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
Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

U.S. House Removes Anti-Hunting Language from Farm Bill

News  

Monday, April 20, 2026

U.S. House Removes Anti-Hunting Language from Farm Bill

Last week, legislators on Capitol Hill delivered a significant victory for hunters and Second Amendment supporters by securing a critical fix to the House Farm Bill (Farm, Food and National Security Act of 2026).  

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

News  

Monday, April 20, 2026

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

The decades long discriminatory tension between the financial sector and the firearm industry underwent a positive shift with a final rule published on April 10 by the Office of the Comptroller of the Currency (OCC) and the ...

Swalwell’s Career Gets Nuked

News  

Monday, April 20, 2026

Swalwell’s Career Gets Nuked

One of the most rabidly anti-gun U.S. representatives, Eric Swalwell (D-Cal.), resigned from office last week under a disturbing cloud of accusations. These allegations included claims of sexual misconduct, and even sexual assault.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

Maryland:  Legislature Adjourns Sine Die from 2026 Session

Friday, April 17, 2026

Maryland: Legislature Adjourns Sine Die from 2026 Session

This week, the Maryland General Assembly adjourned sine die for the 2026 session.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Nebraska: Legislature Adjourns Sine Die

Monday, April 20, 2026

Nebraska: Legislature Adjourns Sine Die

Today, the Nebraska Legislature adjourned Sine Die, officially concluding the 2026 Legislative Session. During this session, lawmakers considered several measures impacting the rights of law-abiding gun owners, including LB 1237.  

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.