Thursday, March 11, 2021

Congress Must Close the Charleston Loophole Update

Current Law provides just Three Days for Officials to complete a Background Check for a Gun Sale, the Charleston Loophole. If the Check is Not Concluded in that Three Day Period, the Purchase may Proceed. Due to an Error in the Paperwork, which may have been Intentional, the Background Check for the Killer of the Emanuel-9 was Delayed and he got his .45 Caliber Glock.

There is Strong, Bipartisan Public Support, 80%, to Close this Loophole and the "Enhanced Background Checks Act of 2021 (HR 1446)" does that. And a Winthrop University Poll found the Support, included among many Gunowners.

Today, 90% of Background Checks are completed within Minutes, and 97% are done within Three days. This Legislation gives Law Enforcement Agencies the time needed to Complete the Small number of Background Checks that may, for whatever reason, be more complicated:

- 10 Business days after a Petition by the Customer is filed.

- When an Answer was Not received, Customer must Submit an Electronic Petition for Feview to the U.S. Attorney General Certifying that there is No Reason for them to believe that they wouldn’t Pass the Background Check.

- If there is still No Answer 10 business days after the Customer’s Petition was filed, the Firearm may be Transferred.

Evidence shows that Sales occurring with Incomplete Background Checks are Four times more likely to involve a Prohibited Purchaser. In an average year, about 4,000 Prohibited Purchasers slip through the Loophole. That number exploded to an estimated 7,500 last year.

Last year, Majority Leader Mitch McConnell (R-KY) buried it in his graveyard in the 116th Congress and Republicans seem poised to subject it to a similar fate in this, the 117th Congress.


The House Voted, 227 to 203 on a Measure to Expand Background Checks to nearly All Gun Sales. Eight Republicans supported the Bill, while One Democrat Opposed it.

The House separately Voted to Extend Background Checks. The House Vote was 219-210, also mostly along Party Lines, with Two Republicans Voting in Favor and Two Democrats Against.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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