[Congressional Record Volume 169, Number 103 (Tuesday, June 13, 2023)]
[House]
[Page H2817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1015
         REMEMBERING THE VICTIMS OF EMANUEL AME CHURCH MASSACRE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
South Carolina (Mr. Clyburn) for 5 minutes.
  Mr. CLYBURN. Mr. Speaker, I rise today to announce that I have just 
filed a discharge petition on the resolution providing for the 
consideration of H.R. 2403, the Enhanced Background Checks Act of 2023.
  Saturday, June 17, will mark 8 years since the massacre at one of the 
country's most historic churches, Emanuel AME Church in Charleston, 
South Carolina.
  That racially motivated attack took nine parishioners' lives and 
injured three others as they participated in a Bible study. It also 
exposed a loophole in our firearm background check system known as the 
``Charleston loophole,'' that allows individuals to purchase firearms 
prior to an approval of their background check.
  Tragically, that very loophole enabled the gunman, who I might add 
was not eligible to purchase a firearm, to acquire a firearm and commit 
that horrendous act.
  The Brady Act mandates criminal background checks for all gun sales 
at licensed firearm dealers through the National Instant Criminal 
Background Check System, NICS. Though most checks process within 
minutes, and 97 percent are completed within 3 business days, if NICS 
has not completed its background check in 3 days, regardless of the 
reason, the dealer can proceed with the firearm sale.
  In Charleston, just because a gunman's background check had not been 
completed within the 3 days, the shop had already sold the gun before 
he was deemed to be ineligible.
  Every year, thousands of weapons are purchased through this loophole 
that otherwise should be prohibited due to criminal records or other 
factors--more than 5,200 in 2021 alone. Though this problem was 
discovered too late for the 12 victims at the Emanuel AME Church, we 
must narrow this loophole to prevent future tragedies.
  Since 2015, I have introduced the Enhanced Background Checks Act, and 
it passed the House in the 116th and 117th Congresses. This bill 
provides the FBI with crucial additional time to complete the 
background check on a potential firearms purchaser before a licensed 
dealer can transfer a gun.
  If a background check has not been completed after 10 business days, 
a purchaser may request an expedited review by the FBI. This request 
for an expedited 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 
NICS system, only then may the dealer sell or transfer the gun to the 
purchaser. Transactions for prospective purchasers who do not request 
an expedited review cannot proceed until their background check is 
resolved.
  While I would hope that House Republican leadership would recognize 
the harm caused by the Charleston loophole and would bring this bill to 
the floor for a vote, this discharge petition would make that happen 
even if they remain unwilling. With strong support in the Democratic 
Caucus, we just need a handful of Republican colleagues willing to put 
partisanship aside and do the right thing for the American people.
  I would respectfully ask that they reflect upon the nine parishioners 
who lost their lives at Emanuel AME Church 8 years ago. I hope they 
will conclude that to prevent lives from being needlessly lost in the 
future, they must ensure that the Enhanced Background Check Act of 2023 
be enacted into law to finally close the Charleston loophole. That 
starts with signing this discharge petition.
  Madam Speaker, I close my comments by indicating that on Saturday, 
while I will be pausing in the morning to say a prayer for the families 
of these nine souls, I will go to Bethel AME Church in Columbia to 
celebrate the homegoing of Ms. Elise Martin, who when she lived in 
Charleston and came into my life, often worshipped at Emanuel AME 
Church.
  Fortunately, the good Lord allowed her to live for 108 years. The 
pastor of Emanuel AME Church lost his life.

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