Background Check Point of Contact Act of 2023
If enacted, this bill could significantly affect state laws governing firearm sales by mandating the establishment of point-of-contact systems. States that receive funding under this bill must conform their laws to establish a mechanism for verifying whether a sale is lawful, thereby centralizing and streamlining the process of enforcing background checks. This could lead to narrower gaps in the existing background check system and increase compliance among states that may previously not have maintained such systems.
House Bill 4159, titled the Background Check Point of Contact Act of 2023, is designed to establish a grant program through the Department of Justice to encourage states to implement point-of-contact systems for firearm sales that include background checks. The bill authorizes annual grants of up to $1,000,000 to states that comply with its requirements for maintaining such systems. The program aims to ensure that firearm transactions are conducted lawfully and to promote public safety by preventing firearms from getting into the hands of individuals who are legally prohibited from obtaining them.
Notably, the bill stipulates that a point-of-contact system cannot issue an approval for a firearm sale if it cannot confirm the transaction's legality, which raises concerns about the operational implications for both sellers and buyers. Furthermore, the requirement for states to report denial cases and the establishment of an appeals process for failed transactions could generate debates regarding the adequacy of resources for law enforcement agencies to investigate denied approvals. Opponents of the legislation may argue that it creates additional burdens on legal gun sales and could infringe on Second Amendment rights.