Which states have closed or limited the Charleston Loophole?
23 states have adopted this policy
Charleston Loophole Closed or Limited
Alabama has not adopted this policy
Charleston Loophole Closed or Limited
Alaska has not adopted this policy
Charleston Loophole Closed or Limited
Arizona has not adopted this policy
Charleston Loophole Closed or Limited
Arkansas has not adopted this policy
Charleston Loophole Closed or Limited
California has adopted this policy
- What does the state law require?
- 10-day waiting period for all firearm sales; extends time for background check to 30 days.
Charleston Loophole Closed or Limited
Colorado has adopted this policy
- What does the state law require?
- Dealer may not transfer firearm until background check is complete.
Charleston Loophole Closed or Limited
Connecticut has adopted this policy
- What does the state law require?
- Extends time for background check to 60 days
Charleston Loophole Closed or Limited
Delaware has adopted this policy
- What does the state law require?
- Extends time for background check to 25 days
Charleston Loophole Closed or Limited
Florida has adopted this policy
- What does the state law require?
- Dealers may not transfer gun until 3 business days have elapsed from purchase, or until background check is complete, whichever occurs later.
Charleston Loophole Closed or Limited
Georgia has not adopted this policy
Charleston Loophole Closed or Limited
Hawaii has adopted this policy
- What does the state law require?
- Permit to purchase not issued earlier than 14 days after application and authorities have up to 20 days to issue or deny permit.
Charleston Loophole Closed or Limited
Idaho has not adopted this policy
Charleston Loophole Closed or Limited
Illinois has adopted this policy
- What does the state law require?
- Authorities have 30 days to issue or deny application for permit, required to purchase any firearm.
Charleston Loophole Closed or Limited
Indiana has not adopted this policy
Charleston Loophole Closed or Limited
Iowa has not adopted this policy
Charleston Loophole Closed or Limited
Kansas has not adopted this policy
Charleston Loophole Closed or Limited
Kentucky has not adopted this policy
Charleston Loophole Closed or Limited
Louisiana has not adopted this policy
Charleston Loophole Closed or Limited
Maine has not adopted this policy
Charleston Loophole Closed or Limited
Maryland has adopted this policy
- What does the state law require?
- Authorities have 30 days to issue or deny application for permit to purchase a handgun; 7-day waiting period required for sales of certain firearms.
Charleston Loophole Closed or Limited
Massachusetts has adopted this policy
- What does the state law require?
- Authorities have 40 days to issue or deny permits to purchase firearms.
Charleston Loophole Closed or Limited
Michigan has not adopted this policy
Charleston Loophole Closed or Limited
Minnesota has adopted this policy
- What does the state law require?
- Requires a 30-day waiting period for dealer sales of handguns and semiautomatic military-style assault weapons (can be waived after purchaser determined not to be prohibited); authorities also have 30 days to issue or deny an application for permits to purchase firearms
Charleston Loophole Closed or Limited
Mississippi has not adopted this policy
Charleston Loophole Closed or Limited
Missouri has not adopted this policy
Charleston Loophole Closed or Limited
Montana has not adopted this policy
Charleston Loophole Closed or Limited
Nebraska has not adopted this policy
Charleston Loophole Closed or Limited
Nevada has not adopted this policy
Charleston Loophole Closed or Limited
New Hampshire has not adopted this policy
Charleston Loophole Closed or Limited
New Jersey has adopted this policy
- What does the state law require?
- Authorities have 30 days to issue or deny an application for permits to purchase firearms
Charleston Loophole Closed or Limited
New Mexico has adopted this policy
- What does the state law require?
- Requires 7-day waiting period for all firearms; extends time for background check to 20 days
Charleston Loophole Closed or Limited
New York has adopted this policy
- What does the state law require?
- Extends time for background check to 30 days.
Charleston Loophole Closed or Limited
North Carolina has adopted this policy
- What does the state law require?
- Authorities have 14 days to issue or deny an application for a permit to purchase a handgun.
Charleston Loophole Closed or Limited
North Dakota has not adopted this policy
Charleston Loophole Closed or Limited
Ohio has not adopted this policy
Charleston Loophole Closed or Limited
Oklahoma has not adopted this policy
Charleston Loophole Closed or Limited
Oregon has adopted this policy
Charleston Loophole Closed or Limited
Pennsylvania has adopted this policy
- What does the state law require?
- Extends time to complete background check to 10 days.
Charleston Loophole Closed or Limited
Rhode Island has adopted this policy
- What does the state law require?
- Requires 7-day waiting period for all firearms
Charleston Loophole Closed or Limited
South Carolina has not adopted this policy
Charleston Loophole Closed or Limited
South Dakota has not adopted this policy
Charleston Loophole Closed or Limited
Tennessee has adopted this policy
- What does the state law require?
- Authorities deny sales if prospective purchaser charged with crime that would prohibit them from firearm possession, even if final disposition is not available to background check operator.
Charleston Loophole Closed or Limited
Texas has not adopted this policy
Charleston Loophole Closed or Limited
Utah has adopted this policy
- What does the state law require?
- Dealer may not transfer firearm until background check is complete.
Charleston Loophole Closed or Limited
Vermont has adopted this policy
- What does the state law require?
- Extends time for background check to 7 business days
Charleston Loophole Closed or Limited
Virginia has adopted this policy
- What does the state law require?
- Extends time to complete background check to 5 days.
