Criminal law : BILL

QUESTION

Locate a bill that interests you. The bill you select should relate to a criminal law issue. You may want to vary the word search to meet your needs and interests, for example, by entering the words “misdemeanor” or “weapon” or “peace officer”, etc. Once you select a bill, please obtain as much information on the selected bill as you are able to find from the site and elsewhere. The completed Research should address the following issues:

1. Identification of the bill you selected by the number and sponsor.
2. A description of what this bill proposes and how it changes existing law; Why was this bill proposed? (you may speculate if the reason isn’t apparent)
3. What interest groups do you foresee would have an interest in this legislation? An interest group is an organization such as the ACLU.
4. What are some arguments in favor of and opposed to the adoption of this legislation?

You may articulate existing arguments or develop own arguments.

ANSWER

Criminal law : BILL

I have selected the bill “H.R. 1444 – Enhanced Background Checks Act of 2021,” sponsored by Representative James E. Clyburn of South Carolina.

Bill Identification

• Bill Number: H.R. 1444
• Sponsor: Representative James E. Clyburn

Description of the Bill

The “Enhanced Background Checks Act of 2021” proposes to amend the federal criminal background check system, particularly the National Instant Criminal Background Check System (NICS), to strengthen the background check process for firearm purchases. The bill aims to close what is commonly referred to as the “Charleston Loophole,” which allows the sale of firearms to proceed if a background check is not completed within three business days.

Specifically, this bill

1. Extends the background check review period from three to ten business days, providing more time for thorough background checks.
2. Empowers law enforcement agencies by giving them the authority to delay a firearm sale if a background check is inconclusive.
3. Requires federal agencies to report relevant records to NICS, ensuring a more comprehensive database for background checks.

Reason for Proposal

The bill was proposed in response to the tragic mass shooting that occurred at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in 2015. The shooter, Dylann Roof, was able to purchase a firearm despite having a disqualifying criminal record because the background check was not completed within the three-day waiting period. This incident exposed a significant loophole in the background check system, prompting the proposal of H.R. 1444 to address this issue and enhance public safety.

Interest Groups

Several interest groups are likely to have an interest in this legislation:

Gun Control Advocacy Groups: Organizations such as Everytown for Gun Safety and Moms Demand Action are likely to support this bill, as it aligns with their goals of strengthening background checks and preventing firearms from falling into the wrong hands.

Second Amendment Advocates: Groups like the National Rifle Association (NRA) may oppose this bill, arguing that it could infringe on the Second Amendment rights of law-abiding citizens by delaying firearm purchases.

Civil Liberties Organizations: The American Civil Liberties Union (ACLU) might have concerns about potential due process issues if background checks are extended significantly, impacting an individual’s right to purchase firearms.

Arguments in Favor

Enhanced public safety: Supporters argue that the bill would reduce the risk of firearms ending up in the hands of individuals who should not have access to them, such as those with criminal records or mental health issues.

Closing the Charleston Loophole: Advocates stress the importance of addressing the specific loophole that allowed the Charleston church shooter to acquire a weapon.

Comprehensive background checks: Supporters believe that extending the background check period and requiring agencies to report relevant records will lead to a more accurate and thorough vetting process.

Arguments Opposed

Second Amendment rights: Opponents argue that the bill may infringe on law-abiding citizens’ Second Amendment rights by potentially delaying their access to firearms.

Due process concerns: Some critics express concerns about potential due process issues if the waiting period is significantly extended, impacting individuals’ rights to timely firearm purchases.

Administrative burden: There are concerns about the administrative burden placed on law enforcement agencies to complete more extensive background checks within the proposed timeframe.

Conclusion

H.R. 1444, the Enhanced Background Checks Act of 2021, addresses a critical issue in the federal background check system, aiming to enhance public safety while potentially raising concerns about due process and Second Amendment rights. Interest groups on both sides of the gun control debate have strong opinions on this legislation, making it a topic of ongoing debate and discussion in the realm of criminal law and gun control.