Explore The NRA Universe Of Websites

APPEARS IN News

Senate Gun Control Package Creates De Facto Waiting Periods

Wednesday, June 22, 2022

Senate Gun Control Package Creates De Facto Waiting Periods

Current Law

Most law-abiding Americans over the age of 18 enjoy the right to purchase a firearm from a Federal Firearms Licensee (FFL or gun dealer) following an instant background check through the FBI’s National Instant Background Check System (NICS). A minority of law-abiding adults, who may share personal characteristics with a prohibited person (name, physical description, etc.) or have a non-prohibiting record within the system, are delayed from purchasing a firearm while further research is conducted. In the case of a delay, the FFL may transfer the firearm to a prospective purchaser after 3 business days have elapsed since the background check was initiated, which ensures the government cannot arbitrarily deny a law-abiding individual’s Second Amendment rights by delaying the transfer in perpetuity.

Senate Gun Control Package

The Senate gun control package would eliminate the instant check for adults ages 18-20. Moreover, in practice, the scheme would place a 3 to 10-business day waiting period on these adults purchasing shotguns and rifles.

Under the legislation, when an FFL contacts the NICS to run a background check on a purchaser under the age of 21, the NICS would be required to contact additional state and local government agencies in the prospective purchaser’s jurisdiction before approving the firearm transfer. This includes the state agency responsible for juvenile criminal justice records, the state custodian of mental health records, and the “local law enforcement agency of the jurisdiction in which the person resides.”

These queries take time. Further, unlike the NICS, these state and local agencies are not necessarily designed or equipped to handle these types of requests in an instant or even timely fashion. Therefore, no law-abiding 18-20-year-old adult would experience an instant background check.

While the firearm transfer is supposed to be approved as soon as these state and local agencies respond to the NICS query, the legislation grants the NICS 3 business days to perform these checks. Given the obvious problems attendant the interaction of federal, state, and local bureaucracies, these gun buyers should expect to wait a minimum of 3 business days for a firearm purchase.

Worse, the legislation demands that the NICS extend the 3-business day check period to 10 business days (two full weeks) if “cause exists to further investigate a possibly disqualifying juvenile record.” The requisite “cause” to prompt the 10-business day waiting period is not defined by the legislation.

The Biden Department of Justice, led by anti-Second Amendment Attorney General Merrick Garland, would be tasked with determining what constitutes “cause” to trigger the 10-business day waiting period. It is reasonable to believe that this may include any record of juvenile disciplinary action (no matter how minor), personal characteristics similar to a known prohibited person, or even something as simple as the prospective purchaser’s local sheriff’s office failing to respond the NICS’s request for information.

Both President Biden and Attorney General Garland have advocated for gun control and expressed doubt as to whether the Second Amendment protects an individual right to keep and bear arms. Gun owners have every reason to believe that the already problematic language of the Senate gun control package would be interpreted in a manner to prevent the lawful exercise of the Second Amendment right.

TRENDING NOW
Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Rhode Island:  Extreme Gun Bill Package Threatens Every Ocean State Gun Owner

Thursday, April 9, 2026

Rhode Island: Extreme Gun Bill Package Threatens Every Ocean State Gun Owner

On Wednesday April 8, the House Judiciary Committee had a lengthy hearing with 17 bills on the agenda, the vast majority of which were anti-gun.

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

News  

Monday, April 6, 2026

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

Gun rights supporters know that civilian disarmament advocates have long employed dubious social “science”/public “health” research in their mission to strip Americans of their Second Amendment rights.

Rhode Island:  Senate Judiciary Committee Resumes Second Amendment Attack Next Week

Saturday, April 11, 2026

Rhode Island: Senate Judiciary Committee Resumes Second Amendment Attack Next Week

Rhode Island gun owners will have the weekend to catch their breath before having to return to Providence early next week to resume the fight for their Second Amendment rights.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.