Measure seeks to address gun sales loophole

U.S. Rep. Brad Schneider (D-IL) announced the reintroduction of the Default Proceed Sale Transparency Act, which seeks to close a loophole enabling some gun sales to be completed without Federal Bureau of Investigation (FBI) background check results.

U.S. Reps. Mike Quigley (D-IL), Jimmy Panetta (D-CA), and Ted Deutch (D-FL) served as the legislation’s original co-sponsors.

“In the wake of deadly mass shootings, Americans are crying out for Congress to take any meaningful action when it comes to preventing gun violence,” Schneider said. “It should concern all of us that hundreds of thousands of guns are sold annually before the results of a federal background check are returned. Americans are justifiably outraged our laws allow this absurd loophole. While the gun lobby has stalled efforts to close this loophole, there are common sense, incremental steps we can take today to ensure the default proceed sale process is safer and more transparent.”

Currently, federal firearm licensees (FFLs) may automatically go forward (“default proceed”) with the sale of a firearm if an FBI background check is not completed after three business days – adding the FBI has no way of knowing if the sale was made unless they eventually complete the background check and then contact the dealer.

Bill provisions include requiring FFLs to report to the FBI when they sell a firearm to someone whose background check was not completed; directing the FBI to prioritize completion of background checks for these default proceed sales; and prohibiting the destruction of open National Instant Criminal Background Check System (NICS) records which currently must be destroyed if a background check is not completed in 88 days.