Congressman Dan Goldman, Senator Cory Booker Introduce ‘Preventing Pretrial Gun Purchases Act’ to Address Vulnerabilities within the Federal Background Check System
Lag in Background Check Reporting Means Those on Pre-Trial Release Are Oftentimes Still Able to Buy Firearms, Despite Court Prohibition
Read the Bill Here
Washington, DC – Congressman Dan Goldman (NY-10) and Senator Cory Booker (D-NJ) introduced the ‘Preventing Pretrial Gun Purchases Act,’ which would address flaws in the background check process and keep firearms out of the hands of individuals that courts determine pose a risk of harm to others. Senator Booker introduced the companion bill in the Senate.
Current federal law requires licensed gun dealers to conduct a background check of a firearm buyer through the National Instant Criminal Background Check System (NICS) before completing a sale to ensure that the buyer is not a prohibited purchaser. Yet, the differences between various state and federal background check processes have exposed dangerous vulnerabilities in the system that put Americans at risk. One vulnerability is that jurisdictions are unable to effectively and accurately report the pretrial status of individuals who, as a condition of their pretrial release, are prohibited by a court from purchasing or possessing a firearm.
"I'm proud to stand with Senator Cory Booker and jointly introduce the Preventing Pretrial Gun Purchases Act, which will close a loophole in the background check process by flagging anyone on pretrial release who is not permitted to purchase a gun,” Congressman Dan Goldman said. “We must fight the gun violence epidemic from every angle and ensuring that those who are not permitted to possess a gun cannot legally buy one is a critical commonsense step towards keeping our communities safe.”
Senator Cory Booker said, “When there are individuals who we know pose a risk to public safety, we must ensure they can’t buy a gun and potentially harm or end someone’s life. This legislation will address a dangerous gap in our background check system and ensure that individuals who are prohibited from having firearms don’t walk into a gun store and buy one. Nearly every community in our country has been touched by gun violence, and this legislation will help protect Americans.”
The Preventing Pretrial Gun Purchases Act would:
Amend federal law to deny firearm sales to any person subject to a pretrial release court order that prohibits the person from purchasing, possessing, or receiving guns while awaiting trial.
Prohibit any person from knowingly selling or disposing of a gun to individuals who fall in this category.
Authorize $25 million in additional funding to be made available to states to pay for timely and accurate reporting of pretrial orders involving firearms restrictions to NICS
The Preventing Pretrial Gun Purchases Act has been endorsed by Everytown for Gun Safety, Newtown Action Alliance, Brady: United Against Gun Violence, and GIFFORDS.
The ‘Preventing Pretrial Gun Purchases Act’ is cosponsored by Majority Whip Dick Durbin (D-IL), Senator Richard Blumenthal (D-CT), and Representatives Gabe Amo (RI-01), Adriano Espaillat (NY-13), Jahana Hayes (CT-05), Seth Magaziner (RI-02), Eleanor Holmes Norton (DC-AL), Delia Ramirez (IL-03), Adam Schiff (CA-30), and Rashida Tlaib (MI-12).
Congressman Dan Goldman is committed to protecting our children, families, and communities by ensuring firearms do not end up in the hands of potentially dangerous individuals.
In August of 2023, Goldman cosponsored a package of legislation that both establishes a federal “red flag” program and strengthens state and local efforts to support the implementation of extreme risk protection order laws and the ‘End Gun Violence Act’ to prohibit individuals convicted of a violent misdemeanor from purchasing handguns or ammunition for five years after conviction.
Earlier this week, the Congressman also cosponsored the ‘Bolstering Security Against Ghost Guns Act’ to enhance the United States Department of Homeland Security’s response to the threat posed by unserialized and untraceable firearms that can be bought online and easily assembled at home without having to pass a background check.
Additionally, Goldman supports the ‘Gun Trafficker Detection Act,’ which would require gun owners to report if their privately-owned gun is lost or stolen within 48 hours and help law enforcement identify potential gun traffickers.
Congressman Goldman is a Vice Chair of the House Gun Violence Prevention Task Force and is Chair of the Dads Caucus Gun Violence Prevention Working Group.
###