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
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

NRA and 2A Allies Announce NFA Lawsuit

Monday, July 7, 2025

NRA and 2A Allies Announce NFA Lawsuit

Following the passage of the “One Big Beautiful Bill”—which eliminates the National Firearms Act of 1934’s (NFA) excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs—the National Rifle Association issued a joint statement along with the ...

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

United Nation’s Attack on Ammunition Formally Begins

News  

Monday, July 7, 2025

United Nation’s Attack on Ammunition Formally Begins

The recently concluded negotiations on the United Nations’ Global Framework on Through-Life Conventional Ammunition Management (Framework) should be of grave concern to anyone who values the constitutional protections afforded by the Second Amendment. 

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

In Reese v. ATF, the Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

News  

Monday, July 7, 2025

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

It has been a while since we’ve looked at weapon news from across the pond, but with Americans everywhere having just celebrated the Glorious Fourth and our independence from British monarchy, the timing seems particular ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

NRA-ILA July 2025 Litigation Update

Thursday, July 10, 2025

NRA-ILA July 2025 Litigation Update

In the second quarter of 2025, the National Rifle Association filed two cert petitions in the U.S. Supreme Court and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

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.