HR 1446 : Enhanced Background Checks (Expands Charleston Loophole From 3 to 10 Days)

Position: Support Status: Received in the Senate

This bill revises background check requirements applicable to proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.

Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)

If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.

Update

May 28, 2021

03/11/2021 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77). 03/01/2021 Introduced in House by Rep. Clyburn, James E. [D-SC-6] This bill has 165 cosponsors (165 D)

This bill would expand the amount of time to complete a background check from 3 to 10 days. Ceasefire Oregon recommends that firearm sales or transfers are not completed until a background check is complete but this bill is an improvement on the current law.

The bill is cosponsored by Oregon Congresspeople Suzanne Bonamici, Earl Blumenauer, and Peter DeFazio.

Kurt Schrader has not cosponsored or shown support for this bill.