H.R. 1446House117th Congress (2021-2023)Passed House

Enhanced Background Checks Act of 2021

Introduced March 1, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:32 PM UTC

The Enhanced Background Checks Act of 2021 amends federal law to tighten the background‑check process that Federal firearms licensees must follow when transferring a gun to a non‑licensee. It adds a petition system that lets a prospective buyer certify they are not prohibited and requires the ATF to respond within set timeframes, while also extending the period a licensee can rely on a “no‑violation” notice. The bill also mandates several government reports to track the impact of these changes, especially on prohibited transfers and domestic‑violence victims. It applies to Federal firearms licensees, the ATF/NICS system, and prospective firearm purchasers.

Key Provisions

  • Licensees must wait at least 10 business days after contacting the NICS system before completing a transfer if no violation notice is received, and the buyer can submit a petition certifying they are not prohibited.
  • The Attorney General must create a standard petition form, make it available electronically, provide receipt notice, and give an expedited response to petitions.
  • If NICS notifies the licensee within 3 business days that the transfer is allowed, the licensee may rely on that notice for an additional 25 calendar days or 30 days after the initial contact, whichever is longer.
  • Requires GAO reports every 1, 3, and 5 years on the effectiveness of the new background‑check provisions, including delays and denials.
  • Mandates an annual public FBI report on petitions not decided within 10 days, with state‑by‑state statistics.
  • Requires the Attorney General to report within 150 days on the law’s effect on domestic‑violence victims.
  • Requires the DOJ Inspector General to report on firearm transfers denied by NICS and referred to ATF.
  • The law becomes effective 210 days after enactment.

Legislative Activity

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22 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 391.

May 25, 2022

View full timeline
HouseIntro Referral

Introduced in House

March 1, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

March 1, 2021

HouseFloor

Rules Committee Resolution H. Res. 188 Reported to House. Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.

March 8, 2021 • 2:23 PM

HouseFloor

Rule H. Res. 188 passed House.

March 8, 2021 • 8:05 PM

HouseFloor

Considered under the provisions of rule H. Res. 188. (consideration: CR H1303-1314)

March 10, 2021 • 3:55 PM

HouseFloor

Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.

March 10, 2021 • 3:55 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 1446.

March 10, 2021 • 3:55 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 188, the House proceeded with 20 minutes of debate on the Nadler en bloc amendment No. 1.

March 10, 2021 • 5:02 PM

HouseFloor

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

March 10, 2021 • 6:10 PM

HouseFloor

Mr. Hudson moved to recommit to the Committee on the Judiciary. (text: CR H1314)

March 10, 2021 • 6:11 PM

HouseFloor

The previous question on the motion was ordered without objection.

March 10, 2021 • 6:11 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Hudson motion to recommit, the Chair put the question on agreeing to the motion to recommit and by voice vote announced that the noes had prevailed. Mr. Hudson demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

March 10, 2021 • 6:12 PM

HouseFloor

Pursuant to clause 1(c) of Rule XIX, further consideration of H.R. 1446 is postponed.

March 10, 2021 • 6:12 PM

HouseFloor

Pursuant to clause 1(c) of Rule XIX, the House resumed consideration of H.R. 1446.

March 11, 2021 • 10:50 AM

HouseFloor

Considered as unfinished business. (consideration: CR H1332-1334)

March 11, 2021 • 10:50 AM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to the motion to recommit H. R. 1446 which had been debated earlier and on which further proceedings had been postponed.

March 11, 2021 • 10:51 AM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 206 - 212 (Roll no. 76).

March 11, 2021 • 11:38 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77).(text: 3/10/2021 CR H1303)

March 11, 2021 • 12:31 PM

HouseFloor

On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77). (text: 3/10/2021 CR H1303)

March 11, 2021 • 12:31 PM

HouseFloor

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

March 11, 2021 • 12:31 PM

SenateIntro Referral

Received in the Senate.

March 11, 2021

SenateCalendars

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

May 24, 2022

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 391.

May 25, 2022

Floor Debate

24 members

What members said about H.R. 1446 on the floor

18 Republicans6 Democrats
Mark DeSaulnier
Rep. Mark DeSaulnierD-CA-11 · Mar 8, 2021

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 188 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 10, 2021

Mr. Speaker, I thank the gentleman for yielding. You know, our friends on the other side of the aisle are deadly wrong. That is the tragedy of their argument, because the Second Amendment does not…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Mar 10, 2021

Mr. Speaker, pursuant to House Resolution 188, I call up the bill (H.R. 8) to require a background check for every firearm sale, and ask for its immediate consideration. Mr. Speaker, I ask unanimous…

Mike Thompson
Rep. Mike ThompsonD-CA-5 · Mar 10, 2021

Mr. Speaker, every day 30 people are killed by someone using a gun. That number jumps to 100 if you factor in accidents and suicides involving guns. The steady stream of gun violence devastates…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Mar 8, 2021

