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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

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

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Thursday, November 20, 2025

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Recently, Governor Mike Kehoe signed a proclamation designating November of 2025 as Wild Game Meat Donation Month in Missouri.

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.