A House Democrat this week proposed legislation aimed at ensuring private gun sellers examine the background of their buyers, by exposing them to more liability if they don’t.
Rep. Don Beyer, D-Va., introduced his bill Wednesday to change current federal law, which he says makes it too easy for gun owners to sell guns that can make their way to criminals.
The bill is another possible sign of the types of legislation Democrats will pursue in the House once they have the majority in 2019.
Under current law, private gun sellers are prohibited from selling to prohibited buyers. But to prosecute those sellers, it must be proven that they didn’t know the buyer was disqualified from buying the weapon.
“Since private gun sales don’t require a background check, private sellers are able to claim they did not know the buyer was prohibited from possessing a gun,” according to a summary of Beyer’s bill.
“A private seller who violates this law is only slightly more likely to be prosecuted for selling a gun to a prohibited buyer than they are to be attacked by an alligator,” the summary said.
Beyer’s legislation would change the law so people can be prosecuted regardless of whether they knew the buyer was unauthorized. “It’s a crime regardless of whether the person knew,” the summary said.
Beyer says the point of the bill isn’t to prosecute gun sellers, but give them an incentive to first verify whether a buyer is authorized. If a seller shows the National Instant Criminal Background Check System verified a buyer, they would be at no risk of prosecution.
Another way to avoid prosecution is to ensure the seller has a valid concealed carry permit from the state in which the sale takes place. Beyer said it should be easy for gun sellers to comply with these changes.
“In the U.S. there are more Federal Firearm Licensees than there are McDonalds,” the summary said. “And most will facilitate a private party transfer with background check for a nominal fee (usually around $30).”
[Also read: Dick’s Sporting Goods admits suffering gun policy backlash as sales slide]