Madam Speaker, I thank my colleague from California for yielding me the customary 30 minutes, and I am also happy to see him back doing well. I appreciate that, and that we are here in the Chamber…

Show 8 more
Thomas Massie
Rep. Thomas MassieR-KY-4 · Mar 10, 2021

Mr. Speaker, Democrats today want to introduce gun control legislation that they say is going to make you safer. They want to expand background checks. But what do background checks accomplish? Well,…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Mar 10, 2021

Mr. Speaker, well, that is an interesting speech to follow. Mr. Massie was very energized. I haven't seen, of course, that which he submitted for the Record, but 90 percent of America thinks this…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Mar 9, 2021

Mr. Speaker, I thank my friend from Arizona for his very informative speech here about our coming, looming economic issues. Mr. Speaker, for the last 2 weeks, the majority has attacked the First…

Marjorie Taylor Greene
Rep. Marjorie Taylor GreeneR-GA-14 · Mar 9, 2021

Madam Speaker, I rise today in opposition of gun control bills. I rise today in support of our Second Amendment, the greatest freedom that we have as Americans, and a right that people all over the…

Jim Jordan
Rep. Jim JordanR-OH-4 · Mar 10, 2021

Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentleman from Kentucky (Mr. Massie), the co-chair of the Second Amendment Caucus. Mr. Speaker, no, it doesn't. The previous speaker said when…

Ashley Hinson
Rep. Ashley HinsonR-IA-1 · Mar 8, 2021

Madam Speaker, I thank the gentlewoman from Minnesota for yielding. Madam Speaker, I rise today in opposition to the rule. I think we can all agree that guns should not be allowed to fall into the…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Mar 9, 2021

Mr. Speaker, I thank the gentleman for yielding. And I thank this body for still continuing the tradition of this opportunity to speak and have our voices heard, even though we are in the minority.…

John Joyce
Rep. John JoyceR-PA-13 · Mar 8, 2021

Madam Speaker, here in this Chamber, I have pledged to support and defend the United States Constitution in its entirety. The Second Amendment is a key tenet of the U.S. Constitution and Americans'…

Show 11 more
Jody B. Hice
Rep. Jody B. HiceR-GA-10 · Mar 9, 2021

Mr. Speaker, I thank my friend from Arizona for yielding. Mr. Speaker, we are all concerned with this bill, H.R. 8. And the reality is, the big money donors and powerful special interest groups…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Mar 8, 2021

Madam Speaker, I thank Representative Fischbach for yielding to me. Madam Speaker, the rule before us today makes in order two pieces of legislation that this Chamber already considered last…

Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Mar 9, 2021

Mr. Speaker, in 2019, as a private citizen, a mom, a small business owner, I was ticked off that a politician running for President of the United States wanted to strip away our enumerated…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Mar 8, 2021

Madam Speaker, I thank the gentlewoman for the time. Madam Speaker, I am concerned about H.R. 1446, the Enhanced Background Checks Act, that is part of this rule. This bill would eliminate the 3-day…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Mar 8, 2021

Madam Speaker, I thank the gentleman for yielding, and I am so glad he is back. Madam Speaker, I rise to speak in support of the Protecting the Right to Organize Act, or the PRO Act. I am the…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Mar 9, 2021

Mr. Speaker, I rise in defense of the Second Amendment and in opposition to H.R. 8, the universal background checks act. Federal law already restricts transferring firearms to prohibited individuals.…

Ralph Norman
Rep. Ralph NormanR-SC-5 · Mar 9, 2021

Mr. Speaker, the right of the people to keep and bear arms in the United States is a fundamental principle expressed in our Bill of Rights. Let me be clear: I will never do anything to infringe upon…

Bob Good
Rep. Bob GoodR-VA-5 · Mar 9, 2021

Shall not be infringed. Shall not be infringed. The right of the people to keep and bear arms shall not be infringed. James Madison, our fourth President, the primary architect of the Constitution…

Matthew M. Rosendale, Sr.

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today in opposition to the extreme gun control measures being pushed by the Democratic majority. Make no mistake, they are extreme…

Gregory F. Murphy
Rep. Gregory F. MurphyR-NC-3 · Mar 10, 2021

Mr. Speaker, I thank the gentleman from Ohio for yielding. Mr. Speaker, I rise today in opposition to H.R. 8 as well as H.R. 1446. There is not a single Member in this Chamber who does not mourn the…

Scott Perry
Rep. Scott PerryR-PA-10 · Mar 10, 2021

Mr. Speaker, just yesterday afternoon at 3 o'clock in Atlanta, an armed robber walked into Chick-fil-A to rob the place. Now, think about that. You are in there with your children, getting a meal in…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued May 25, 2022

II

Calendar No. 391

117th CONGRESS

2d Session

H. R. 1446

IN THE SENATE OF THE UNITED STATES

March 11, 2021

Received

May 24, 2022

Read the first time

May 25, 2022

Read the second time and placed on the calendar

AN ACT

To amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee.

