The Patriot Post® · Clyburn Proposes Bad Bill 'Fixing' Gun 'Loophole'

By Nate Jackson ·

It wasn’t long after the murderer in Charleston had committed his heinous crime that some leftists worried about the gun law “loophole” that allowed him to purchase a firearm. Of course, it wasn’t a loophole; it was human error. But when have Democrats ever let facts get in the way of a gun control proposal? Rep. James Clyburn (D-SC) took the lead on introducing a bill to close that supposed loophole — specifically the “default proceed” option for a Federal Firearms License (FFL) holder to sell a gun if no background flags come up. The NRA-ILA explains, “The National Instant Criminal Background Check System (NICS) was designed to be just that: instant. Recognizing, however, that some determinations might require additional research to resolve authoritatively, the law states that if an immediate answer is not available, the transfer must be put on hold for three business days to give the FBI more time to research the matter. After the three days, the FFL has the option to release the firearm to the buyer or transferee, so long as the FFL has no other reason to believe the person is prohibited from possessing it. The FBI will then continue trying to resolve the case for up to 90 days. If it turns out the recipient is determined to be prohibited, the FBI queries the dealer to see if the firearm was transferred. If so, the FBI notifies the BATFE, so appropriate action can be taken (for example, confiscation of the firearm and prosecution of the illegal possessor, if appropriate).” In other words, there was plenty of time for the system to work, and Clyburn’s bill wouldn’t fix what didn’t work — namely human error.