H.R. 8House117th Congress (2021-2023)Passed House

Bipartisan Background Checks Act of 2021

Introduced March 1, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:32 PM UTC

The Bipartisan Background Checks Act of 2021 would require a background check for every firearm sale between private parties. It makes it illegal for anyone who isn’t a licensed dealer, importer, or manufacturer to transfer a gun unless a licensed dealer first takes possession and runs the check. The law includes several exemptions, such as transfers between close family members, law‑enforcement officers, temporary transfers for safety, and transfers after a person’s death.

Key Provisions

  • Adds a new subsection to 18 U.S.C. 922 making it unlawful for unlicensed individuals to transfer firearms to other unlicensed persons unless a licensed dealer first takes possession and conducts a background check.
  • Provides exemptions for law‑enforcement officers, armed security, military members, transfers between spouses, domestic partners, parents and children, siblings, grandparents, and other close relatives when there’s no reason to suspect prohibited use.
  • Allows temporary transfers to prevent imminent death or serious bodily harm, and transfers for hunting, trapping, pest control, or at shooting ranges under specific conditions.
  • Requires licensed dealers to give a notice of the prohibition and obtain a certified acknowledgment from the buyer on a form the Attorney General must supply in English and Spanish.
  • Amends 18 U.S.C. 924(a) to include the new “aa” category and clarifies the law does not create a national firearms registry or preempt state laws; the changes take effect 180 days after enactment.

Legislative Activity

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21 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 390.

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

Considered under the provisions of rule H. Res. 188. (consideration: CR H1286-1303)

March 10, 2021 • 2:14 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 • 2:14 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 8.

March 10, 2021 • 2:15 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 • 3:38 PM

HouseFloor

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

March 10, 2021 • 3:52 PM

HouseFloor

Mr. Jordan moved to recommit to the Committee on the Judiciary. (text: CR H1302)

March 10, 2021 • 3:53 PM

HouseFloor

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

March 10, 2021 • 3:53 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Jordan 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. Jordan demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

March 10, 2021 • 3:54 PM

HouseFloor

Pursuant to clause 1(c) of Rule XIX, further consideration of H.R. 8 is postponed.

March 10, 2021 • 3:55 PM

HouseFloor

Pursuant to clause 1(c) of Rule XIX, the House resumed consideration of H.R. 8.

March 11, 2021 • 9:15 AM

HouseFloor

Considered as unfinished business. (consideration: CR H1330-1332)

March 11, 2021 • 9:15 AM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to the motion to recommit H.R. 8 which had been debated earlier and on which further proceedings had been postponed.

March 11, 2021 • 9:16 AM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 207 - 217 (Roll no. 74).

March 11, 2021 • 10:04 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 227 - 203 (Roll no. 75).(text: 3/10/2021 CR H1286-1287)

March 11, 2021 • 10:50 AM

HouseFloor

On passage Passed by the Yeas and Nays: 227 - 203 (Roll no. 75). (text: 3/10/2021 CR H1286-1287)

March 11, 2021 • 10:50 AM

HouseFloor

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

March 11, 2021 • 10:50 AM

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. 390.

May 25, 2022

Floor Debate

24 members

What members said about H.R. 8 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. 390

117th CONGRESS

2d Session

H. R. 8

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 require a background check for every firearm sale.

1.

Short title

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

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 purchase or possession are not able to obtain firearms.

3.

Firearms transfers

(a)

In general

Section 922 of title 18, United States Code, is amended by adding at the end the following:

(aa)
(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 (t).

(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 or exchange (which, for purposes of this subsection, means an in-kind transfer of a firearm of the same type or value) 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 harm to self, and 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, pest control on a farm or ranch, 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, pest control on a farm or ranch, or fishing; or

(iii)

while in the presence of the transferor.

(3)

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)

The Attorney General shall make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check under subsection (t) and this subsection, and the notice and form required under paragraph (3) of this subsection.

.

(b)

Amendment to section 924(a)

Section 924(a)(5) of title 18, United States Code, is amended by striking (s) or (t) and inserting (s), (t), or (aa).

(c)

Rules of interpretation

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.

(d)

Effective date

The amendment made by subsections (a) and (b) shall take effect 180 days after the date of enactment of this Act.

Passed the House of Representatives March 11, 2021.

Cheryl L. Johnson,

Clerk.

May 25, 2022

Read the second time and placed on the calendar