Clyburn reintroduces legislation to close 'Charleston loophole' in firearm purchases

WASHINGTON, D.C. (WCIV) — Assistant Democratic Leader James E. Clyburn (D-SC) reintroduced the Enhanced Background Checks Act in Congress on March 30.

According to a press release, the legislation will close the "Charleston Loophole", which allows the sale of a firearm to proceed if the FBI does not complete its background check process within three business days.

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The press release says the "Charleston Loophole" enabled Dylann Roof to obtain the weapon he used to kill nine churchgoers at the Mother Emanuel AME Church in 2015. Roof was prohibited by law from possessing a firearm due to his history of unlawful controlled substance abuse, but was able to acquire his gun before the FBI could complete a background check. In 2021, more than 5,200 guns were sold to individuals with disqualifying circumstances, such as felony and domestic violence convictions.

Under the bill's new process, if the background check has not been completed after 10 business days, the purchaser may request an escalated review by the FBI. This request for an escalated review will trigger a more intensive FBI investigation, designed to resolve the case within an additional 10-business-day period. If the additional 10 business days elapse without a response from the National Instant Criminal Background Check System (NICS), only then may the dealer sell or transfer the gun to the purchaser, according to the press release.

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"Americans should be able to worship, attend school, and thrive in their communities without fear of gun violence," Clyburn said in a statement. "This legislation presents a significant step forward in our efforts to address the ongoing epidemic by helping to ensure these dangerous weapons do not fall into the wrong hands. I urge my Republican colleagues to join us in advancing this effort and urge Speaker (Kevin) McCarthy to bring this bill to the House floor for a vote."

Companion legislature was introduced in the US Senate by Sen. Richard Blumethal (D-CT), according to the press release.

The full bill may be read at: https://assistantdemocraticleader.house.gov/sites/evo-subsites/assistantdemocraticleader.house.gov/files/evo-media-document/clybur_001_xml.pdf