Enhanced Background Checks Act of 2021

Floor Speech

BREAK IN TRANSCRIPT

Mr. McCLINTOCK. Mr. Speaker, what is the so-called Charleston Loophole?

It is a provision that gives the FBI 3 days to provide a background check for a citizen to buy a gun. Now, 3 days for a background check doesn't seem unreasonable since a credit card check takes about 3 seconds.

Now, if the FBI fails to give a clear ``yes'' or ``no'' in 3 days, the sale can proceed. That protects our Second Amendment right from arbitrary denial by inaction, and the clearance is good for 30 days from when you begin that transaction.

Now, this bill repeals the 3-day limit and replaces it with a multistage bureaucratic review process that can span up to 20 business days.

It is really quite clever. Your clearance is good for 30 calendar days from the day you begin the transaction, but the clearance can be delayed for up to 20 business days. So if you applied on January 15 of this year, 20 business days takes you to February 16. By then, your purchase window will have expired 2 days earlier, on February 14. You have to start the process over, applying for a new background check in a perpetual cycle. They never have to say ``approved.''

Would a government abuse its citizens like that?

I don't know. Maybe we should ask Lois Lerner or Andrew McCabe.

BREAK IN TRANSCRIPT

Source