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Close the Charleston Loophole

    Close the Charleston Loophole

      What is the problem?

      Under federal law, gun purchases may move forward by default after three business days—even if a background check has not been completed. While 90% of federal background checks are completed in minutes, those that take longer than three business days are four times as likely to be denied.

      In 2015, the shooter of nine 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.

      Firearm sales should not be permitted to move forward until a background check on the prospective purchaser has been completed.

      Which states have closed or limited the Charleston Loophole?

      21 states have adopted this policy

      AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

      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

      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 5-day waiting period for sales of handguns and semiautomatic military-style assault weapons

      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 not adopted this policy

      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 not 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 prohibited from transferring 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?
      Dealers must wait 10 business days to transfer firearm if authorities have not resolved background check.

      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

      How it Works

      Closing this loophole would ensure that no firearm is sold with an incomplete background check.

      How COVID-19 Has Made a Federal Background Check Loophole Even Deadlier Fact Sheet

      While federal law requires licensed gun dealers to run background checks on all prospective gun buyers, due to an NRA-backed loophole in the 1993 Brady Bill, gun sales can proceed by default after three business days—even without a completed background check.

      Most background checks are completed on the spot, but more than 284,000 checks take longer than three business days every year. A review of federal checks through the National Instant Background Check System (NICS) between 2015 and 2019 revealed that background checks delayed longer than three days are 4 times more likely to be denied.

      This loophole presents a special danger for domestic violence victims. In its 2016 report, the Government Accountability Office found that background checks involving domestic violence flags take longer to resolve. Domestic violence prohibitions involve multiple criteria that often require significant investigation and coordination with local law enforcement. For example, because federal law only prohibits abusers from buying a firearm if they were married to their victims (or if they shared a child or a home), a background check may require investigation into the relationship between the parties. Between 2006 and 2015, it took the FBI more than three business days to determine 30 percent of denials based on misdemeanor crimes of domestic violence. That means licensed dealers were legally authorized under federal law to transfer guns to 18,000 people who were prohibited domestic violence misdemeanants simply because their background checks took longer than three days.

      Myth

      The loophole is insignificant because 97% of all background checks are completed within three business days.

      Fact

      Background checks delayed more than three business days are 4x more likely to be denied. 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.

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      Close the Charleston Loophole

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      Did you know?

      In 2019, 2,989 firearms were transferred to prohibited persons before a background check could be completed, including 562 to convicted domestic abusers.

      National Instant Background Check System (NICS) Section. “2019 NICS Operations Report”. FBI. (2019). https://www.fbi.gov/file-repository/2019-nics-operations-report.pdf/view