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
Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

Rhode Island:  Gun Bans On Tap In Providence Next Week

Friday, April 3, 2026

Rhode Island: Gun Bans On Tap In Providence Next Week

On Wednesday April 8, the House Judiciary Committee will meet in the House Lounge at 4 p.m. to launch an historic attack on our Second Amendment rights. 

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

News  

Monday, April 6, 2026

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

Gun rights supporters know that civilian disarmament advocates have long employed dubious social “science”/public “health” research in their mission to strip Americans of their Second Amendment rights.

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

Friday, April 3, 2026

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

On Thursday, April 2nd, Governor Andy Beshear vetoed two pro-gun bills, House Bill 78 and House Bill 312.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

Thursday, April 2, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

The National Rifle Association joined the Second Amendment Foundation, American Suppressor Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and ...

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

Thursday, April 2, 2026

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

On Wednesday, April 1st, Governor Patrick Morrisey signed House Bill 4106, expanding constitutional carry provisions to 18-20 year olds.

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.