Explore The NRA Universe Of Websites

APPEARS IN News

H.R. 1384: The Firearms Commerce Modernization Act

Thursday, May 25, 2006

H.R. 1384, introduced by Rep. Phil Gingrey (R-Ga.), would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968:

  • Virtually all interstate transfers directly between private citizens are banned; so are nearly all interstate handgun sales by licensed dealers.
  • Firearms dealers may only do business at their licensed premises or (since 1986) at gun shows in their own state.
  • Dealers may not even transfer firearms to one another face to face, away from their business premises.

These restrictions originated with the Gun Control Act of 1968, which only allowed licensed dealers to sell rifles and shotguns to residents of a different state under a lengthy series of conditions. First, the buyer`s state had to have a law allowing such transactions.[1] Second, the transaction had to comply with the state law in both the buyer`s and seller`s states. Third, the dealer had to notify the chief law enforcement officer in the buyer`s state, and wait for evidence that the officer had received the notification. Finally, the dealer had to wait seven days after receiving the notice before completing the transfer.

These restrictions were supposed to prevent buyers from evading the few "background checks" available at the time, which were mostly carried out via state laws requiring local police chiefs to issue firearms permits.

In the 1980s, the Congress revisited these restrictions during the debate over the Firearms Owners` Protection Act (FOPA). As the Senate Judiciary Committee`s report on FOPA put it, the 1968 interstate sales provisions were "so cumbersome that they [were] rarely used."[2] When the Congress passed FOPA in 1986, it did away with the state authorization, notification and waiting period requirements. Federal law now allows dealers to make interstate rifle and shotgun sales, as long as (a) the buyer meets in person with the dealer, and (b) the transaction complies with the laws of both the buyer`s and the seller`s states.[3]

Since 1998, however, all people buying firearms from dealers in the U.S. have been subject to computerized background checks under the FBI`s National Instant Criminal Background Check System (NICS), either by the dealer contacting NICS (directly or through a state "point of contact" agency) or by the buyer presenting a state firearms permit issued after a NICS check. Any of these systems are far more advanced than anything available in 1968.

H.R. 1384 is a common sense measure that takes advantage of these technological improvements to further reduce restrictions on law-abiding citizens. Under H.R. 1384:

  • Individuals could buy handguns, as well as rifles or shotguns, from licensed dealers in another state, subject to the background check requirement. The buyer and dealer would still have to meet in person and comply with the laws of both states.
    • Example 1: A buyer from Texas visits a gun store in Oklahoma and wants to buy a handgun. Neither Texas nor Oklahoma have any special state permit or other purchase requirements; dealers in both states contact the FBI directly for NICS checks. The Oklahoma dealer could make the sale to the Texan exactly as he could to an Oklahoman, by contacting the FBI for a NICS check. (This is the same procedure an Oklahoma store would currently use to sell a long gun to a Texan.)
    • Example 2: A buyer from Nebraska visits a gun store in Wyoming and sees a handgun he wants to add to his collection. Nebraska requires a handgun buyer to have a "certificate" issued by his local sheriff or police chief after a background check. Wyoming has no state permit requirement, but the dealer still has to request a NICS check by contacting the FBI. The dealer would have to make sure the buyer has the Nebraska certificate, and also contact NICS.
  • Dealers could engage in their business at gun shows in other states, but would have to comply with the laws in the state where the gun show takes place.
    • Example 3: A dealer from Arkansas exhibits at a gun show in Illinois. Illinois requires all gun buyers to present a Firearms Owners` ID (FOID) card, and requires all dealers to contact the Illinois State police to request a background check on the buyer. Illinois also has a 24-hour waiting period for long guns, and a 72-hour waiting period for handguns. Before transferring any firearm at the show, the Arkansas dealer would have to review the buyer`s FOID card, contact the Illinois State Police for the background check, and wait the appropriate period of time based on the type of gun involved.
  • Some state laws may be so complex that they would prevent interstate transactions. The 1984 committee report on FOPA recognized this problem, noting "where a dealer feels uncertain about the requirements of the law of the state of the purchaser`s residence, he may "decline to make a sale to such person."[4] H.R. 1384 does not override the laws of any state.
  • Finally, H.R. 1384 would reduce theft and loss of firearms during shipment between dealers. BATFE`s longstanding interpretation of the Gun Control Act generally forbids licensed dealers from transferring firearms directly to other licensed dealers, face to face, away from their licensed premises.[5] Even though the dealers have already had a thorough background check, under the current interpretation, dealers who agree on a sale are forced to return to their business premises and ship firearms to each other by common carrier, which always involves some risk of theft or loss. H.R. 1384 would allow a face-to-face exchange instead.

[1] At least 31 states passed such laws. Though the laws are now obsolete, 30 states still have them on the books.

[2] S. Rep. No. 98-583, at 10 (1984). There was no report on FOPA in 1986; the report is on an earlier version that included the same language.

[3] 18 U.S.C. "922(b)(3." Dealers are presumed to have knowledge of state laws; the Bureau of Alcohol, Tobacco, Firearms and Explosives also provides dealers with an annual guidebook.

[4] S. Rep. No. 98-583, at 11.

[5] See, e.g., letter from Bradley A. Buckles, Director, Bureau of Alcohol, Tobacco and Firearms, to Rep. Jim Kolbe (Sept. 28, 2000). The only exception, due to a 1996 amendment to the Gun Control Act, is for "curios or relics" firearms "of special interest to collectors" due to their age, rarity, or historical importance. 18 U.S.C. "923(j); 27 C.F.R." 478.11.

IN THIS ARTICLE
Handguns Gun Shows
TRENDING NOW
Let My Cans Go: Trump Administration Adds Sound Suppressors to Export Reform

News  

Monday, July 27, 2026

Let My Cans Go: Trump Administration Adds Sound Suppressors to Export Reform

Eight years ago, NRA filed comments in support of the Trump Administration’s plan to reform exports of firearms and ammunition – as well as their parts, components, and accessories. 

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

“Hell, No!” to Beto 2.0

News  

Monday, July 27, 2026

“Hell, No!” to Beto 2.0

Remember “Beto” O’Rourke and his runs for political office, hellbent on gun control?  

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

Wednesday, July 29, 2026

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, the court today entered an order memorializing the parties’ agreement to stay the case until after the U.S. Supreme Court issues ...

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

Friday, July 24, 2026

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, Maryland Shall Issue, California Rifle & Pistol Association, Minnesota Gun Owners Caucus, Second Amendment Law Center, Citizens Committee for the Right to Keep and Bear Arms, ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

Grassroots Spotlight: NRA 2A Day at Target Center, San Juan, Puerto Rico

Take Action  

Monday, July 27, 2026

Grassroots Spotlight: NRA 2A Day at Target Center, San Juan, Puerto Rico

NRA–ILA FrontLines activist Carmen Fontanez, held her most recent “NRA 2A Day” event in Puerto Rico, at Target Center in San Juan. 

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

NRA Files Amicus Brief Urging Indiana Supreme Court to Protect Associational Standing

Tuesday, July 28, 2026

NRA Files Amicus Brief Urging Indiana Supreme Court to Protect Associational Standing

The National Rifle Association joined a coalition of 23 nonprofit organizations, led by the ACLU of Indiana, in filing an amicus brief urging the Indiana Supreme Court to recognize the doctrine of associational standing. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.