Bill Would Close Loophole That Allows Illegal Gun Purchases Capitol Comments

Senator Robert Menendez

WASHINGTON, D.C. - In 2019, more than eight prohibited people a day were sold guns by dealers who do not wait for completed background check.

U.S. Senators Bob Menendez and Cory Booker (both D-N.J.) joined a group of 20 Senators in introducing the Background Check Completion Act. The legislation would close a current loophole that allows gun sales to proceed if a background check is not completed within a certain time period, even if the gun buyer is not legally allowed to purchase a gun. The gap in existing law has allowed thousands of gun sales to prohibited buyers, includ - ing the sale of the firearm used by the shooter in the deadly attack at Charleston’s Emanuel AME Church. U.S. Representative James E. Clyburn introduced companion legislation in the House of Representatives.

“An overwhelming majority of Americans support common-sense gun violence prevention measures –yet the Republican Party continues to choose to represent the NRA over protecting our kids,” said Sen. Menendez. “Background checks are effective and closing the Charleston loophole is a critical measure to prevent future tragedies across America.”

“Gun violence is a national crisis and the issue is exacerbated when guns fall into the wrong hands,” said Sen. Booker. “However, the gun lobby has continuously blocked common-sense gun measures like universal background checks. I am proud to cosponsor this bill that will ensure that everyone who purchases a gun must complete a background check.”

When a criminal background check indicates that a firearm purchaser may have a criminal record, the Federal Bureau of Investigation (FBI) tries to determine whether the purchaser can legally buy a gun. If this process takes longer than 72 hours for those 21 years of age or older, or 10 days for those under 21, gun dealers can complete the sale even though there is a heightened risk that the purchaser is legally disqualified from purchasing a gun.

The Background Check Completion Act would require a completed background check for every gun buyer who purchases a gun from a federally-licensed gun dealer.

Joining Sens. Menendez and Booker in co-sponsoring the legislation are Sens. Richard Blumenthal (D-Conn.),

Dianne Feinstein (D-Calif.), Dick Durbin (D-lll.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Edward J. Markey (D-Mass.), Ron Wyden (D-Ore.), Bob Casey, Jr. (DPa.), Sheldon Whitehouse (D-R.I.), Tammy Baldwin (D-Wis.), Tammy Duckworth (D-Ill.), Amy Klobuchar (D-Minn.), Mazie K. Hirono (D-Hawaii), Sherrod Brown (D-Ohio), Chris Coons (D-Del.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Bernie Sanders (I-Vt.), and Alex Padilla (D-Calif.).

The legislation has been endorsed by Everytown for Gun Safety, Giffords, Brady, Sandy Hook Promise and Newtown Action Alliance.