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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.

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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. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

News  

Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

Thursday, March 19, 2026

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

After Phil Murphy signed NJ’s Carry Killer bill (A.4769), in a complete rejection of the Supreme Court’s holding in Bruen, the Attorney General’s Office elected to voluntarily release data relating to the number of carry permit applications, including ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Kansas: Senate Vote on State-Level Suppressor Bill TODAY

Wednesday, March 18, 2026

Kansas: Senate Vote on State-Level Suppressor Bill TODAY

Today, March 18th, the Senate will hold a floor vote on the Senate substitute for House Bill 2501, removing suppressors and short barreled rifles from the controlled weapons list at the state level.

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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.