WASHINGTON, D.C. –  Today, U.S. Senator Cory Booker (D-NJ) and U.S. Representative Dan Goldman (D-NY-10) reintroduced the Preventing Pretrial Gun Purchases Act, legislation that 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. 

Current federal law requires licensed gun dealers to conduct a background check using the National Instant Criminal Background Check System (NICS) before completing a sale to ensure a buyer is not a prohibited purchaser. Yet, because state and federal background check processes can vary, jurisdictions cannot effectively and accurately report individuals who have been prohibited by a court from purchasing or possessing a firearm as a condition of their pretrial release.

“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.”

"Improving our background check system and closing loopholes that allow unfit individuals to access firearms is one of the most effective steps we can take to address America’s tragic gun violence crisis," said Congressman Goldman. "I am proud to jointly reintroduce the ‘Preventing Pretrial Gun Purchases Act’ with Senator Booker, 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."

“Background checks have proven to be an effective way to prevent gun deaths and keep our communities safe,” said Senator Padilla. “This bill is a commonsense step to ensure dangerous individuals cannot legally buy a gun while awaiting trial. I will keep fighting to strengthen background checks and protect families from the devastating toll of gun violence.”

“Support for universal background checks is nearly unanimous among Americans, but when background checks have misguided loopholes, firearms can still fall into the hands of someone dangerous to themselves or others,” said Senator Durbin. “I’m joining Senator Booker to introduce the Preventing Pretrial Gun Purchases Act, which is much needed, commonsense legislation to strengthen background checks.”

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 the following organizations: Everytown for Gun Safety, Newtown Action Alliance, Brady Center to Prevent Gun Violence, and Giffords Law Center to Prevent Gun Violence.

This legislation is cosponsored by U.S. Senators Richard Blumenthal (D-CT), Alex Padilla (D-CA), and Democratic Whip Dick Durbin (D-IL). 

To read the full text of the bill, click here.