NRA-ILA 3/15/2021

The U.S. House Representatives, with the urging and support of Joe Biden, passed two bills on Thursday – H.R. 8 and H.R. 1446 – that would usher in a sweeping overhaul of how firearms are bought and sold in the U.S. Neither would impede criminals, who overwhelmingly obtain their firearms outside normal channels of lawful commerce. But together they would transform the constitutionally protected right to obtain firearms into a privilege administered at the whim of anti-gun bureaucrats.
To understand why these bills are so consequential, it’s important to understand how retail firearm sales work under existing federal law.
Currently, the primary means by which the federal government regulates firearms is through a network of licensed dealers (FFLs) making commercial sales. Anyone who repetitively engages in firearm sales for livelihood and profit is required to become an FFL. Failure to do so is already a federal felony. So when the media mentions “unlicensed dealers,†they’re actually talking about criminals, not people falling into a legal “loophole.â€
Anyone buying a gun from an FFL must first go through a computerized, point-of-sale background check administered by the FBI. This check, which is supposed to be instant, searches several national databases to determine if a would-be buyer falls into any statutorily-defined category of “prohibited persons,†which include such things as felons, people who have been committed to a mental institution, and illegal aliens.
If the search does not turn up a disqualifying record, the system notifies the dealer to proceed. Sometimes, however, the records are unclear, and a response cannot be provided immediately. This results in a delay of up to three business days to allow the FBI to conduct additional research.
If the FBI still has not resolved the check within that three business day period, the FFL has the option (but not a requirement) to proceed with the sale, provided he or she has no reason to believe the buyer is prohibited. This is known as a default transfer.
The system is structured this way not because of some inadvertent loophole but as an intentional safeguard to protect Americans’ constitutional right to obtain firearms.
More:
https://www.nraila.org/articles/20210315/us-house-bows-to-biden-passes-legislation-to-cancel-your-right-to-obtain-a-firearm