WASHINGTON, D.C. — Senator Adam Schiff (D-CA) has joined Senator Richard Blumenthal (D-CT) and 24 other Senate Democrats in introducing the Background Check Completion Act — legislation aimed at closing what gun control advocates call the “Charleston loophole.” This proposal, also known as the “No Check, No Sale” bill (S.3458), would block all firearm sales through federally licensed dealers unless a background check is fully completed, regardless of how long it takes.
Under current federal law, the National Instant Criminal Background Check System (NICS) allows licensed dealers to proceed with a sale if a background check has not been completed within three business days for buyers over 21, or ten business days for those under 21. The new bill seeks to eliminate that default proceed safeguard, effectively halting firearm transfers indefinitely until federal agencies finalize a check — no matter how delayed.
Blumenthal and Schiff argue this change is necessary to prevent firearms from reaching prohibited individuals.
“If you haven’t passed a background check, you shouldn’t be able to purchase a weapon. No check, no gun. It’s really that simple,” said Blumenthal.
Supporters cite the 2015 shooting at Emanuel AME Church in Charleston, South Carolina — where the attacker obtained a firearm after a delayed background check — as justification for the bill. Schiff added, “We can and must pass commonsense measures like this bill to save lives.”
But the legislation has a critical flaw: while it may be framed as “commonsense,” it strips a key protection for law-abiding citizens. The original three-day default proceed rule was deliberately built into the 1993 Brady Act as a safeguard against bureaucratic delay or political abuse. Without it, the federal government could effectively halt gun sales across the country simply by slowing or stalling the background check system — either intentionally or through inefficiency.
According to 2024 data cited by Blumenthal’s office, 2,758 guns were sold to individuals who were later determined to be prohibited from owning firearms. However, this represents a tiny fraction of the nearly 13 million background checks conducted that year, suggesting that the vast majority of delayed checks were ultimately approved.
The bill, introduced December 11, 2025, has been endorsed by several national gun control organizations including Everytown for Gun Safety, Giffords, Brady, Sandy Hook Promise, and Newtown Action Alliance.
A companion bill has also been introduced in the House by Rep. James Clyburn (D-SC).
Implications for Gun Owners
This legislation disproportionately burdens legal buyers while doing little to deter actual criminals, who rarely obtain firearms through licensed dealers or background checks in the first place. By removing the default proceed safeguard, the bill risks becoming a tool for de facto gun purchase delays — or outright denials — with no due process.
Background checks are a part of the current firearm purchase system, but they should not be used to delay or deny lawful gun ownership due to government inefficiency or intentional obstruction. If the government fails to do so, it should not have the power to indefinitely suspend a citizen’s constitutional rights. As history has shown, default delay mechanisms can quickly become default denials when left unchecked.
Instead of targeting lawful citizens and gun dealers who follow the rules, Congress should focus on fixing inefficiencies within NICS and ensuring timely processing — not undermining lawful purchases.
