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Rep. Dan Goldman Introduces Bill to Close Loopholes Allowing Pre-Trial Defendants to Access Firearms

July 11, 2025
Delays in Background Check Reporting Mean Those on Pre-Trial Release Are Oftentimes Still Able to Buy Firearms Despite Court Prohibition
 
Patchwork State Background Check Laws Create Dangerous Loopholes for Gun Purchases 

 
Read the Bill Here 

 
 
Washington, DC – Congressman Dan Goldman (NY-10) today introduced the ‘Preventing Pretrial Gun Purchases Act,’ a bill that would close a critical loophole in the federal background check system and prevent individuals on pretrial release who are deemed a public safety risk from obtaining firearms. Senator Cory Booker (NJ-D) has introduced a companion bill in the Senate. 
 
"Improving our background check system and closing loopholes that allow potentially dangerous individuals to access firearms is a commonsense step we can take to address America’s tragic gun violence crisis," Congressman Dan Goldman said. "I am proud to be jointly re-introducing the Preventing Pretrial Gun Purchases Act in the House, which will close a dangerous loophole in our background check system by flagging individuals on pretrial release who are legally barred from purchasing firearms as a condition of their release. Congress must stop twiddling our thumbs and start taking decisive steps to close these deadly loopholes and prevent weapons from falling into the wrong hands." 
 
Senator Cory Booker said, “We must close the existing loopholes in the background check system, especially when individuals who are known risks to public safety are still able to buy a firearm,” said Senator Booker. “This legislation will ensure that individuals subject to a pretrial release court order cannot walk into a gun store and buy one. We must act to close the dangerous gaps in our background check system so we can save lives and keep our communities safe.” 
 
Current federal law requires licensed gun dealers to conduct a background check of a firearm buyer using the National Instant Criminal Background Check System (NICS) to ensure that the buyer is not legally prohibited from purchasing a firearm. Unfortunately, differences between various state and federal background check processes have exposed numerous vulnerabilities in this system. 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.  
 
The Preventing Pretrial Gun Purchases Act would: 

 
  • Amend federal law to prevent firearm sales to any person subject to a pretrial releasecourt order that prohibits the person from purchasing to possessing a firearm before trial.  
  • Prohibit any person from providing firearms to individuals in this category. 
  • Provide $25 million in funding to aid states in paying for timely and accurate reporting of pretrial orders involving firearms restrictions to NICS 
 
 
The Preventing Pretrial Gun Purchases Act has been endorsed by Brady: United Against Gun Violence, Everytown for Gun Safety, and GIFFORDS. 
 
Congressman Dan Goldman remains committed to protecting families and communities by ensuring firearms do not end up in the hands of those who pose a threat to public safety. He is currently the Vice-Chair of the Gun Violence Prevention Task Force. 
 
In April of this year, Congressman Goldman reintroduced the ‘Prioritizing Resources forOutreach, Safety, Violence Prevention, Youth Empowerment and Resilience’ (PROSPER) Act. This legislation would invest in community-based organizations that focus on gun violence intervention and prevention. The bill is intended to ensure these organizations have the support and resources they need to curb gun violence in their local communities. 
 
In January of 2024, the Congressman also cosponsored the ‘Bolstering Security Against Ghost Guns Act’ to strengthen the United States Department of Homeland Security’s response to the growing threat of untraceable firearms, which can be bought online without a background check. 
 
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