Kelly, Colleagues Introduce Legislation to Close Charleston Loophole and Prevent Dangerous Gun Sales

In 2024, 2,758 guns were sold to people who legally shouldn't have access to firearms because dealers were not required to wait for completed background checks

This week, Senator Mark Kelly (D-AZ) joined Senator Richard Blumenthal (D-CT) and twenty-five of their Senate colleagues in introducing the Background Check Completion Act, legislation to close a current loophole that allows gun sales to proceed if a background check is not completed within a certain time period, even if the gun buyer is not legally allowed to purchase a gun. The gap in existing law has allowed thousands of gun sales to prohibited buyers like felons and domestic abusers, including the sale of the firearm used by the shooter in the deadly attack at Charleston's Emanuel AME Church in 2015. U.S. Representative James E. Clyburn has introduced companion legislation in the House of Representatives.

"As a gun owner, a combat veteran, and the husband of a gun violence survivor, I know how important strong gun laws are to keeping Americans safe," said Kelly. "If someone hasn't passed a background check, they shouldn't be able to buy a gun just because the clock ran out. Closing this loophole is about protecting communities and the rights of responsible gun owners while making sure criminals and domestic abusers don't slip through the cracks."

"This loophole is a massive gateway to dangerous evasion of the background check rules," said Blumenthal. "If you haven't passed a background check, you shouldn't be able to purchase a weapon. No check, no gun. It's really that simple."

When a criminal background check indicates that a firearm purchaser may have a criminal record, the Federal Bureau of Investigation (FBI) tries to determine whether the purchaser can legally buy a gun. If this process takes longer than 72 hours for those 21 years of age or older, or 10 days for those under 21, gun dealers can complete the sale even though there is a heightened risk that the purchaser is legally disqualified from purchasing a gun.

The Background Check Completion Act would require a completed background check for every gun buyer who purchases a gun from a federally-licensed gun dealer.

The Background Check Completion Act is co-sponsored by Senators Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Cory Booker (D-NJ), Lisa Blunt Rochester (D-DE), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie K. Hirono (D-HI), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Adam Schiff (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). The legislation has been endorsed by Everytown for Gun Safety, Giffords, Brady, Sandy Hook Promise and Newtown Action Alliance.