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Congressman Tom McClintock

Representing the 4th District of California

The Perpetual Application

March 10, 2021
Speeches

Congressman McClintock delivered the following reamrks on the House floor in oppositon to HR 1446:

The Perpetual Application
In Opposition to HR 1446
March 10, 2021

Mr. Speaker:

          What is the so-called Charleston Loophole?  It is a provision that gives the FBI three days to provide a background check for a citizen to buy a gun.  Three days for a background check doesn’t seem unreasonable since a credit check takes about three seconds. 

          If the FBI fails to give a clear YES or NO in three days, the sale can proceed.  That protects our second amendment right from arbitrary denial by inaction.   That clearance is good for 30 calendar days from when you began the transaction.

          This bill replaces this 3-day limit with a multi-stage bureaucratic review process that can span up to 20 BUSINESS Days.

          It’s really quite clever.  Your clearance is good for 30 CALENDAR days from the day you began the transaction, but clearance can be delayed for 20 BUSINESS Days. 

          So, say you applied on January 15th of this year.  20 BUSINESS days takes you to February 16th.  By then, your purchase window will have expired two days earlier, on February 14th.   You have to start the process over, applying for a new background check in a perpetual cycle.  

          Would a government abuse its citizens like this?  Perhaps we should ask Lois Lerner or Andrew McCabe.