S. 529Senate117th Congress (2021-2023)In Committee

Background Check Expansion Act

Introduced March 2, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:35 PM UTC

The Background Check Expansion Act would require a federal background check for every firearm sale. It makes it illegal for anyone who is not a licensed importer, manufacturer, or dealer to transfer a gun unless a licensed dealer first takes possession and runs the check. The rule applies to all private and commercial transfers, with specific exemptions for law‑enforcement officers, family members, estate transfers, temporary transfers to prevent imminent harm, certain hunting or range uses, and transfers approved by the Attorney General. It also updates related criminal penalties and states it does not create a national registry or override state laws.

Key Provisions

  • It adds a new prohibition to 18 U.S.C. §922 making unlicensed-to-unlicensed firearm transfers unlawful unless a licensed dealer first takes possession and conducts a background check.
  • The law includes exemptions for law‑enforcement personnel, spouses and other close family members, estate or trust transfers, temporary transfers to prevent imminent death or serious injury, transfers approved by the Attorney General, and temporary transfers for shooting ranges, hunting, or while the transferor is present.
  • Licensed dealers must give the recipient a notice of the prohibition and obtain a certification that the notice was received.
  • It amends 18 U.S.C. §924(a) to add the new subsection (aa) as a basis for criminal penalties.
  • The act clarifies it does not create a national firearms registry and does not interfere with state authority on firearms regulation.
  • The new requirements become effective 180 days after the law is enacted.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

March 2, 2021

View full timeline
SenateIntro Referral

Introduced in Senate

March 2, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

March 2, 2021

Floor Debate

24 members

What members said about S. 529 on the floor

18 Republicans6 Democrats
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…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · May 24, 2022

Madam President, we are nearing the end of the session, when we will go back to our homes for the evening, but when the families of 18 children and 4 great educators go home tonight, their homes will…

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…

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,…

Show 8 more
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…

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…

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…

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…

Burgess Owens
Rep. Burgess OwensR-UT-4 · Mar 10, 2021

Mr. Speaker, I rise today in opposition to H.R. 8 and H.R. 1446. In this last week I received over 1,000 emails from constituents in strong opposition to these antigun bills. Here is a sample: ``H.R.…

Ben Cline
Rep. Ben ClineR-VA-6 · Mar 10, 2021

Mr. Speaker, enough is enough, which is why I rise in strong opposition to H.R. 8 and to offer a motion to recommit the bill. This bill is nothing more than a coordinated effort by the authoritarian…

August Pfluger
Rep. August PflugerR-TX-11 · Mar 10, 2021

Mr. Speaker, I rise today as a Texan, a constitutional conservative, and in strong opposition not only to the amendments but to H.R. 8, a bill that would impose so-called universal background checks…

Beth Van Duyne
Rep. Beth Van DuyneR-TX-24 · Mar 10, 2021

Mr. Speaker, I rise in opposition to the legislation we are considering today. In cities across America, violent crime has increased; and in cities across America, laws already exist to severely…

Show 11 more
Steve Chabot
Rep. Steve ChabotR-OH-1 · Mar 10, 2021

Mr. Speaker, it is no secret that I have been a committed defender of the Second Amendment since being elected to Congress back in 1994. For me, that means that I will do everything that I possibly…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Mar 10, 2021

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, the last 2 weeks, the majority has attacked the First Amendment, and now they are attacking the Second Amendment. H.R. 8 will not save…

Chip Roy
Rep. Chip RoyR-TX-21 · Mar 10, 2021

Mr. Speaker, I thank the gentleman from Ohio for yielding. Mr. Speaker, right now in south Texas there are American citizens whose lives are in danger because of wide open borders as a direct result…

Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Mar 10, 2021

Mr. Speaker, I thank the ranking member, Jim Jordan, for yielding. Mr. Speaker, I was raised in a Democrat home, so I understand how these policies are deceiving. I understand that we are told guns…

Byron Donalds
Rep. Byron DonaldsR-FL-19 · Mar 10, 2021

Mr. Speaker, gun crime in the United States is a tragedy for us all. I heard the talk about Sandy Hook, about Columbine, and, yes, about Parkland, which happened in my State. It is a tragedy that we…

Ted Budd
Rep. Ted BuddR-NC-13 · Mar 10, 2021

Mr. Speaker, I thank my friend from Ohio for yielding. Mr. Speaker, the fundamental truth is that the Second Amendment guarantees the right of law-abiding citizens to keep and bear arms to protect…

Nikema Williams
Rep. Nikema WilliamsD-GA-5 · Mar 10, 2021

Mr. Speaker, I rise today in support of H.R. 8, the Bipartisan Background Checks Act of 2021. This common-sense legislation would save lives in every state, every congressional district, and every…

Jody B. Hice
Rep. Jody B. HiceR-GA-10 · Mar 10, 2021

Mr. Speaker, I thank my good friend from Ohio for yielding. Look, bottom line is, we all know that by definition criminals don't abide by the law. And that applies also when they are purchasing…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Mar 10, 2021

Mr. Speaker, we have been told that 90 percent of Americans support this bill. Well, that is because 99.99 percent of Americans have not read this bill. And we are told, yet again, that this will…

Glenn Grothman
Rep. Glenn GrothmanR-WI-6 · Mar 10, 2021

Mr. Speaker, one more time we see people uncomfortable with our Constitution. Our forefathers gave us the right to bear arms because they wanted law-abiding people to have the right to defend…

Daniel Meuser
Rep. Daniel MeuserR-PA-9 · Mar 10, 2021

Mr. Speaker, I thank my good friend from Ohio for yielding. Mr. Speaker, once again, Democratic leadership is proposing legislation that would do nothing to prevent criminals from accessing firearms…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued March 2, 2021

II

117th CONGRESS

1st Session

S. 529

IN THE SENATE OF THE UNITED STATES

March 2 (legislative day, March 1), 2021

Mr. Murphy (for himself, Mr. Schumer, Mr. Durbin, Mr. Blumenthal, Ms. Cortez Masto, Mr. Merkley, Mr. Markey, Mr. Menendez, Mr. Coons, Ms. Baldwin, Ms. Smith, Mr. Brown, Mr. Wyden, Ms. Warren, Mr. Casey, Mr. Warner, Mr. Sanders, Ms. Cantwell, Ms. Klobuchar, Mrs. Gillibrand, Mr. Van Hollen, Mr. Booker, Ms. Rosen, Mr. Carper, Ms. Stabenow, Mr. Cardin, Ms. Duckworth, Mr. Schatz, Mrs. Feinstein, Mr. Bennet, Mr. Whitehouse, Mr. Leahy, Ms. Hirono, Mr. Kelly, Mr. Kaine, Mr. Padilla, Mrs. Shaheen, Mr. Heinrich, Mrs. Murray, Mr. Peters, Mr. Luján, Ms. Hassan, Mr. Warnock, Mr. Reed, Mr. Ossoff, and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To require a background check for every firearm sale.

1.

Short title

This Act may be cited as the Background Check Expansion Act.

2.

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 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;

(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)

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.

.

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