Should Gun Dealers Have to Wait Longer for Completed Background Checks Before Transferring a Gun to the Buyer? (H.R. 1112)

What is H.R. 1112?

(Updated August 23, 2020)

This bill would extend the initial background check review period for gun purchases from three business days to 10 business days, and require licensed gun dealers to request an escalated review by the Federal Bureau of Investigation (FBI) that’d last another 10 business days if the initial background check isn’t resolved. If the escalated review isn’t completed within 10 business days, the licensed gun dealer would be allowed to transfer the firearm to the buyer in question as long as the dealer certifies they have no reason to believe the buyer should be barred from obtaining a firearm. (Under current law, if a background check isn't completed within three business days of its submission the gun purchase can proceed.)

Argument in favor

This bill would close the so-called “Charleston loophole” by requiring gun dealers to wait longer than just three days for a completed background check before turning over a gun to the buyer. A 10 business day waiting period followed by an escalated review of equal length is a long enough time for gun dealers to wait to complete the sale of a firearm.

Argument opposed

It shouldn’t take more than three business days to complete a background check on an unlicensed prospective gun buyer, and if it does the business owner should be able to transfer the gun at their discretion as is the case under current law. Delaying a sale for up to a potential 20 business days is unfair to the gun buyer and seller.

Impact

Unlicensed gun buyers and licensed gun dealers; people and entities administering background checks.

Cost of H.R. 1112

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Majority Whip Jim Clyburn (D-SC) introduced this bill to close the so-called “Charleston loophole” by requiring gun dealers to wait longer than three business days for a completed background check to transfer a gun to a potential buyer. The loophole allowed a gunman who murdered nine and wounded three others after they received a gun because the FBI background check, which would’ve prevented their gun purchase because of a drug arrest, wasn’t completed within three days. Clyburn offered the following statement on his bill:

“The real tragedy of the Emanuel Massacre is that it could have been prevented. We need to ensure that background checks are completed before weapons are sold. This legislation seeks to provide, with as much certainty as possible, that guns are not sold to those who ought not have them.”

Original cosponsor Rep. Peter King (R-NY) added:

“Very simply, law enforcement needs the tools and the time to ensure that those individuals who should not have guns do not get guns. I am proud to work with Congressman Clyburn to prevent another tragedy from happening.”

Opponents of this legislation have pointed out that under current law even if the unlicensed buyer takes possession of the gun after three days, the Federal Bureau of Investigation continues to resolve the background check for up to 90 days. If it turns out that the buyer should’ve been prohibited by the background check and the gun was transferred, the ATF is notified and steps are taken to confiscate the weapon and potentially prosecute the buyer.

This legislation passed the House Judiciary Committee on a 21-14 vote that was mostly along party-lines and has the support two cosponsors including King and Rep. Joe Cunningham (D-SC).

Media:

• Sponsoring Rep. Jim Clyburn (D-SC) Press Release

• House Judiciary Committee Press Release

• HotAir (Opposed)