What is the Charleston Loophole?

In an effort to retain the rights of the people, The ATF and DOJ issued a regulation under Title 27 CFR 478.102(a)(2) many years ago that gives the Licensed Dealers the option, NOT the obligation, to be able to transfer a firearm after three BUSINESS days have elapsed after no response from NICS/FICS background check system.  Remember this is written with specific legal language that states the following: 

"A licensee MAY transfer a firearm to a transferee as soon as he or she receives a “proceed” from NICS (assuming that the transaction would be in compliance with state law). However, if the licensee does not receive a final “proceed” or “denied” response from NICS, he or she must wait until 3 BUSINESS days have elapsed prior to transferring the firearm."

The emphasis is on the words MAY TRANSFER. It does not say shall transfer. This gives dealers the option to transfer the firearm after three business days. Business days are referred to days of the week when the government is open. In a hypothetical situation, if you were to purchase a firearm and be entered into the background check system on a Monday you would be eligible to pick it up on Friday if, and only if, the licensed dealer is willing to do the transfer within the allowable means of Title 27 CFR 478.102(a)(2). 

Armac Tactical's Stance on 478.102(a)(2):

It has always been our Policy at Armac Tactical, LLC to transfer upon receiving approval from the State of Oregon. We've stuck to this policy since day one due to the nature of our business and for the safety of the public and first responders being at the forefront of our minds.  We understand the urgency to purchase and transfer firearms in a timely manner. We have made a decision to apply this regulation to our business practice at our sole discretion during this time as it is an emergency situation with exigent circumstances. We are considering applying this regulation on a case by case basis. We are trying to do our best to use our discretion and investigative skills in order to have an impact on the public safety and safety of our first responders. 

Being a former Law Enforcement professional in the Crime Scene Investigation field, I have always wanted to do my part in helping ensure the safety of our first responders. We will continue to strive to do our best in getting you your purchases in the most timely manner possible. 

Thank you all for your continued support in this journey during this uncertain time. We appreciate your efforts in helping us at the shop. We appreciate your gratitude towards our family. Your generous efforts from bringing coffee, food, treats, and even manual labor to help break down boxes, move products and so much more have not gone unnoticed. It’s all of our efforts from our staff and YOU that make this one great family. Thank you and we will continue this fight as one united family of patriots. 

- Ryan McNamara

President/CEO