ARS Calls on Delaware Legislators to Pass New Bipartisan Bill to Close “Charleston Loophole” for Gun Sales
April 15, 2016 – Americans for Responsible Solutions, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and former NASA astronaut Captain Mark Kelly, today called on Delaware legislators to pass a new bipartisan proposal to strengthen the state’s gun background check system by closing the dangerous “Charleston Loophole” that allows gun sales to proceed before the criminal background check is complete.
The introduction of the new bill, HB 325, 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 leaders in Delaware for introducing this responsible bill that will strengthen the state’s background check system and help keep guns out of the wrong hands,” said Amber Goodwin, Advocacy Director, Americans for Responsible Solutions. “We thank Representative Osienski and Representative Longhurst for their leadership in helping introduce this commonsense, responsible proposal. We hope that Delaware’s leaders will do the responsible thing, pass this life-saving legislation and send it to Governor Jack Markell’s desk.”
ABOUT THE DANGEROUS “CHARLESTON LOOPHOLE” 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 “Charleston loophole,” 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.
