ARS Applauds Delaware House for Advancing Bill to Close “Charleston Loophole”
April 22, 2016 – Americans for Responsible Solutions, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and former NASA astronaut Captain Mark Kelly, today applauded the Delaware House of House of Representatives for its bipartisan vote advancing a bill to strengthen the state’s gun background check system by closing the dangerous “CharlestonLoophole” that allows gun sales to proceed before the criminal background check is complete.
The legislation, HB 325, which was introduced last week, comes on the heels of Congresswoman Giffords and Captain Kelly’s visit to Wilmington last month and launch of the new bipartisan Delaware Coalition for Common Sense.
“We applaud the leaders in the Delaware House of Representative for doing the responsible thing and passing this commonsense bill that will help close the loopholes in our laws that let dangerous people like felons and domestic abusers buy guns before a criminal background check is complete,” said Amber Goodwin, National Advocacy Director, Americans for Responsible Solutions. “We need to give law enforcement the time they need to do their job and finish the background check. We urge Delaware’s leaders in the Senate to follow suit and pass this responsible legislation that will help strengthen the background check system and make Delaware a safer place to live.”
ABOUT THE DANGEROUS “CHARLESTONLOOPHOLE” FOR GUN SALES
While 91% of background checks are processed instantly through the National Instant Criminal Background Check System (NICS), 9% require further investigation before determining if the firearm transfer in question would violate federal or state law. But due to an gun lobby-backed amendment to the Brady background checks bill of 1993, FBI and ATF agents are only allowed three business days to investigate the potential purchaser. If a gun dealer has not been informed of a final determination after three days, the dealer is legally permitted to proceed with the sale
Default proceed sales, also known as the “Charlestonloophole,” exemplify a glaring and dangerous gap in federal gun laws. From 2010 to 2014 alone, 15,729 gun sales that should have been denied were allowed to take place through default proceeds because a final determination could not be made within the three day window.
Sales occurring through default proceeds are eight times more likely than regular background checks to involve a purchaser who is prohibited under federal law from legally buying a gun. Dylann Roof, the shooter who killed nine people at a Charleston church, was prohibited under federal law from purchasing his gun due to a disqualifying drug record that should have made it illegal for him to buy a firearm. Because this determination was not made until after three days, the sale was able to proceed. Disqualifying domestic violence records tend to fall through the cracks as well; In 2003, 34% of cases in which the ATF retrieved a gun after being obtained through a default proceed sale involved a purchaser with a domestic violence conviction or restraining order.