The Bipartisan Safer Communities Act (Public Law 117–159) was signed into law this summer, and NICS is beginning the implementation process. The NICS statement below was distributed yesterday.

NSSF^® continues to work with Congress and NICS to ensure an accurate and efficient implementation process.

Under the law:

• NICS requires the prospective buyer’s address if 18-20 years of age because the BSCA requires NICS to immediately check with the “local law enforcement agency of the jurisdiction in which the person resides for the purpose of determining whether the person” became a prohibited person while a juvenile (while 16 years of age or older).

• NICS must inform the licensee as soon as possible, but in no case more than 3 business days, “whether cause exists to further investigate a possibly disqualifying juvenile record.” If cause exists, NICS must notify the licensee as soon as possible but no more than 10 business days from the initiation of the NICS check whether the buyer is prohibited. NICS cannot delay notifying the licensee after they complete the research.

• If NICS informs a licensee that there is “cause to further investigate,” then the licensee may not transfer the firearm until 10 business days have taken place after the initial NICS check. See 18 U.S.C. § 922 (t)(1)(C)(iii).

• If 10 business days have elapsed and NICS has not informed a licensee the buyer (18-20 years of age) is prohibited, then the licensee has the discretion (but not the obligation) to transfer the firearm to the buyer. Whether a licensee exercises that discretion is a business decision for each dealer.

• The enhanced background check for buyers under the age 21 sunsets after 10 years (September 30, 2032).

• $200 million is made available to States through grants to upgrade record repository systems to assist States in providing juvenile records.
   

NICS Statement:

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 is 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. In order to conduct the aforementioned outreach and research, the address of the individual will be collected so that the appropriate local and state entities may be contacted. 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.) If potentially prohibiting juvenile information is uncovered, the BSCA allows for the delay period to extend up to ten business days. However, if no potentially prohibiting information is located, the transaction will be proceeded as soon as possible.

The NICS Section is working in collaboration with numerous other entities in the implementation of all aspects of the BSCA and will keep you informed as additional guidance becomes available.