H.R. 715House118th Congress (2023-2025)In Committee

Bipartisan Background Checks Act of 2023

Introduced February 1, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:57 AM UTC

The Bipartisan Background Checks Act of 2023 expands the federal background‑check system to cover all firearm sales, including private transfers. It requires a licensed dealer to take possession of a gun and run a background check before the sale can be completed. The law includes several exemptions for law‑enforcement, family gifts, estate transfers, temporary safety transfers, and certain hunting or range uses, and it directs the Attorney General to provide bilingual forms for the checks.

Key Provisions

  • Adds a new prohibition (18 U.S.C. §922 aa) making it illegal for anyone who isn’t a licensed importer, manufacturer, or dealer to transfer a firearm unless a licensed dealer first takes possession and conducts a background check.
  • Creates specific exemptions for law‑enforcement officers, armed security, military members, family transfers, estate transfers, temporary transfers to prevent imminent harm, and transfers for hunting, trapping, pest control, or range use.
  • Requires licensed dealers to give buyers a notice of the prohibition and obtain a buyer’s certification that they received the notice, using a form the Attorney General must provide in English and Spanish.
  • Amends the penalty provision (18 U.S.C. §924 (a)(5)) to include violations of the new §922 aa provision.
  • States the law does not create a national firearms registry and does not interfere with state authority over firearms.
  • Sets the new requirements to take effect 180 days after the law is enacted.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

February 1, 2023

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HouseIntro Referral

Introduced in House

February 1, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 1, 2023

Floor Debate

8 members

What members said about H.R. 715 on the floor

4 Republicans4 Democrats
Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · May 15, 2024

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1227 and ask for its immediate consideration. For the purpose of debate only, I yield the customary 30 minutes to the…

James P. McGovern
Rep. James P. McGovernD-MA-2 · May 15, 2024

Madam Speaker, I thank the gentleman from New York for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Republicans have us here today considering…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Dec 12, 2023

Mr. Speaker, I thank the gentlewoman from Minnesota for yielding the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Volodymyr Zelenskyy is here in the Capitol…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Dec 12, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 922 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Glenn Ivey
Rep. Glenn IveyD-MD-4 · May 15, 2024

Madam Speaker, I thank my colleague for yielding. I must say that Police Week, when I was a prosecutor at the Federal level and at the State level, was something I looked forward to. I worked closely…

Show 4 more
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · May 15, 2024

Madam Speaker, I thank my friend from New York for yielding, and I thank him for leading this discussion on behalf of the Rules Committee today. I wanted to come down and speak in support of the…

Kevin Kiley
Rep. Kevin KileyR-CA-3 · May 15, 2024

Madam Speaker, a couple of days ago, the former Democratic majority leader of this body called out the radicals in his own party who are reflecting the talking points and rhetoric of Hamas, which, of…

Mike Thompson
Rep. Mike ThompsonD-CA-4 · Dec 12, 2023

Mr. Speaker, I thank the gentlewoman for yielding. Like the gentlewoman, I spent my entire weekend in my district, and not one person came to me asking me to change the law on chocolate milk. We have…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Dec 12, 2023

Mr. Speaker, I rise today to support the rule that includes consideration of the Whole Milk for Healthy Kids Act, an important step to ensuring America's children have access to healthy, nutritious…

Bill Text

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Introduced in HouseIssued February 1, 2023

