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: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

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.