**Rep. Kuster also voted to pass legislation to close the so-called “Charleston Loophole”** 

Washington, D.C. – Today, Congresswoman Annie Kuster (NH-02) voted in favor of the Bipartisan Background Checks Act of 2021 (H.R. 8) to require federal background checks for all gun sales and the Enhanced Background Checks Act of 2021 (H.R. 1446) to close the so-called “Charleston Loophole” which allows gun sales to proceed if background checks are not completed within three days. Rep. Kuster voted for both of these gun safety bills during the 116th Congress.

“I am a strong supporter of Second Amendment rights and respect our tradition of safe, legal firearm ownership in New Hampshire. This legislation expands background checks for gun sales while respecting the rights of lawful gun owners,” said Rep. Kuster. “The vast majority of Americans support universal background checks for all gun purchases and this commonsense policy will help to prevent gun violence in schools, places of worship, and communities across our country.” 

“Both of these gun safety bills aim to prevent senseless tragedies and ensure that dangerous firearms don’t end up in the hands of criminals, including those with a violent history of domestic abuse,” Rep. Kuster continued. “I’m proud to stand with my colleagues on both sides of the aisle in supporting the Bipartisan Background Checks Act. I am especially proud to stand with Majority Whip Jim Clyburn of South Carolina in supporting the Enhanced Background Checks Act to close the ‘Charleston Loophole’ and prevent heartbreaking incidents like the 2015 mass shooting at Mother Emanuel Church where nine worshippers including the pastor were murdered during Bible study. I urge the Senate to act on this legislation on behalf of the American people.”

The Bipartisan Background Checks Act of 2021

• Straightforward legislation to ensure that individuals already prohibited from gun possession under federal law, such as felons and domestic abusers, are not able to obtain firearms by closing a dangerous background check loophole.
• This dangerous loophole in federal gun laws exempts unlicensed gun sellers – people who sell guns online, at gun shows, or person-to-person without a federal dealer’s license – from having to perform any background check whatsoever before selling a firearm. 
• The bill would require a background check for every gun sale or transfer, with some carefully defined exceptions such as gifts to family members and temporary transfers for purposes such as hunting, target shooting, and self-defense.
• Federal law already requires licensed gun dealers to conduct background checks on gun purchasers or transferees. H.R. 8 extends the requirement of background checks to unlicensed gun sellers. Under H.R. 8, unlicensed gun sellers would meet their buyers at a licensed gun dealer, who would run a background check using the same process already used for sales from their own inventory.

The Enhanced Background Checks Act of 2021

• This commonsense bill would address the so-called “Charleston Loophole,” which currently allows the sale of a firearm to proceed if a background check is not completed within three business days.
• The legislation provides the FBI with crucial additional time to complete a background check on a potential firearms purchaser before a licensed dealer can transfer a gun.
• The bill takes several steps in extending the time allowed for the FBI to complete a background check.
• First, the bill extends the initial background check review period from 3 business days to 10 business days.
• After the initial 10 business day period, if a background check has not been completed, a purchaser may request an escalated review by the FBI.
• This request for an escalated review will trigger a more intensive FBI investigation, designed to resolve the case within an additional 10 business day period. If the additional 10 business days elapse without a response from the National Instant Criminal Background Check System (NICS) system, then the dealer may sell or transfer the gun to the purchaser. Transactions for prospective purchasers who do not request an escalated review will not proceed until the case is resolved.

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