Bipartisan Background Checks Act of 2025
- Sponsor
- Rep. Thompson, Mike [D-CA-4]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 10, 2025
Bottom line
H.R. 18 requires universal background checks for nearly all firearm sales and transfers, closing existing loopholes while providing specific exemptions for family and temporary uses.
What it actually does
This bill mandates that all private firearm transfers between unlicensed individuals must be facilitated by a licensed importer, manufacturer, or dealer (FFL). The FFL would then conduct a background check on the transferee as if it were a sale from their own inventory. The bill includes specific exemptions for transfers between immediate family members, temporary transfers for self-defense, and temporary transfers for supervised activities like hunting or target shooting.
Proponents argue
Supporters argue that this bill is a crucial step to reduce gun violence by ensuring that individuals prohibited from owning firearms cannot obtain them through private sales. They contend it closes dangerous loopholes in existing law, utilizing the established NICS system to keep firearms out of the hands of criminals and dangerous individuals, while carefully crafting exemptions to protect common, safe practices.
Opponents contend
Critics contend that this bill infringes upon the Second Amendment rights of law-abiding citizens by imposing unnecessary burdens and costs on private firearm transfers. They argue it will not deter criminals, who will continue to acquire firearms illegally, and that it could lead to a de facto national gun registry, despite explicit disclaimers in the bill.
The bill is concise and clearly structured, allowing for a quick and thorough understanding of its core provisions and exemptions.
Section 3(a), amending 18 U.S.C. 922(aa)(1)(A)
Universal Background Check Requirement for Transfers
This provision makes it unlawful for any person who is not a licensed firearm dealer to transfer a firearm to another unlicensed person, unless a licensed dealer first takes possession of the firearm. The licensed dealer must then comply with all background check requirements as if they were selling the firearm from their own inventory to the transferee.
Supporters argue
Proponents argue this provision closes the 'private sale loophole,' which allows individuals prohibited from owning firearms to acquire them without a background check. They contend it is a critical measure to prevent gun violence by ensuring all transfers go through the established NICS system.
Critics contend
Opponents argue this provision places an undue burden on law-abiding citizens, requiring them to involve a third party and potentially pay fees for private transactions. They assert it infringes on Second Amendment rights and will not deter criminals who obtain firearms through illicit channels.
Tradeoffs
This provision balances the goal of preventing firearms from reaching prohibited individuals with concerns about the practical burden and constitutional rights of law-abiding citizens engaging in private transactions.
Section 3(a), amending 18 U.S.C. 922(aa)(2)
Exemptions from Universal Background Check Requirement
This section outlines specific circumstances under which the universal background check requirement does not apply. These include transfers to law enforcement or military personnel acting in official duties, bona fide gifts or loans between immediate family members (spouses, parents/children, siblings, etc.), transfers by operation of law (e.g., inheritance), temporary transfers necessary to prevent imminent death or bodily harm, and temporary transfers for supervised activities like hunting or target shooting.
Section 3(a), amending 18 U.S.C. 922(aa)(3)
FFL Notice and Certification Requirement
This provision requires licensed firearm dealers (FFLs) to provide a notice of the new background check requirement to any unlicensed person receiving a firearm through their services. The FFL must also obtain certification from that person that they have received this notice, on a form prescribed by the Attorney General.
Section 3(d)
Effective Date
This provision stipulates that the amendments made by the Act, specifically the new requirements for firearm transfers and related provisions, will take effect 180 days after the date the Act is enacted into law.
This section explicitly states that nothing in the Act shall be construed to authorize the establishment of a national firearms registry, directly or indirectly, or to interfere with a State's authority to enact its own laws on the same subject matter.
Section 3(c)
Why it matters:This is standard legislative practice to clarify congressional intent and address common political and constitutional concerns. It aims to preempt arguments about federal overreach and national registries, which are significant points of contention in gun control debates.
Case for: Proponents argue that this language directly addresses a primary concern of gun rights advocates regarding a national firearms registry, making it clear that the bill does not create one. It also reaffirms states' rights to legislate on firearms, potentially easing federalism concerns.
Case against: Opponents might argue that despite the explicit disclaimer, requiring all private transfers through FFLs inherently creates a de facto registry of transactions, as FFLs maintain records. They may view this clause as a rhetorical gesture rather than a substantive safeguard against future federal action.
Estimated impact: This provision clarifies the legal and political boundaries of the bill, potentially influencing public perception and legal challenges by explicitly disclaiming certain federal powers and affirming state authority.