Friday Round-Up – State and Federal Background Check Legislation

Friday Round-Up.  Here’s a look at what’s happening in the world of background checks:

Federal News and Legislation

Background Checks

  • On April 10th, Sen. Pat Toomey (R-PA) and Sen. Joe Manchin (D-WV) announced a proposed amendment to S. 649 , which would require background checks for allcommercial sales of guns. The proposed amendment would require criminal history background checks to be performed within two days for purchases conducted at gun shows and within three days for all other commercial sales.


  • On March 21st, Rep. Todd Rokita (R-IN) introduced H.R. 1381, which would amend the Internal Revenue Code to allow for a credit against taxes paid for elementary and secondary education tuition. Under the bill, the credit would only be available to schools that comply with all State laws, including those relating to criminal history background checks of employees.

  • On March 21st. Rep. Raul Grijalva (D-AZ) introduced H.R. 1351, which would create a Public Land Service Corps to provide service opportunities for young Americans. Under the bill, any individual 18 years or older applying to become a Corps participant would be required to undergo a criminal history background check.

  • On March 20th, Sen. Richard Burr (R-NC) introduced S. 624, which would amend the Child Care and Development Block Grant Act to require criminal history background checks for child care providers. Under the bill, the check for child care providers would include state background checks as well as checks through the National Criminal Background Check System.

State News and Legislation:

Background Checks

  • On April 8th, the Oklahoma legislature sent S.B. 244 to Governor Mary Fallin (R), which would exempt teachers from mandatory background checks if the teacher has undergone a criminal history check in the last five years and remains in good standing.

  • On March 28th, the Arkansas House passed H.B. 1691, which would allow healthcare providers to employ individuals previously disqualified from such jobs due to criminal histories uncovered during criminal history background checks. The bill would enable service providers to send a written notice to the licensing agency explaining that the prospective employee’s crime was a specified non-violent offense, which may be exempted at the discretion of the employer.