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  • Statement of Administration Policy HR 8 HR 1112

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    Beth Baumann
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    The Administration opposes both H.R. 8 and H.R. 1112. H.R. 8 would require background checks and record keeping for certain private firearm transfers, which the Administration believes would be too burdensome and not respect Second Amendment rights. H.R. 1112 would extend the waiting period for background checks to 20 business days, which the Administration views as an undue delay that could effectively prohibit some lawful firearm purchases. The Administration believes both bills undermine Second Amendment protections and if either passed Congress, the President's advisors would recommend a veto.

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    Statement of Administration Policy HR 8 HR 1112

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    The Administration opposes both H.R. 8 and H.R. 1112. H.R. 8 would require background checks and record keeping for certain private firearm transfers, which the Administration believes would be too burdensome and not respect Second Amendment rights. H.R. 1112 would extend the waiting period for background checks to 20 business days, which the Administration views as an undue delay that could effectively prohibit some lawful firearm purchases. The Administration believes both bills undermine Second Amendment protections and if either passed Congress, the President's advisors would recommend a veto.

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    22K views2 pages

    Statement of Administration Policy HR 8 HR 1112

    Uploaded by

    Beth Baumann
    The Administration opposes both H.R. 8 and H.R. 1112. H.R. 8 would require background checks and record keeping for certain private firearm transfers, which the Administration believes would be too burdensome and not respect Second Amendment rights. H.R. 1112 would extend the waiting period for background checks to 20 business days, which the Administration views as an undue delay that could effectively prohibit some lawful firearm purchases. The Administration believes both bills undermine Second Amendment protections and if either passed Congress, the President's advisors would recommend a veto.

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    EXECUTIVE OFFICE OF THE PRESIDENT

    OFFICE OF MANAGEMENT AND BUDGET


    WASHINGTON, D.C. 20503

    February 25, 2019


    (House Rules)

    STATEMENT OF ADMINISTRATION POLICY


    H.R. 8 – Bipartisan Background Checks Act of 2019
    (Rep. Thompson, D-CA, and 232 cosponsors)
    H.R. 1112 – Enhanced Background Checks Act of 2019
    (Rep. Clyburn, D-SC, and 15 cosponsors)

    The Administration opposes H.R. 8 because it would impose burdensome requirements on


    certain firearm transactions. H.R. 8 would require that certain transfers, loans, gifts, and sales of
    firearms be processed by a federally licensed importer, manufacturer, or dealer of firearms. H.R.
    8 would therefore impose permanent record-keeping requirements and limitless fees on these
    everyday transactions. H.R. 8 contains very narrow exemptions from these requirements, and
    these exemptions would not sufficiently protect the Second Amendment right of individuals to
    keep and bear arms. For example, unless an exemption applies, both the act of leaving a weapon
    in the temporary care of a neighbor while traveling and the act of later retrieving that weapon
    would require processing by a licensed entity under H.R. 8. Also, unless such an exemption
    applies, domestic violence victims would be prohibited from borrowing a firearm for self-
    defense without first having the transaction go through such a licensed entity. The extensive
    regulation required by H.R. 8 is incompatible with the Second Amendment’s guarantee of an
    individual right to keep arms.

    By overly extending the minimum time that a licensed entity is required to wait for background
    check results, H.R. 1112 would unduly impose burdensome delays on individuals seeking to
    purchase a firearm. For this reason, the Administration opposes the legislation. H.R. 1112
    would require a federally licensed firearms importer, manufacturer, or dealer that initiates a
    mandatory background check on an individual seeking to purchase a firearm to wait ten business
    days on results before processing the transaction. If the Federal Government fails to complete
    the background check within this window of time, the individual seeking to purchase the firearm
    may petition the Government for permission to proceed with the transfer. Under H.R. 1112, the
    licensed entity would be required to wait an additional ten business days after such a petition is
    filed before it is allowed to proceed with processing the transaction. Currently, such background
    checks are considered invalid 30 calendar days after the date the licensed entity initiated them.

    As the bill is written, therefore, an individual must file their petition on the earliest day possible.
    If they fail to do so, H.R. 1112 would effectively prohibit some firearms purchases from being
    processed because the initiated background check would be considered invalid before the end of
    the second ten-business-day waiting period. Allowing the Federal Government to restrict
    firearms purchases through bureaucratic delay would undermine the Second Amendment’s
    guarantee that law-abiding citizens have an individual right to keep and bear arms.

    If H.R. 8, or H.R. 1112, are presented to the President, his advisors would recommend he veto
    the bill.

    *******

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