The Idiocracy of the "Charleston Loophole" Bill, Enhanced Background Checks Act of 2021 HR 1446

Published on March 4, 2021
Duration: 9:37

Colion Noir, an expert firearms instructor, critically analyzes H.R.1446, the Enhanced Background Checks Act of 2021, often referred to as the 'Charleston Loophole' bill. He argues the bill, while presented as a safety measure, primarily extends the FBI's background check delay period from three to twenty days, potentially creating a 'government incompetence' loophole rather than closing a genuine one. Noir emphasizes that the original three-day period was a safeguard against arbitrary denials, and extending it exploits tragedies like the Charleston church shooting to grant more power to the government, infringing upon Second Amendment rights.

Quick Summary

Colion Noir explains that H.R.1446, the Enhanced Background Checks Act, extends the FBI's firearm background check period from 3 to 20 days. He argues this addresses government incompetence, not a true 'Charleston Loophole,' and criticizes the bill for exploiting tragedies to expand government power over Second Amendment rights.

Chapters

  1. 00:00Gun Store Background Check Process
  2. 00:26Enhanced Background Checks Act of 2021 Explained
  3. 00:58The Charleston Loophole's Flaw
  4. 01:54Original Law as a Deliberate Safety Measure
  5. 02:18Potential Long Term Effects of Extended Delays
  6. 02:47Critique of FBI Human Error vs. 'Loophole'
  7. 03:43Misdemeanor Doesn't Disqualify for Purchase
  8. 04:24Call to Action: Contact Congress
  9. 05:19Closing Remarks on Rights and Safety

Frequently Asked Questions

What is the 'Charleston Loophole' and how does H.R.1446 address it?

The 'Charleston Loophole' refers to the delay in background checks that allowed Dylann Roof to legally purchase a firearm. H.R.1446, the Enhanced Background Checks Act of 2021, aims to close this by extending the FBI's background check period from three days to twenty days, though critics argue this addresses government incompetence rather than a true loophole.

Does H.R.1446 make a misdemeanor drug arrest a disqualifier for firearm purchase?

No, H.R.1446 does not change the federal standard. Federal law requires an 'unlawful user' of controlled substances to be disqualified. A single misdemeanor arrest for possession is generally not considered sufficient to meet this strict legal definition, as interpreted by federal courts.

What is Colion Noir's main criticism of the Enhanced Background Checks Act of 2021 (H.R.1446)?

Colion Noir argues that H.R.1446 exploits tragedies like the Charleston shooting to expand government power by extending background check delays. He contends the bill addresses government incompetence rather than a genuine loophole and poses a threat to Second Amendment rights by increasing potential for arbitrary denials.

What was the original purpose of the three-day background check delay period?

The original three-day period for firearm background checks served as a crucial safeguard. It prevented the FBI from indefinitely delaying a firearm transfer without cause, ensuring that Second Amendment rights were not arbitrarily infringed upon by bureaucratic inaction.

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