Keep guns out of dangerous hands. The federal background check system (the National Instant Criminal Background Check System) is one of the best tools we have to prevent gun violence, but it’s only effective when it’s used. Biden will enact universal background check legislation and close other loopholes that allow people who should be prohibited from purchasing firearms from making those purchases. Specifically, he will:
- Require background checks for all gun sales. Today, an estimated 1 in 5 firearms are sold or transferred without a background check. Biden will enact universal background check legislation, requiring a background check for all gun sales with very limited exceptions, such as gifts between close family members. This will close the so-called “gun show and online sales loophole” that the Obama-Biden Administration narrowed, but which cannot be fully closed by executive action alone.
- Close other loopholes in the federal background check system. In addition to closing the “boyfriend loophole” highlighted below, Biden will:
- Reinstate the Obama-Biden policy to keep guns out of the hands of certain people unable to manage their affairs for mental reasons, which President Trump reversed. In 2016, the Obama-Biden Administration finalized a rule to make sure the Social Security Administration (SSA) sends to the background check system records that it holds of individuals who are prohibited from purchasing or possessing firearms because they have been adjudicated by the SSA as unable to manage their affairs for mental reasons. But one of the first actions Donald Trump took as president was to reverse this rule. President Biden will enact legislation to codify this policy.
- Close the “hate crime loophole.” Biden will enact legislation prohibiting an individual “who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission” from purchasing or possessing a firearm.
- Close the “Charleston loophole.” The Charleston loophole allows people to complete a firearms purchase if their background check is not completed within three business days. Biden supports the proposal in the Enhanced Background Checks Act of 2019, which extends the timeline from three to 10 business days. Biden will also direct the Federal Bureau of Investigation (FBI) to put on his desk within his first 100 days as president a report detailing the cases in which background checks are not completed within 10 business days and steps the federal government can take to reduce or eliminate this occurrence.
- Close the “fugitive from justice” loophole created by the Trump Administration. Because of actions by the Trump Administration, records of almost 500,000 fugitives from justice who are prohibited from purchasing firearms were deleted from the background check system. The Biden Administration will restore these records, and enact legislation to make clear that people facing arrest warrants are prohibited from purchasing or possessing firearms.
End the online sale of firearms and ammunitions. Biden will enact
legislation to prohibit all online sales of firearms, ammunition, kits, and gun parts.
Create an effective program to ensure individuals who become prohibited from possessing firearms relinquish their weapons. Federal law defines categories of individuals who are prohibited from purchasing or possessing firearms, and the federal background check system is an effective tool for ensuring prohibited persons cannot purchase firearms. But we lack any serious tool to ensure that when someone becomes newly prohibited – for example, because they commit a violent crime – they relinquish possession of their firearms. There are some promising models for how this could be enforced.
For example, California has a mandatory process for ensuring relinquishment by any individual newly subject to a domestic violence restraining order. As president, Biden will direct the FBI and ATF to outline a model relinquishment process, enact any necessary legislation to ensure relinquishment when individuals newly fall under one of the federal prohibitions, and then provide technical and financial assistance to state and local governments to establish effective relinquishment processes on their own.
Incentivize state “extreme risk” laws.
Extreme risk laws, also called “red flag” laws, enable family members or law enforcement officials to temporarily remove an individual’s access to firearms when that individual is in crisis and poses a danger to themselves or others. Biden will incentivize the adoption of these laws by giving states funds to implement them. And, he’ll direct the U.S. Department of Justice to issue best practices and offer technical assistance to states interested in enacting an extreme risk law.
Give states incentives to set up gun licensing programs. Biden will enact
legislation to give states and local governments grants to require individuals to obtain a license prior to purchasing a gun.
ADDRESSING THE DEADLY COMBINATION OF GUNS AND DOMESTIC VIOLENCE
The statistics tell a devastating and overwhelming story. The likelihood that a woman in a domestic violence situation will be killed increases by a
factor of five if a gun is nearby.
Half of mass shootings involve an individual shooting a family member or former intimate partner. This deadly connection tragically impacts children as well:
86% of children killed in shootings with four or more victims were involved in domestic or family violence.
Biden recognizes that the gun violence and domestic violence epidemics are linked and cannot be solved in isolation. Addressing the interconnectedness of these challenges will be a core focus of Biden’s anti-violence work as president.
The
Violence Against Women Reauthorization Act of 2019, which Leader McConnell refuses to bring to the floor for a vote, includes a number of reforms to keep firearms out of the hands of abusers. Senator McConnell should ensure this legislation gets passed long before President Biden would take the oath of office. But if McConnell refuses to act, Biden will enact legislation to close the so-called “boyfriend loophole” and “stalking loophole” by prohibiting all individuals convicted of assault, battery, or stalking from purchasing or possessing firearms, regardless of their connection to the victim. This proposal is modeled after existing
laws in California, Connecticut, Hawaii, Nevada, New York, and Pennsylvania. Biden also supports enacting the
proposal to prohibit anyone under a temporary restraining order from purchasing or possessing a firearm before their hearing.
In addition, President Biden will:
- Establish a new Task Force on Online Harassment and Abuse to focus on the connection between mass shootings, online harassment, extremism, and violence against women. As President, Joe Biden will convene a national Task Force with federal agencies, state leaders, advocates, law enforcement, and technology experts to study rampant online sexual harassment, stalking, and threats, including revenge porn and deepfakes — and the connection between this harassment, mass shootings, extremism and violence against women. The Task Force will be charged with developing cutting-edge strategies and recommendations for how federal and state governments, social media companies, schools, and other public and private entities can tackle this unique challenge. The Task Force will consider platform accountability, transparent reporting requirements for incidents of harassment and response, and best practices.
- Expand the use of evidence-based lethality assessments by law enforcement in cases of domestic violence. Lethality assessments, sometimes called “risk” or “danger” assessments, are a proven strategy to help law enforcement officers identify domestic violence survivors who are at high risk of being killed by their abusers. These survivors are then connected with social service programs that can offer services and safety planning. An evaluation of the Lethality Assessment Program (LEP) created by the Maryland Network Against Domestic Violence showed promising results. Increased federal funding will incentivize jurisdictions to take advantage of implementing these programs more widely.
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