Schneider Amendment to Enhance Transparency on Gun Sales Passes House in Bill Closing “Charleston Loophole”
Schneider amendment incorporated in this week’s second major gun violence prevention legislation to pass House after decades of inaction
Today, the U.S. House of Representatives voted to pass an amendment offered by Congressman Brad Schneider (IL-10) to bring needed transparency to the issue of "default proceed sales," and produce data that will help efforts to keep firearms out of the hands of convicted felons, domestic abusers, and others who are prohibited by law from buying a gun.
Under current law, 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. Equally troubling, the FBI has no way of knowing if the sale was made unless they eventually complete the background check and then contact the dealer.
The Schneider Amendment would bring crucial transparency by requiring the FBI to report on the number of background checks that they are not able to complete within the designated time period. The Amendment was incorporated into H.R. 1112, the Enhanced Background Checks Act of 2019, which also passed the House today. This bipartisan legislation extends the initial background check review from three to ten business days; if the initial review is not completed at that point, a prospective purchaser can request an escalated review by the FBI that would run for another ten business days. The bill gives the FBI more critical time to complete a background check before a gun sale can go forward.
In remarks on the House floor, Schneider said, "This amendment will help keep track of the FBI's ability to clear background checks in a timely manner, as well as give a better understanding of where there is still room for improvement. All who support commonsense solutions to reduce the gun violence epidemic in this country should support this amendment and the underlying legislation."
The Schneider Amendment passed by a vote of 282-144, which included the support of 49 Republican Members of Congress.
"Default proceed" sales have a deadly history. Despite a previous arrest, Dylann Roof was sold the handgun he used to kill nine churchgoers at Emanuel African Methodist Episcopal Church in Charleston under such a sale because the FBI could not acquire his relevant court records within three business days.