I

118th CONGRESS

1st Session

H. R. 715

IN THE HOUSE OF REPRESENTATIVES

February 1, 2023

Mr. Fitzpatrick (for himself, Mr. Thompson of California, Ms. Bonamici, Mrs. Beatty, Mrs. Torres of California, Mr. Peters, Mr. García of Illinois, Mr. David Scott of Georgia, Ms. Kelly of Illinois, Mr. Espaillat, Mr. Tonko, Mr. Panetta, Ms. Stevens, Ms. Castor of Florida, Mr. Schneider, Mr. Garamendi, Ms. Davids of Kansas, Mr. Higgins of New York, Mr. Costa, Ms. Moore of Wisconsin, Mr. Cárdenas, Ms. Jacobs, Ms. Norton, Ms. McCollum, Mrs. Napolitano, Ms. Kamlager-Dove, Ms. Scanlon, Mr. Smith of Washington, Mr. Swalwell, Mr. Stanton, Mr. Connolly, Ms. Garcia of Texas, Ms. Houlahan, Mr. Larsen of Washington, Ms. Titus, Mrs. Fletcher, Mr. Grijalva, Mr. Larson of Connecticut, Mr. Norcross, Mr. DeSaulnier, Mrs. Watson Coleman, Mr. Carbajal, Mr. Case, Mr. Robert Garcia of California, Mr. Correa, Mr. Phillips, Mr. Quigley, Mr. Huffman, Ms. Wexton, Mr. Neguse, Mr. Davis of Illinois, Ms. Underwood, Mrs. Foushee, Mr. Beyer, Mrs. Hayes, Mr. Pappas, Mr. Morelle, Ms. Meng, Mr. Auchincloss, Mr. Trone, Ms. DelBene, Ms. Lee of California, Mr. Casten, Mr. Sherman, Mrs. Dingell, Mr. Schiff, Mr. Sarbanes, Mr. Doggett, Mr. Nadler, Mr. Moulton, Ms. Williams of Georgia, Mr. Raskin, Ms. Sánchez, Ms. Tokuda, Mr. Payne, Mr. Himes, Ms. Brownley, Mr. Pallone, Ms. Adams, Mr. Goldman of New York, Mr. Nickel, Ms. Ross, Ms. Eshoo, Mr. McGovern, Mr. Cartwright, Mr. Lynch, Ms. Wild, Mr. Gomez, Ms. Pingree, Ms. Velázquez, Ms. Wasserman Schultz, Ms. Chu, Mr. Vargas, Mr. Mullin, Ms. Schakowsky, Mr. Foster, Mr. Castro of Texas, Mr. Levin, Ms. Kaptur, Ms. Tlaib, Mr. Blumenauer, Mr. Kilmer, Mrs. McBath, Mr. Evans, Mr. Boyle of Pennsylvania, Mr. Mfume, Mr. Krishnamoorthi, Ms. Plaskett, Ms. Salinas, Mr. Bera, Ms. Escobar, Mr. Landsman, Ms. Omar, Mr. Bishop of Georgia, Ms. DeLauro, Mrs. Trahan, Ms. Sewell, Ms. Clarke of New York, Mr. Takano, Ms. Pettersen, Mrs. Cherfilus-McCormick, Mr. Cleaver, Ms. Dean of Pennsylvania, Ms. Wilson of Florida, Mr. Kildee, Mr. Ivey, Mr. Khanna, Ms. Leger Fernandez, Ms. Craig, Ms. Brown, Ms. Pressley, Ms. Crockett, Mr. Gottheimer, Ms. Matsui, Ms. Porter, Ms. Barragán, Mr. Meeks, Ms. Jayapal, Mr. Pocan, Ms. Ocasio-Cortez, Mr. McGarvey, Mr. Ruiz, Ms. Scholten, Mr. Torres of New York, Ms. Balint, Mr. Bowman, Mr. Johnson of Georgia, Mr. Kim of New Jersey, Ms. Hoyle of Oregon, Mr. Deluzio, Mr. Cohen, Mr. Gallego, Mrs. Lee of Nevada, Mr. Aguilar, Mr. Keating, Mr. Ruppersberger, Ms. Blunt Rochester, Mr. Courtney, Mr. Scott of Virginia, Ms. Strickland, Ms. Lois Frankel of Florida, Ms. Lofgren, Mr. Crow, Ms. Spanberger, Ms. Jackson Lee, Mr. Soto, Ms. Sherrill, Mr. Magaziner, Mr. Carter of Louisiana, Mr. Allred, Ms. Slotkin, Mr. Frost, and Mr. Moskowitz) introduced the following bill; which was 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 Bipartisan Background Checks Act of 2023.

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.