New Senate Bill Could End Same-Day Firearm Transfers
A proposed Senate bill would end default firearm sales during NICS delays, raising concerns about stalled purchases for law-abiding gun owners.
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Lawmakers introduced a new bill that could end same-day firearm transfers for some gun owners by requiring background check approval on all firearms sales nationally, regardless of the wait.
Currently, firearms dealers can move ahead with sales by default if the FBI’s National Instant Criminal Background Check System does not respond within three days.
The Background Check Completion Act (S.3458), however, would force FFLs to wait for approval from NICS before completing a firearm purchase.
Sen. Richard Blumenthal (D-CT), alongside 25 Democratic lawmakers, introduced the bill with Rep. James E. Clyburn (D-SC) launching a companion bill in the House of Representatives to close the so-called “Charleston Loophole” -- named after a 2015 Charleston’s Emanuel AME Church in which the shooter was not legally able to purchase a gun.
Blumenthal called the loophole dangerous, citing data that indicated 2,758 guns were sold to people in 2024 who legally shouldn’t have access to firearms due to the loophole. (Editor’s Note: No links or official citations were given for this data by Blumenthal’s office.)
“This loophole is a massive gateway to dangerous evasion of the background check rules,” Blumenthal said in a press release. “If you haven’t passed a background check, you shouldn’t be able to purchase a weapon. No check, no gun. It’s really that simple.”
Everytown for Gun Safety, Giffords, Brady, Sandy Hook Promise, and Newtown Action Alliance all endorsed the bill, but 2A advocates say the bill, while well-meaning, could hurt law-abiding gun owners.
The original 72-hour NICS provision was included in the 1993 Brady Act to prevent government overreach, protecting Americans from government delays or political abuse. This provision essentially keeps the federal government from deliberately or unintentionally stalling NICS, thereby halting all gun sales from firearms dealers.
S.3458 was referred to the Senate Judiciary Committee for further review.
What do you think of the new bill? Will it close the loophole or cause headaches for gun owners? Let us know in the comments below. Want more news? Check out our News Category with all the latest updates.
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