Close the Charleston Loophole
Close the Charleston Loophole
What does this solve?
Under federal law, gun purchases may move forward by default after three business days—even if a background check has not been completed.118 U.S.C. 922(t)(1)(B)(ii). While more than 90 percent of federal background checks are completed in minutes,2FBI, “National Instant Criminal Background Check System 2022 Operations Report,” 2023, https://www.fbi.gov/file-repository/nics-2022-operations-report.pdf/view. those that take longer than three business days are four times as likely to be denied.3Everytown Research analysis of Federal Bureau of Investigation, NICS Operations Reports 2015–2019, https://bit.ly/36nWN6X. Of the 76,693 checks that were delayed past three business days and resolved within 90 days annually, 4,059 checks were later found to have resulted in illegal sales—or 5.3 percent. Each year, of the 7,732,373 checks processed by the FBI that were immediately resolved, 102,717 were denied—or 1.3 percent.
In 2015, the white supremacist who shot and killed nine Black worshipers at Emanuel A.M.E. Church in Charleston, South Carolina, was able to purchase a gun because of a dangerous loophole in the background check system. He was legally prohibited from having a firearm, but was able to complete the purchase because his background check was not completed within three business days.1Michael S. Schmidt, “Background Check Flaw Let Dylann Roof Buy Gun, FBI Says,” New York Times, July 10, 2015, https://nyti.ms/2VmlD0y.
Firearm sales should not be permitted to move forward until a background check on the prospective purchaser has been completed.
Myth & Fact
Myth
The loophole is insignificant because 97 percent of all background checks are completed within three business days.
Fact
Background checks delayed more than three business days are four more likely to be denied.1Everytown Research analysis of Federal Bureau of Investigation, NICS Operations Reports 2015–2019, https://bit.ly/36nWN6X. Of the 76,693 checks that were delayed past three business days and resolved within 90 days annually, 4,059 checks were later found to have resulted in illegal sales—or 5.3 percent. Each year, of the 7,732,373 checks processed by the FBI that were immediately resolved, 102,717 were denied—or 1.3 percent. This means that the loophole results in prohibited persons obtaining firearms. Between January and mid-November, 2020, the FBI had flagged nearly 6,000 gun sales because a purchaser who could not legally possess a firearm was able to buy one because of the Charleston loophole—more than in any other entire calendar year.
Featured Resources
Undeniable: How Long-Standing Loopholes in the Background Check System Have Been Exacerbated by COVID-19
Loopholes must be addressed to ensure that guns are not sold without a completed background check.
Update Background Check Laws
Updating federal and state laws to require background checks on all gun sales is a common-sense way to keep guns out of the wrong hands.
How COVID-19 Has Made a Federal Background Check Loophole Even Deadlier
More background checks were run in March 2020 than at any other time since the creation of the background check system.
All Resources
Close the Charleston Loophole
All Resources
The Smoking Gun
An online resource committed to exposing the gun industry’s role in our gun violence epidemic today.
Everytown Research & PolicyThe Danger of No-Questions-Asked Gun Sales Between Strangers
These stories are examples of tragedies that could have been prevented if a background check was required when the shooter bought their gun.
Fact SheetGuns and Violence Against Women: America’s Uniquely Lethal Intimate Partner Violence Problem
Laws keeping guns out of the hands of abusers are associated with lower rates of violence against women and intimate partner homicides.
ReportDisarm Hate: the Deadly Intersection of Guns and Hate-Motivated Violence
Easy access to firearms gives a hate-filled individual the means to shatter numerous lives and whole communities.
Fact SheetAssault Weapons and High-Capacity Magazines
Many of the deadliest mass shootings in the United States have been carried out with assault weapons and high-capacity magazines.
Fact Sheet