The Bipartisan Safer Communities Act is a United States federal law, passed during the 117th United States Congress. It implemented several changes to the mental health system, school safety programs, and gun control laws. Gun control laws in the bill include extended background checks for firearm purchasers under the age of 21, clarification of Federal Firearms License requirements, funding for state red flag laws and other crisis intervention programs, further criminalization of arms trafficking and straw purchases, and partial closure of the boyfriend loophole. It was the first federal gun control legislation enacted in 30 years.
The bill was introduced by Senator Marco Rubio (R–FL) on October 5, 2021, as an unrelated bill, then modified by an amendment by Senator Chris Murphy (D–CT) on June 21, 2022, and signed into law by President Joe Biden on June 25, 2022.
Legislative history
Background
The bill was introduced in the Senate as an unrelated bill (S. 2938) by Senator Marco Rubio (R–FL) on October 5, 2021: it designated the Federal Building and United States Courthouse located at 111 North Adams Street in Tallahassee, Florida, as the Joseph Woodrow Hatchett United States Courthouse and Federal Building. It passed the Senate on December 9, 2021, with a unanimous consent and went to the House of Representatives, where it passed on May 18, 2022, with a 230–190 vote, with Representative Chip Roy (R–TX) voting present.
House passage of gun-safety legislation
After two deadly mass shootings in May 2022—the shooting massacre at a Tops supermarket in Buffalo, New York and the Robb Elementary School shooting—the Democratic-majority House (on a near party-line vote) passed a package of gun-safety bills, including a safe storage bill and bills to increase in the minimum age to buy semi-automatic rifles to 21, ban "large-capacity magazines" (magazines holding more than 10-15 rounds also known as standard capacity magazines), and to establish "universal background checks." However, these bills were not taken up by the more divided Senate, which was evenly split between the parties.
Negotiations in the Senate over narrower bill
On May 24, 2022, Senator Kyrsten Sinema met with Senate Minority Leader Mitch McConnell and Senate Minority Whip John Thune for advice on which Republican senators would be willing to negotiate a gun control bill. They directed her to Senators John Cornyn and Thom Tillis. Thirty minutes later, Senator Chris Murphy texted Sinema to join the negotiation, as Murphy had been one of the Senate's most prominent gun control advocates since the Sandy Hook Elementary School shooting in his state in 2012. Cornyn, Murphy, Sinema, and Tillis began negotiations the next day.
McConnell attributed Republican support of negotiations to a willingness of Democrats to avoid more controversial gun control measures and to include Republican-backed measures such as school safety and mental health support. McConnell supported the negotiations, as did Senate Majority Leader Chuck Schumer, with both Senate leaders pursuing a hands-off strategy of trusting their respective senators to reach a deal that would be agreeable with the party. Senator Susan Collins proposed a criminal statute against straw purchases that was included in the final bill. The National Rifle Association was also involved in negotiations, though it opposed the final bill.
On June 12, a group of 10 Democrats and 10 Republicans came to an agreement on a framework outlining the provisions of the bill. Provisions regarding red flag laws and the boyfriend loophole were contentious during Senate negotiations, and Cornyn walked out during talks on June 16. The text of the Bipartisan Safer Communities Act was released on June 21.
Enactment
On June 21, Murphy introduced the Bipartisan Safer Communities Act as an amendment to S. 2938, which had already passed committee and had been pending in the Senate. Schumer brought the revised bill to the floor and the amendment was approved by a Senate vote of 64–34. The bill was passed by the Senate on June 23 by a vote of 65–33, with 15 Republicans voting in favor alongside all 50 Democrats. The bill was passed by the House on June 24 by a vote of 234–193, with 14 Republicans voting in favor alongside all 220 Democrats. The bill was signed into law by President Joe Biden on June 25, 2022. It was the first major federal gun legislation to be passed since the Federal Assault Weapons Ban of 1994.