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
Update: New Mexico Governor’s Unconstitutional Carry Ban Temporarily Halted, NRA Files Suit

News  

Monday, September 18, 2023

Update: New Mexico Governor’s Unconstitutional Carry Ban Temporarily Halted, NRA Files Suit

On September 8, New Mexico Gov. Michelle Grisham (D) surprised her political opponents and allies when the politician purported to suspend the U.S. and New Mexico constitutions and state statute using a “public health emergency ...

When the rubber hits the road: Anti-police activist does U-turn after being carjacked

News  

Monday, September 18, 2023

When the rubber hits the road: Anti-police activist does U-turn after being carjacked

Three years ago, the “defund the police” movement got its start in Minneapolis, MN. A number of leftist politicians wasted no time in jumping on the bandwagon, along with a bunch of Hollywood celebrities – all of whom thought it was a ...

California: Legislature Passes Carry Restrictions & Over a Dozen More Anti-Gun Bills Headed to the Governor

Saturday, September 16, 2023

California: Legislature Passes Carry Restrictions & Over a Dozen More Anti-Gun Bills Headed to the Governor

On Thursday night, the California Legislature adjourned after having passed a whole slew of anti-gun bills this session.

California Tax is About Curtailing Exercise of a Constitutional Right

News  

Monday, September 18, 2023

California Tax is About Curtailing Exercise of a Constitutional Right

On September 7, the California Legislature passed AB-28. The bill would place an 11 percent excise tax on the sales price of all firearms, firearm precursor parts, and ammunition. As of press time, the legislation remains ...

Changes Coming Soon for New York State Gun Owners

News  

Monday, August 21, 2023

Changes Coming Soon for New York State Gun Owners

There are some significant changes due to take effect early next month in the Empire State.

Massachusetts: Update on Proposed Sweeping Gun Control

Monday, July 17, 2023

Massachusetts: Update on Proposed Sweeping Gun Control

Late last month, Massachusetts politicians put forth HD 4420, “an act modernizing firearm laws.” This massive piece of legislation re-writes gun laws in the Commonwealth and imposes unprecedented gun-control.

New Mexico: State and Local Lawmakers Take Action Against Governor’s Gun Ban Orders

Monday, September 18, 2023

New Mexico: State and Local Lawmakers Take Action Against Governor’s Gun Ban Orders

Last week, NRA filed a state lawsuit against Governor Michelle Lujan Grisham’s illegal and unconstitutional gun carry ban in Albuquerque & Bernalillo County, and on all state property across New Mexico.

Your Help Urgently Needed! Comment Period Open on Biden’s Illegal Background Check Rulemaking

News  

Monday, September 11, 2023

Your Help Urgently Needed! Comment Period Open on Biden’s Illegal Background Check Rulemaking

Your help is urgently needed, as the official comment period on ATF’s rulemaking, “Definition of ‘Engaged in the Business’ as a Dealer in Firearms," began on Friday, September 8. Comments on the rule will be ...

Grassroots Spotlight: NRA Activism Trainings in Florida

Take Action  

News  

Monday, September 18, 2023

Grassroots Spotlight: NRA Activism Trainings in Florida

The Sunshine State loves the Second! Earlier this month, your NRA-ILA Florida Grassroots Team hosted various events across the state to continue NRA’s important work in maximizing grassroots education and outreach.

NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Thursday, September 14, 2023

NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Today, NRA led a coalition of parties in a legal challenge against New Mexico Governor Michelle Lujan Grisham and Department of Health Secretary Patrick Allen’s unconstitutional orders banning the carrying of firearms in Bernalillo County ...

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.