The Brady Check Loophole Isn't

July 13th, 2015

Let's see if we can get this straight.  A loophole is defined as, "an error in the way a law, rule, or contract is written that makes it possible for some people to legally avoid obeying it."  If somebody writes a law with a specific exemption, that exemption doesn't qualify as a loophole.

The Brady Act regulates background checks on retail sales of firearms. Sarah Brady helped author and promote the law. She knows full well what's in it.*

The Charleston shooter purchased a firearm at retail.  He lied on the form by failing to disclose he was an unlawful user of drugs.  Since the FBI dropped the ball when they should have entered his indictment into the NICS system, his purchase was not denied.

It was delayed, but the gun was released after three business days.  That's protocol.  Why?  Without it, a delay could be made indefinite.  3 business days is plenty of time for the folks at the Clarksburg office to check someone against the disqualified persons database.

The Brady Campaign consented to that 3-day limit when they pushed their bill through committee.  By crying loophole now, they are quite simply lying.

* 18 USC § 922(t)(1)(B)(ii)

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