FACT SHEET: RESPONSIBLE TRANSFER OF FIREARMS ACT

As recent, high-profile tragedies have shown, the gun laws in our country have done little to stem
senseless gun violence. These numbing incidents in urban, rural, and suburban communities are
made worse by the lack of accountability in those instances where the tragedy might have been
avoided. As a result, innocent lives are lost, leaving shattered families and communities behind.
The Responsible Transfer of Firearms Act provides the ability to bring some measure of
accountability for the violence that continues to plague our communities. It would hold a seller
or transferor of firearms criminally liable should any of their transactions fall into the wrong
hands.

As it stands, criminal liability applies only if the seller know[s] or has reasonable
cause to believe that the buyer falls under any of the prohibited categories.
o Among those prohibited, the statute includes persons under indictment or who
have been convicted of a crime; fugitives from justice; unlawful users or addicts
of controlled substances; those with certain mental illnesses or committed to any
mental institution; undocumented immigrants; those dishonorably discharged
from the Armed Forces; citizens who have renounced their citizenship; and
individuals subject to a court order for harassment or stalking, or those convicted
for domestic violence.
o This standard makes it difficult to hold people responsible if they sell or transfer a
firearm to someone who is barred by federal law from possessing firearms
because it requires proof that they knew the buyer was prohibited under the law.

The Responsible Transfer of Firearms Act would increase the responsibility of the seller
or transferor to take affirmative, reasonable steps to determine that the potential buyer is
not prohibited from legally purchasing a gun. In fact, absent a showing the transferor has
taken reasonable steps, liability may attach to any transaction, whether by a federally
licensed dealer or a private sale.

Ultimately, efforts to reduce gun violence must focus on multiple solutions. But this act
is a step in the right direction.