1.

Short title

This Act may be cited as the Enhanced Background Checks Act of 2021.

2.

Strengthening of background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee

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

(1)

in paragraph (1)(B), by striking clause (ii) and inserting the following:

(ii)

in the event the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section—

(I)

not fewer than 10 business days (meaning a day on which State offices are open) has elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section, and the other person has submitted, electronically through a website established by the Attorney General or by first-class mail, a petition for review which—

(aa)

certifies that such other person has no reason to believe that such other person is prohibited by Federal, State, or local law from purchasing or possessing a firearm; and

(bb)

requests that the system respond to the contact referred to in subparagraph (A) within 10 business days after the date the petition was submitted (or, if the petition is submitted by first-class mail, the date the letter containing the petition is postmarked); and

(II)

10 business days have elapsed since the other person so submitted the petition, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and

; and

(2)

by adding at the end the following:

(7)

The Attorney General shall—

(A)

prescribe the form on which a petition shall be submitted pursuant to paragraph (1)(B)(ii);

(B)

make the form available electronically, and provide a copy of the form to all licensees referred to in paragraph (1);

(C)

provide the petitioner and the licensee involved written notice of receipt of the petition, either electronically or by first-class mail; and

(D)

respond on an expedited basis to any such petition received by the Attorney General.

(8)
(A)

If, after 3 business days have elapsed since the licensee initially contacted the system about a firearm transaction, the system notifies the licensee that the receipt of a firearm by such other person would not violate subsection (g) or (n), the licensee may continue to rely on that notification for the longer of—

(i)

an additional 25 calendar days after the licensee receives the notification; or

(ii)

30 calendar days after the date of the initial contact.

(B)

If such other person has met the requirements of paragraph (1)(B)(ii) before the system destroys the records related to the firearm transaction, the licensee may continue to rely on such other person having met the requirements for an additional 25 calendar days after the date such other person first met the requirements.

.

3.

GAO reports

Within 90 days after the end of each of the 1-year, 3-year, and 5-year periods that begin with the effective date of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report analyzing the extent to which, during the respective period, paragraphs (1)(B)(ii) and (7) of section 922(t) of title 18, United States Code, have prevented firearms from being transferred to prohibited persons, which report shall include but not be limited to the following—

(1)

an assessment of the overall implementation of such subsections, including a description of the challenges faced in implementing such paragraphs;

(2)

an aggregate description of firearm purchase delays and denials, with a description of denials, disaggregated by State and by the basis for the denial; and

(3)

an aggregate analysis of the petitions submitted pursuant to such paragraph (1)(B)(ii).

4.

Reports on petitions supporting firearms transfers not immediately approved by NICS System, that were not responded to in a timely manner

The Director of the Federal Bureau of Investigation shall make an annual report to the public on the number of petitions received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act that were submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of title 18, United States Code, with respect to which a determination was not made within the 10-day period referred to in subclause (II) of such section 922(t)(1)(B)(ii). The report shall include the following, which shall be disaggregated by State:

(1)

The number of petitions submitted under such section that were received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act.

(2)

The number of petitioners who were discovered to be ineligible under Federal or State law during that 10-day period.

(3)

The number of petitioners who were discovered to be ineligible under Federal or State law after that 10-day period.

(4)

The basis of the ineligibility of the petitioners discovered to be ineligible under Federal or State law during that 10-day period, and the basis of the ineligibility of the petitioners discovered to be ineligible under Federal or State law after that 10-day period.

(5)

The number of the petitioners whose petitions were denied and who, within 12 months after the denial, were prosecuted under Federal, State, or local law for receiving or attempting to receive a firearm.

5.

Report to the Congress

Within 150 days after the date of the enactment of this Act, the Attorney General, in consultation with the National Resource Center on Domestic Violence and Firearms, shall submit to the Congress a report analyzing the effect, if any, of this Act on the safety of victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking, disaggregated by State, and whether any further amendments to the background check process, including amendments to the conditions that must be met under this Act for a firearm to be transferred when the system has not notified the licensee that such transfer would not violate subsection (g) or (n) of section 922 of title 18, United States Code, would likely result in a reduction in the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.

6.

Effective date

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

7.

Report on firearm transfers denied as a result of a NICS check

Within 90 days after the date of the enactment of this Act, the Inspector General, Department of Justice, shall prepare and submit to the Congress a written report on the number of firearm transactions with respect to which the national instant criminal background check system established under the Brady Handgun Violence Prevention Act has determined that receipt of a firearm by the prospective firearm transferee would violate Federal or State law, and which have been referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for investigation.

Passed the House of Representatives March 11, 2021.

Cheryl L. Johnson,

Clerk.

May 25, 2022

Read the second time and placed on the calendar