Explore The NRA Universe Of Websites

APPEARS IN News

Default Proceeds Replaced by Default Infringement

Friday, March 8, 2019

Default Proceeds Replaced by Default Infringement

For most people, a NICS check is instantaneous or at least expedient. Other people are subject to a delay, which is best explained by the FBI itself:

“When a NICS background check matches a record to the prospective firearms transferee, the NICS Section determines if a federal prohibitor exists. However, if a federal prohibitor does not exist, the NICS Section employee processing the background check must further review the record match(es) to determine if any applicable state law renders the prospective firearms transferee prohibited.”

That quote is from the FBI’S 2017 NICS Operations Report, as is this statement about what happens after the three days: “When a NICS transaction is delayed, the Brady Act allows the FFL [Federal Firearms Licensee] to legally transfer the firearm if the NICS transaction is not resolved within three business days. However, the NICS Section continues to search for the information necessary to make a final determination until the transaction is purged prior to 90 days.”

Gun control advocates want this to be known as the “Charleston Loophole” and ignore the fact that the check continues for up to 90 days. The FFL may transfer the firearm after the three days if the check has not concluded – the “default proceed.” If the FBI finds that the buyer is a prohibited person after the three-day period, they determine if the transfer was made and refer the case to the ATF for firearms retrieval. In other words: if, at any point during the 90 days, the FBI finds the record that shows the buyer is prohibited from owning a firearm, the ATF is sent to get the gun.

That’s how coverage of the so-called “loophole” should be framed. But it isn’t and the data tells the real story – at least once you look at all of the data.

We’ve covered the Charleston aspect of this fallacy in another article, so let’s look at the data. Earlier this week, ThinkProgress ran an “exclusive” that “shows the size of the problem.” Remember, ThinkProgress is tied to the Center for American Progress founded by John Podesta, who held senior roles in the Clinton and Obama Administrations before serving as Hillary Clinton’s campaign manager in 2016.

ThinkProgress looked exclusively at the number of cases in which a NICS background check took longer than three days. There were 310,232 transactions for which the background check was not complete after the third business day in 2017, or nearly three times more than the number of total denials in 2017 (103,985).

Readers may wonder how many of those total denials took longer than three business days. The answer is 6,004. ThinkProgress acknowledges that 6,004 delayed transactions were referred to the ATF for firearm retrieval, but fail to connect these referrals with the number of total delayed transactions or the number of total denials. If 98.1% of all default proceeds for 2017 involved a non-prohibited person, then perhaps the problem rests within the quality of the records or the resources dedicated to resolving the delayed transactions. Of course, improving the quality of the records would reduce the strain on resources and allow more checks to be completed immediately. But ThinkProgress and other gun control advocates want to frame this as some kind of loophole as they’re trying to expand the infringement on law-abiding Americans’ rights. The FBI doesn’t need more time to complete background checks – they need to be able to spend less time on background checks for non-prohibited persons.

The overwhelming majority of “default proceeds” involve people who are able to possess firearms but are delayed by an understaffed system. The scope of the “Charleston loophole” is really the scope of Americans who have their rights delayed.

 

 

 

 

TRENDING NOW
Hunter Biden Incident Shows that Gun Laws are for the Little People

News  

Monday, April 5, 2021

Hunter Biden Incident Shows that Gun Laws are for the Little People

There is a central hypocrisy at the heart of the gun control effort.

South Carolina House Passes Constitutional Carry

Friday, April 9, 2021

South Carolina House Passes Constitutional Carry

Yesterday, the House voted to pass House Bill 3096 on third reading. It has been sent to the Senate for further consideration.

U.S. House Bows to Biden, Passes Legislation to Cancel Your RIGHT to Obtain a Firearm

News  

Monday, March 15, 2021

U.S. House Bows to Biden, Passes Legislation to Cancel Your RIGHT to Obtain a Firearm

The U.S. House Representatives, with the urging and support of Joe Biden, passed two bills on Thursday – H.R. 8 and H.R. 1446 – that would usher in a sweeping overhaul of how firearms are bought and sold in ...

South Carolina: Constitutional Carry Passes Critical Vote

Wednesday, April 7, 2021

South Carolina: Constitutional Carry Passes Critical Vote

Today, the House voted 69-47 to advance House Bill 3096 after second reading. This clears the way for H. 3096 to receive a third reading tomorrow, where the House can vote to pass it.

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

West Virginia: Gov. Justice Signs Two Pro-Gun Bills

Friday, April 9, 2021

West Virginia: Gov. Justice Signs Two Pro-Gun Bills

Today, Governor Jim Justice signed House Bill 2499, to exempt firearms and ammunition from state sales and use taxes, and House Bill 2793, to create the option of a nonresident West Virginia concealed carry permit. ...

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

News  

Monday, November 16, 2020

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

Just in case anyone needed further proof that much of the federal bureaucracy is more interested in serving themselves and left-wing political interests than public service, news broke this week that rogue elements of Bureau ...

NRA-backed Constitutional Carry Signed in Tennessee

News  

Thursday, April 8, 2021

NRA-backed Constitutional Carry Signed in Tennessee

Gov. Bill Lee signs NRA-backed constitutional carry bill to advance the self-defense rights of all Tennessee gun owners. 

West Virginia: Pro-Gun Bills Pass

Thursday, April 8, 2021

West Virginia: Pro-Gun Bills Pass

Yesterday, the House of Delegates promptly voted 87-0 to concur with the Senate amendments to House Bill 2793. It now goes to Governor Jim Justice’s desk for his signature.

NRA Opposes David Chipman for ATF Director

News  

Friday, April 9, 2021

NRA Opposes David Chipman for ATF Director

During a press conference on Thursday, President Biden announced that he would once again be targeting law-abiding gun owners by ordering ATF to develop two new restrictive regulations. Aiming to accessorize the Department of Justice’s ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.