Congressman Jim Clyburn’s bill to close the “Charleston breach” by extending the time frame for FBI background checks on arms purchases passed the House on March 11 and heads for an uncertain future in a Democratic-majority Senate closely controlled.
The 219-210 vote in favor of the “Enhanced Background Checks Law” was a turning point in the majority’s whip career in the House. This was the fourth time that he presented the bill since Dylann Roof shot nine black parishioners at Charleston’s Emanuel AME Church in 2015.
The Democratic Congresswoman from Columbia, whose district includes parts of Charleston, has a mission to pass a measure that would work to prevent similar tragedies since then.
Clyburn said in a subsequent statement that approval of the bill in the House helps bring some peace to families who lost loved ones in Emanuel’s shooting.
“I am thrilled today by Emanuel Nine’s families and friends, several of whom were my constituents,” said Clyburn.
“They have been waiting for years to see the ‘Charleston Loophole’ closed,” he added. “Today’s vote takes us one step closer to making gun ownership safer.”
Rep. Brian Fitzpatrick, R-Pa., And Rep. Chris Smith, RN.J., crossed party lines to vote on the expanded background checks.
Representative Jared Golden, D-Maine, and Representative Ron Kind, D-Wis., Opposed Clyburn’s bill. One member of each party did not vote.
If approved by the Senate and sanctioned by President Joe Biden, Clyburn’s bill would give police officers 10 days to complete a background check before a gun can be purchased – instead of the current three days.
If the review is not completed on time, it will be processed for up to an additional 20 days. The buyer could then request a faster review to initiate an FBI investigation.
In 2005, Roof went to buy a gun legally at a Midlands store. The sale should not have taken place because he was legally prohibited from buying the gun, but his background check did not find an arrest report indicating his use of drugs.
As the background check was not completed after the three-day waiting period, Roof was able to obtain a .45 caliber Glock pistol, which he used in the attack.
Clyburn and his supporters say that if the government had extended the deadline for background checks on guns, Roof would not have been able to buy a gun, given his criminal record.
Roof was convicted on 33 federal charges, including hate crimes and religious rights violations, and sentenced to death. He was sentenced in state court to nine consecutive life sentences, plus 90 years for homicide, attempted murder and assault by firearm.
A similar arms effort was passed in the House in 2020 by a 228-198 vote, but was thwarted at the time by the Republican-controlled Senate.
The “Enhanced Background Checks Act” is part of a package of two arms reform bills. The other project, approved at 227-203, was created to ensure that background checks also cover private and online sales that often go unnoticed, such as at gun shows.
During a press conference on March 11, Senate majority leader Chuck Schumer, D-New York, said he will do everything he can to get the bills approved and arrive at Biden’s desk.
“Maybe we can get the votes and if we don’t, we will meet like a caucus and find out how we are going to do that,” said Schumer. “We have to do this for the love of the American people.”
The bill needs significant bipartisan support to reach the White House. Schumer will have to keep all Democratic votes and win at least 10 Republicans to pass the measure.
The National Rifle Association, an arms rights advocacy group, has been a staunch opponent of measures to close the “Charleston gap”, as well as other background check reforms. They point out that it was an error in the process that led to the purchase of the Roof.
“The Charleston case would not have been hindered by the lengthening of the three-day procedure for the provision of sale,” says a post on the arms lobby website. “Rather, it would result in arbitrary delays that affect the rights of millions of people every year and make it more difficult for law-abiding Americans to defend themselves and their families.”
Republican Party critics of the bill say it is a violation of Second Amendment rights. US Congresswoman Nancy Mace, R-Charleston and Senator Lindsey Graham, RS.C., supported the projects while Emanuel followed, but would not extend the deadline for completing background checks.
Their respective bills would increase the amount of data that could be made available to the national criminal record check system, which they believe prevented Roof from obtaining the firearm.
“This is a problem that I am deeply concerned about, but we must focus on solutions that really solve the problem,” said Mace in a statement. “The ‘Charleston Breach’ legislation would never have prevented Mother Emanuel’s mass murderer from obtaining a firearm.”
While the bill faces a difficult road in the Senate, its approval in the House was significant for the relatives of those who were killed in Emanuel.
Reverend Sharon Risher, whose mother died in the shooting, said she watched the bill pass on TV. She said it brought her peace to know what reforms are coming up with the tragedy.
“It’s a win,” said Risher. “Because now I believe that the deaths of the nine souls mean more than just being killed. And now, we just have to work hard to let all senators know how passionate we are and how it can save other people’s lives. “