Charleston Loophole Closed or Limited
Washington has adopted this policy
- What does the state law require?
- Dealer may not transfer firearm until background check is complete.
Charleston Loophole Closed or Limited
West Virginia has not adopted this policy
Charleston Loophole Closed or Limited
Wisconsin has adopted this policy
- What does the state law require?
- Dealers must wait 5 business days to transfer handgun if authorities have not resolved the background check.
Charleston Loophole Closed or Limited
Wyoming has not adopted this policy
Charleston Loophole Closed or Limited
| Policy adopted? | What does the state law require? |
|---|---|
| Alabama | — |
| Alaska | — |
| Arizona | — |
| Arkansas | — |
| California | 10-day waiting period for all firearm sales; extends time for background check to 30 days. |
| Colorado | Dealer may not transfer firearm until background check is complete. |
| Connecticut | Extends time for background check to 60 days |
| Delaware | Extends time for background check to 25 days |
| Florida | Dealers may not transfer gun until 3 business days have elapsed from purchase, or until background check is complete, whichever occurs later. |
| Georgia | — |
| Hawaii | Permit to purchase not issued earlier than 14 days after application and authorities have up to 20 days to issue or deny permit. |
| Idaho | — |
| Illinois | Authorities have 30 days to issue or deny application for permit, required to purchase any firearm. |
| Indiana | — |
| Iowa | — |
| Kansas | — |
| Kentucky | — |
| Louisiana | — |
| Maine | — |
| Maryland | Authorities have 30 days to issue or deny application for permit to purchase a handgun; 7-day waiting period required for sales of certain firearms. |
| Massachusetts | Authorities have 40 days to issue or deny permits to purchase firearms. |
| Michigan | — |
| Minnesota | Requires a 30-day waiting period for dealer sales of handguns and semiautomatic military-style assault weapons (can be waived after purchaser determined not to be prohibited); authorities also have 30 days to issue or deny an application for permits to purchase firearms |
| Mississippi | — |
| Missouri | — |
| Montana | — |
| Nebraska | — |
| Nevada | — |
| New Hampshire | — |
| New Jersey | Authorities have 30 days to issue or deny an application for permits to purchase firearms |
| New Mexico | Requires 7-day waiting period for all firearms; extends time for background check to 20 days |
| New York | Extends time for background check to 30 days. |
| North Carolina | Authorities have 14 days to issue or deny an application for a permit to purchase a handgun. |
| North Dakota | — |
| Ohio | — |
| Oklahoma | — |
| Oregon | — |
| Pennsylvania | Extends time to complete background check to 10 days. |
| Rhode Island | Requires 7-day waiting period for all firearms |
| South Carolina | — |
| South Dakota | — |
| Tennessee | Authorities deny sales if prospective purchaser charged with crime that would prohibit them from firearm possession, even if final disposition is not available to background check operator. |
| Texas | — |
| Utah | Dealer may not transfer firearm until background check is complete. |
| Vermont | Extends time for background check to 7 business days |
| Virginia | Extends time to complete background check to 5 days. |
| Washington | Dealer may not transfer firearm until background check is complete. |
| West Virginia | — |
| Wisconsin | Dealers must wait 5 business days to transfer handgun if authorities have not resolved the background check. |
| Wyoming | — |
Show Citations and Footnotes
Source: Cal. Penal Code § 26815; Cal. Penal Code § 28220(f); Colo. Rev. Stat. §§ 18-12-112.5, 24-33.5-424(3)(b.5); Conn. Gen. Stat. §§ 29-33(b), 29-36g(a), 29-37a, 39-37q; Del. Code Ann. tit. 11, §§ 1448A(b), 1448B(a); Fla. Stat. § 790.0655(1)(a); Haw. Rev. Stat. § 134-2; 430 Ill. Comp. Stat. §§ 65/2(a), 65/5; 720 ILCS § 5/24-3(A)(g); Md. Code Ann., Pub. Safety §§ 5-117.1(c), (h), 5-123, 5-124; Mass. Gen. Laws ch. 140, §§ 129B, 129C, 131; Mass. Gen. Laws ch. 269, § 10; Minn. Stat. § 624.7132, subd. (4); N.J. Stat. Ann. §§ 2C:58-2(a)(5)(a), 2C:58-3(a), (b), (f); N.M. Stat. Ann. § 30-7-7.3; N.Y. Penal Law §§ 400.00(4-a), 400.00(12), 400.20; N.Y. Gen. Bus. Law §§ 897, 898; N.C. Gen. Stat. §§ 14-402, 14-404(f); 18 Pa. Cons. Stat. § 6111(b)(7), (b)(1.1)(iii); 11 R.I. Gen. Laws §§ 11-47-35, 11-47-35.2; Tenn. Code Ann. § 39-17-1316(n)-(o); Utah Code Ann. § 76-10-526(5); Va. Code Ann. § 18.2-308.2:2(B)(2); 13 V.S.A. § 4019(d)(2); Wash. Rev. Code § 9.41.092; Wis. Stat. § 175.35(2g)(c)(4)(c). Everytown for Gun Safety. (2021, February 4). Everytown reveals there were a record number of gun sales to people prohibited from buying in 2020 because of a dangerous loophole. Press release. Retrieved January 19, 2022, from https://www.everytown.org/press/everytown-reveals-there-were-a-record-number-of-gun-sales-to-people-prohibited-from-buying-in-2020-because-of-a-dangerous-loophole/.