Explore The NRA Universe Of Websites

APPEARS IN News

Biden’s FBI Boasts About its Young Adult Waiting Period

Monday, April 1, 2024

Biden’s FBI Boasts About its Young Adult Waiting Period

When it comes to law-abiding adults ages 18-20, the FBI’s National Instant Criminal Background Check System (NICS) should be renamed the Never Instant Criminal Background Check System. An article posted to the FBI’s website on March 25 shows how the agency uses the ill-named Bipartisan Safer Communities Act of 2022 (BSCA) to impose a waiting period on young adult gun buyers.

Under the BSCA, when a Federal Firearms Licensee (gun dealer or FFL) contacts NICS to run a background check on a purchaser under the age of 21, NICS is 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 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. In fact, as made clear in the U.S. Supreme Court case Printz v. U.S. (1997), the federal government cannot compel the states to participate in its gun control regime at all. Therefore, no law-abiding 18-20-year-old adult experiences an instant background check.

Prior to the enactment of the BSCA, in cases where the NICS system flagged an individual as possibly having a prohibiting record, the FBI had 3-business days to determine whether the person was in fact prohibited before the firearm transfer was allowed to proceed. In the case of young adults ages 18-20, the BSCA demands that 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.

NRA-ILA warned gun owners and policymakers back in 2022 that the BSCA eliminated instant background checks for young adults and would be used by the Biden administration to create a waiting period regime. Despite the obvious implications of the bill, proponents of the BSCA claimed the gun control measure “does not create any mandatory waiting periods.”

According to the FBI, since the BSCA took effect over 200,000 young adults have been encumbered by the never-instant checks. The agency stated that the average waiting period for a law-abiding young adult to be cleared by the never-instant check is “about 4 days.”

Recall, the new under-21 background check procedure sends NICS on an open-ended fishing expedition for potentially prohibiting records – even when they don’t exist. Therefore, perversely, the system is quicker to deny gun purchasers - “about 2 days” – than to allow a lawful firearm transaction to proceed.

Aside from the waiting period, the BSCA background check scheme poses another threat to gun owners.

Federal law (18 USC 922) prohibits firearm possession by a person who “has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” Note the term “convicted.” Under a proper interpretation of federal law, many juvenile adjudications may not meet the criteria for a federal firearms prohibition.

As explained on a government website that describes the features of the juvenile justice system, the “process operates according to the premise that youth are fundamentally different from adults, both in terms of level of responsibility and potential for rehabilitation.” The juvenile system is typically more informal and less focused on procedural due process than the adult criminal justice system. Most states do not consider adjudications of delinquency in the same category as criminal convictions.

Of course, juvenile misbehavior varies in degrees. In most states, very serious behavior – homicides or assaults resulting in serious physical injury, for example – can lead to a juvenile being prosecuted in the adult criminal justice system, with all the usual consequences that implies.

Demanding federal bureaucrats delve into juvenile records that aren’t necessarily prohibiting under a proper interpretation of 18 USC 922 is an invitation to improperly delay or deny an individual’s Second Amendment rights.

As members of the political community, young adults ages 18-20 should have their right to keep and bear arms respected in the same manner as older adults. NRA-ILA will continue to work towards this goal.

TRENDING NOW
Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

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 ...

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.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

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 ...

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

News  

Monday, December 9, 2024

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

NRA-ILA routinely points out that it is more informative to watch anti-gun politicians and officials’ behavior than to listen to the platitudes they spew about enacting gun control to protect the public. 

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, ...

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.