A group of Democratic lawmakers on Capitol Hill is pushing for a new federal law to force background checks on all firearm sales nationally, no matter how long it takes. 

Sen. Richard Blumenthal (D-Conn.) led a pack of 25 other senators, all Democrats and one Independent, in a renewed push to close the so-called “Charleston loophole” via the Background Check Completion Act (S.3458).

Currently, there is no technical federal law requiring a waiting period for a firearm purchase. After a buyer purchases a gun from a Federal Firearms License holder, they only need approval via the FBI’s National Instant Criminal Background Check System. If there is no response from NICS within three days, the purchase is allowed to proceed by default.

However, states have long imposed their own measures, with many already mandating a “cooling-off” period that extends even after the background check is completed and passed. California, for instance, has a mandatory 10-day waiting period for all firearm purchases. That extra time is for background checks and “reflection time.”

The supposed “Charleston loophole” refers to a 2015 church shooting in which the offender was clearly barred from owning a firearm. That individual admitted to having a disqualifying drug conviction, but the government failed to follow its own laws and complete the required background check via NICS. 

Less of a loophole and more of a safety valve against government overreach, Blumenthal and his allies would extend the waiting period indefinitely with the Background Check Completion Act. Instead of a three- or 10-day waiting period, the effective amount of time the government could delay a transfer to a law-abiding gun buyer would be indefinite. 

Thus, the act would open the doors for unrestrained “administrative” delays on any and all gun purchases occurring through an FFL. 

“This loophole is a massive gateway to dangerous evasion of the background check rules,” said Blumenthal, as though criminals are currently slipping the U.S. government palm fulls of cash to delay their background checks. “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.”

Naturally, the new restrictions are backed by all the nation’s leading anti-gun groups, including Brady, Giffords, and billionaire businessman Michael Bloomberg’s Everytown for Gun Safety.