Reed & Whitehouse Cosponsor Legislation to Close Charleston Loophole & Prevent Dangerous Gun Sales

WASHINGTON, DC - When it comes to the sale of firearms, U.S. Senators Jack Reed and Sheldon Whitehouse say the rule should be simple: 'no background check, no sale' for all firearm transfers and purchases.

In an effort to keep dangerous weapons out of the hands of people the law already says should not own them, Reed and Whitehouse joined U.S. Senator Richard Blumenthal (D-CT) and 23 of their Senate colleagues on December 12 in introducing the Background Check Completion Act (S.3458). This legislation would end an exemption -- known as "default to proceed" -- that allows a sale to go forward if the background check process takes more than 72 hours.

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 gap in existing law has allowed thousands of gun sales to prohibited buyers, including the sale of the firearm used by the shooter in the deadly attack at Charleston's Emanuel AME Church. In that case, the church shooter was able to buy a .45 caliber handgun, even though he admitted to a disqualifying drug crime. But due to a bureaucratic processing error, the FBI was unable to confirm the admission, and the mandatory 72 hours elapsed, so the gun purchase went forward.

Companion legislation in the U.S. House of Representatives is led by U.S. Representative James E. Clyburn (D-SC).

According to Everytown for Gun Safety, background checks stop gun sales to criminals every day. Since 1994, these laws have blocked more than 5 million gun sales to people who could not legally own guns.

"Background checks are effective, but only if they are allowed to be complete. Closing the Charleston loophole is a commonsense, overdue step to save lives and prevent guns from ending up in the hands of dangerous individuals who are ineligible to own them," said Senator Reed. "Someone who is ineligible to own a gun shouldn't be able to obtain one just because of an error or a three day shot clock running out. Congress should close this dangerous loophole and invest in modernizing the FBI background check interface to enhance public safety and keep guns out of the hands of dangerous individuals."

"America faces constant tragic reminders of how devastating gun violence can be. We need to do everything we can to keep guns out of the wrong hands, including making sure no one can purchase a gun without a background check," said Senator Whitehouse, who serves on the Senate Judiciary Committee. "This commonsense measure to finally close a background check loophole is long overdue and will help save lives."

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.

In addition to Blumenthal, Reed, and Whitehouse, the Background Check Completion Act is cosponsored by U.S. 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), Mark Kelly (D-AZ), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Alex Padilla (D-CA), 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), and Ron Wyden (D-OR).

The legislation has been endorsed by Everytown for Gun Safety, Giffords, Brady, Sandy Hook Promise and Newtown Action Alliance.

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