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
The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

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.