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

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.

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

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.

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.

Report

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.

Fact Sheet

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.

Fact Sheet