In all, 1,002,274 background checks — or 4.2 percent — took longer than three business days in 2020 and 2021, a higher share than any other period since at least 2014, according to data compiled by NBC News. After the third business day, federal law allows dealers to sell weapons while the background check is still pending, which potentially puts weapons in the hands of people who can’t legally own a gun because of mental illness or their criminal history.
The FBI ultimately completed about one-fourth of those delayed background checks and discovered that 11,564 people were able to buy guns in 2020 and 2021 before the check showed that they should not have been allowed to do so, according to the FBI report. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives then had to retrieve the weapons.
But that number only accounts for a fraction of the delayed background checks. The FBI never completed 734,604 checks from January 2020 through November 2021, the most recent data available, because they took longer than 88 days — after which the bureau must stop its research and purge the unfinished checks from its system.
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