Member of Congress

Jerrold Nadler

Role
Current Representative
State
NY
Party
Democrat

Speeches

BIPARTISAN BACKGROUND CHECKS ACT OF 20212021-03-10

Mr. NADLER

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Colorado (Mr. Neguse).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from Massachusetts (Mrs. Trahan).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Illinois (Ms. Kelly).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Texas (Mr. Doggett).

Mr. NADLER. Mr. Speaker, how much time remains?

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Levin).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Virginia (Mr. Connolly).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from Florida (Ms. Wasserman Schultz).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Florida (Mr. Deutch).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from New York (Mr. Bowman).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Oregon (Mr. Blumenauer).

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Illinois (Mr. Garcia).

Mr. NADLER. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.

Mr. NADLER. Mr. Speaker, I yield myself 45 seconds. Mr. Speaker, this en bloc amendment includes several amendments that strengthen the bill and that thoughtfully modify it to account for practical considerations surrounding the use and misuse of firearms. Among this group are a provision that clarifies the exchange of firearms between family members, a measure to protect more expansive State firearm laws, an amendment that would ensure ATF background check forms are available in Spanish, and a proposal that would allow for temporary transfers for pest control. Representative Jackson Lee's amendment concerning suicide is particularly important as it highlights the tragic consequences that access to firearms can have on those who intend to harm themselves. Mr. Speaker, I urge my colleagues to vote in favor of the en bloc amendment, and I reserve the balance of my time.

Mr. NADLER. Mr. Speaker, I reserve the balance of my time.

Mr. NADLER. Mr. Speaker, I am prepared to close. I reserve the balance of my time.

Mr. NADLER. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, since the House passed H.R. 8 more than 2 years ago, an estimated 80,000 people have lost their lives to gun violence. We have had too many moments of silence and too many expressions of sympathy. Too many families are grieving the loss of a loved one. Expanding background checks is overwhelmingly supported by the American public because they know that it will make a meaningful difference in reducing gun violence and saving lives. It is time to enact this important legislation. Mr. Speaker, I yield back the balance of my time.

Mr. NADLER. Mr. Speaker, that is correct. Amendments En Bloc Offered by Mr. Nadler of New York

Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I offer amendments en bloc.

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ENHANCED BACKGROUND CHECKS ACT OF 20212021-03-10

Mr. NADLER

Mr. NADLER. Mr. Speaker, pursuant to House Resolution 188, I call up the bill (H.R. 1446) to amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee, and ask for its immediate consideration.

Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 1446.

Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 1446, the Enhanced Background Checks Act of 2021, is a critical bill to provide law enforcement the necessary time to keep firearms out of the hands of those who are not legally eligible to own them. The 2015 massacre at Emanuel AME Church in Charleston, which killed nine innocent people, stands as a tragic reminder of how current background check laws sometimes fall short. Under current law, a licensed gun dealer conducting a background check on a prospective purchaser is permitted to sell the firearm to the purchaser if there has been no determination from the background check system, commonly called NICS, after 3 business days. This is the case even if the system has not indicated that the person has actually passed the background check. Often, we refer to this as a default proceed transaction. While 96 percent of background checks are processed within 3 business days, an analysis of FBI data showed that over 35,000 guns were transferred to prohibited purchasers between 2008 and 2017 because of the default proceed rule. On average, over the course of the last decade, 10 prohibited individuals have been able to purchase guns at licensed firearms dealers through the default proceed rule every single day. The cases in which there is a delay are the very cases that ought to be carefully investigated. If NICS is unable to return an instant determination--and especially if there is no report after 3 days--there is cause for concern. There may be a good reason that these individuals should not own firearms, but the current system allows the transfer nonetheless. Under this legislation, as under current law, a sale may proceed immediately once a background check clears a purchaser, which is the case in the vast majority of instances. This bill provides, however, that for checks taking longer to complete, the FBI will have 10 business days for the initial background check investigation period. If the check is not completed during this time, an individual may submit a petition for expedited review. If a petition is submitted, unless NICS provides an answer within the next 10 business days, either clearing the transaction or stopping it, a gun dealer has the discretion to complete the sale and transfer the firearm. We must ensure that firearms transfers are lawful, and in some instances, that requires additional time. That is why H.R. 1446 is needed, to prevent the sale of firearms to prohibited individuals by providing the FBI with additional time to complete background checks. H.R. 1446 is a sensible and necessary approach to closing a dangerous loophole, and I commend our colleague, Congressman Jim Clyburn, the distinguished Democratic whip, for introducing this bill. Mr. Speaker, I strongly support this legislation, and I reserve the balance of my time.

Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Rhode Island (Mr. Cicilline).

Mr. NADLER. Mr. Speaker, I yield 5 minutes to the gentleman from South Carolina (Mr. Clyburn), the sponsor of this legislation, and the distinguished majority whip.

Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the gentleman from South Carolina.

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