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;

(B)

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;

(C)

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;

(D)

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;

(E)

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

(F)

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—

(i)

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

(ii)

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

(I)

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

(II)

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

(iii)

while in the presence of the transferor.

(3)
(A)

Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

(B)

Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).

(C)

Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.

(D)

Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).

(E)

Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement.

(4)

It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.

.

4.

Technical and conforming amendments

(a)

Section 922

Section 922(y)(2) of title 18, United States Code, is amended in the matter preceding subparagraph (A) by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B).

(b)

Consolidated and Further Continuing Appropriations Act, 2012

Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922.

5.

Rule of construction

Nothing in this Act, or any amendment made by this Act, shall be construed to—

(1)

authorize the establishment, directly or indirectly, of a national firearms registry; or

(2)

interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.

6.

Effective date

The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.

Passed the House of Representatives February 27, 2019.

Cheryl L. Johnson,

Clerk.

March 4, 2019

Read the second time and placed on the calendar