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
Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

News  

Monday, December 23, 2024

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

No, that is not a headline from a satirical news site. Indeed, it may come as a surprise to many (and perhaps even to the man himself), but Joe Biden has in two short days ...

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

News  

Monday, December 23, 2024

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

Last February, we reported on the judicial equivalent of a temper tantrum emanating from the Hawaii Supreme Court over the U.S. Supreme Court’s Second Amendment jurisprudence. 

EXPLORE Act Heads to Joe Biden’s Desk with Strong Bipartisan Support

News  

Monday, December 23, 2024

EXPLORE Act Heads to Joe Biden’s Desk with Strong Bipartisan Support

The U.S. government manages approximately 28% of the nation’s landmass for purposes that include preservation and development of natural resources and outdoor recreation. 

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Young Guns: Poland, Argentina Reconsider Rules on Youths and Firearms

News  

Monday, December 23, 2024

Young Guns: Poland, Argentina Reconsider Rules on Youths and Firearms

Poland has reportedly become the first European Union (EU) country to make training in firearms compulsory for school students

North Dakota: State Supreme Court Strikes Down Home Firearms Sales Ban in Fargo

Monday, December 23, 2024

North Dakota: State Supreme Court Strikes Down Home Firearms Sales Ban in Fargo

On Thursday, December 19th, the North Dakota Supreme Court upheld a lower court decision to dismiss a lawsuit brought by the city of Fargo against the state legislature to block House Bill 1340, a bill passed in ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

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.