Expect Background Check Delays As New Federal Gun Control Rolls Out 

in Authors, Current Events, S.H. Blannelberry, This Week
Expect Background Check Delays As New Federal Gun Control Rolls Out 

The Federal Bureau of Investigation (FBI) is advising Federal Firearms Licensees (FFLs) to expect delays to the background check system starting on Nov. 14 as new federal gun-control legislation takes effect. 

Passed by Congress in June of 2022, the Bipartisan Safer Communities Act (BSCA) implements all of the following:

  • Incentivizes states to adopt confiscatory “red flag” schemes 
  • Expands background checks for adults under 21 which may create delays
  • Makes changes to the definition of FFL, those “engaged in the business” of buying and selling firearms
  • Broadens “gun trafficking” offenses that could ensnare unsuspecting citizens 

The FBI is now saying that the expanded background checks for adults under 21 will, as expected, create delays to its National Instant Criminal Background Check System (NICS).  

The NICS website issues the following alert (emphasis added):

As a result of the passage of the Bipartisan Safer Communities Act (BSCA) of 2022, signed into law on June 25, 2022, the NICS Section has been working towards the implementation of an enhanced background check process for persons between the ages of 18-20. The enhancement provides the opportunity for additional outreach and research to be conducted regarding the existence of any juvenile adjudication information and/or mental health prohibition. As a result, transactions on persons between the ages of 18-20 will initially be delayed and the address of the individual will be collected so that the appropriate local and state entities may be contacted. The enhanced process will begin on November 14, 2022, for all transactions on persons under the age of 21 as previously described. Checks on persons under the age of 21 could be extended for a period up to ten business days. Therefore, it is possible for an FFL to be contacted with an updated Brady Transfer Date. As a temporary measure and until the NICS can be updated to provide this information electronically, NICS staff will be calling FFLs to advise of any change in the transfer date. In preparation for calls from NICS, you will be asked to verify your license number and code word. You may wish to have this information readily available for you and your staff. All descriptive information, including address, will follow normal purge requirements (i.e., deleted from NICS within 24 hours of the FFL receiving a proceed status.) Please note, if no potentially prohibiting information is located, the transaction will be proceeded as soon as possible.

Two Republican lawmakers, U.S. Senators John Cornyn (R-Texas) and Thom Tillis (R-N.C.), sent a letter to the Department of Justice (DOJ) and the FBI at the beginning of the month out of precaution.

SEE ALSO: The Problem With Universal Background Checks

Essentially, Sens. Cornyn and Tillis wanted to ensure these agencies were playing by the rules set forth in the BSCA, and that as it relates to NICS, there were no unnecessary delays.

“If, and only if, NICS notifies the FBI that a juvenile record requires additional investigation beyond three business days, the FBI is to conduct this investigation into the juvenile record “as soon as possible,” but in no case more than ten business days from the initial point of sale,” they write in the letter.

“It would violate the plain language of the statute if the FBI, as a matter of course, consistently takes an additional seven days to complete the investigation in situations where a specific juvenile record requires additional investigation,” they continue.

You can read the full letter below:

How bad will the delays be? We’ll have to keep a close eye on NICS starting on Nov. 14.

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

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  • Charles Louis Labianco November 12, 2022, 7:14 pm

    What do you know about the interstate commerce laws which are specifically related to guns? I will bet that you do not know one thing that I know, even if you know 100 things which I do not know! A challenge. The specific question is: Does the federal government have a right to regulate, hinder or control the movement or selling of guns between private, gun manufacturers of places in one state to places in another state. It is a trick question, prompted by the deceptions in USC relating to gun controls. email me when you have the answer.

  • Anthony November 12, 2022, 10:24 am

    If you want your gun deal with the procedure, so many cry me a river guys

  • Stan d. Upnow November 11, 2022, 4:04 pm

    Just the fact that those two Senators had to write that letter shows the inherent potential for the corrupt DOJ/FBI to use that law for pro-active gun control.

    “Oh, but if we turn you down, you have the right to appeal the decision.” (said with snickers)

    Yeah, sure. Have to hire a rip-off attorney and go through a 2-year, slow-walked legal process and spend thousands of dollars. Not happening for the average Joe…. and they know that.

    • DaveS November 11, 2022, 7:45 pm

      What is even more maddening is that the huge number gov’t lawyers, agents and all get their salaries from our tax dollars 🤬

  • krinkov545 November 11, 2022, 9:49 am

    Nice censorship Gunsamerica. Are you closeted lefties and admire the dunce Biden? Enjoy your eternity in everlasting flames just the Dunce and the demonrats. Their kind get exterminated at the second coming of Jesus Christ. Looks like idiots like you might be going too. I have zero sympathy for idiots like your kind. Enjoy the fire and say hi to Pete Nelson Shields and Sara Brady when get to hell.

  • krinkov545 November 11, 2022, 9:29 am

    Evil wicked slimeball Garland proved he’s anything but honorable!

    • Stan d. Upnow November 11, 2022, 4:08 pm

      Yeah, and just imagine the horror show if he had been confirmed to the SCOTUS! We dodged a bullet with that one. Only decent thing The Turtle has done.

  • Dan Barnes November 11, 2022, 9:22 am

    They want to create delays, so they can use the delay as an excuse to submit buyer’s name and address to local law enforcement.

  • Randy November 10, 2022, 4:18 pm

    Keep voting Demoncrat you Worthless Trash. You deserve to lose every right you Idiots have.

    • Stan d. Upnow November 11, 2022, 4:10 pm

      Yes, I wish it on them too. Only thing is, we go down the crapper with them, as well. (or become outlaws)

  • Blue Dog (he/him) 🧢 November 9, 2022, 3:47 pm

    This is growing pains as the system grows and improves. I have seen NICS work time and again and it is better for all of us to make it better. It is a worthwhile system but can always be improved! Bravo, I say!

    • krinkov545 November 11, 2022, 9:32 am

      Hell is real. Where do think Sara Brady is currently burning? Not mention where your vile evil dunce in the White House is spending his eternity!

    • krinkov545 November 11, 2022, 9:44 am

      A wiseman’s heart is at his right hand; but a fool’s heart is at his left. Ecclesiates 10:2

      • Blue Dog (he/him) 🧢 November 11, 2022, 1:14 pm

        How about that, I am left handed! 😀

        What could be more Biblical than loving your neighbour and wanting to protect them?

        What could be less Biblical than such judgmentalism?

    • Stan d. Upnow November 11, 2022, 4:14 pm

      Your idea of what’s right, better, or an improvement is vastly different from the rest of us.

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