Duckworth, Durbin Help Introduce “No Check, No Sale” Bill to Close the Charleston Loophole

Duckworth, Durbin Help Introduce "No Check, No Sale" Bill to Close the Charleston Loophole

In 2024, nearly 3,000 firearms were sold to people who legally shouldn't have access to firearms because dealers were not required to wait for completed background checks

[WASHINGTON, D.C.] - U.S. Senator Tammy Duckworth (D-IL) and U.S. Senate Democratic Whip Dick Durbin (D-IL) joined U.S. Senator Richard Blumenthal (D-CT) with 23 of their Senate Democratic colleagues in introducing legislation to close a current loophole that allows firearm sales to proceed if a background check is not completed within a certain time period, even if the buyer is not legally allowed to purchase a firearm. The gap in existing law has allowed thousands of firearm sales to prohibited buyers, including the sale of the firearm used by the shooter in the deadly attack at Charleston's Emanuel AME Church.

"It's just common sense that if you can't pass a background check, you shouldn't be able to purchase a firearm-and the vast majority of Americans agree," said Duckworth. "This legislation will help us close this senseless loophole and help keep weapons out of the hands of those who shouldn't have them. Enough is enough."

"We have seen the tragic consequences when guns end up in the hands of prohibited buyers because a background check was not able to be completed in time. The Background Check Completion Act would finally ensure that no one will be able to purchase a firearm from a gun dealer without first passing a background check," said Durbin. "It's long past time that we fixed this loophole."

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 firearm. If this process takes longer than 72 hours for those 21 years of age or older, or 10 days for those under 21, firearm dealers can complete the sale even though there is a heightened risk that the purchaser is legally disqualified from purchasing a firearm.

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

Along with Duckworth, Durbin and Blumenthal, the Background Check Completion Act is also cosponsored by U.S. Senators Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Cory Booker (D-NJ), Lisa Blunt Rochester (D-DE), Chris Coons (D-DE), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie K. Hirono (D-HI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Adam Schiff (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR).

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

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