Future FBI NICS enhancement

Future FBI NICS enhancement
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Future FBI NICS enhancement

This morning we received this email from the FBI regarding a future NICS enhancement:

"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."

 

 
If you are 21+ years old you will not be impacted. If you are 18-20 you will have an automatic delay as the FBI looks at juvenile records that could potentially be cause for a denial. We've seen in some recent shootings where younger individual were the perpetrators and had a troubled past and history that law enforcement was aware of. Looking at fairly recent juvinile records seems to be a good idea just as it would someone who had a criminal record at 25 trying to buy a gun at the age of 30. That being said, it's possible the FBI will not be seeing everything as some juvenile records may be sealed and only available through the court or even destroyed.
 
As an example from the state of Ohio:
 
"Juvenile records do not automatically seal. A juvenile may request their record be sealed as soon as six months after completing their sentence, or immediately when they turn 18, as long as they are no longer under an order from juvenile court, such as probation. A “sealed record” only can be seen by the Court. Once a record has been sealed, a juvenile may petition the court to expunge it, which means to permanently destroy it."
 
Our store was recently robbed and the ATF and police believe it was carried out mostly by teens under 18. If they get a slap on the wrist or aren't prosecuted at all then it's possible that by the time they are 18 they will pass a background check after their delay. It certainly seems like a good idea, but if the FBI doesn't have access to sealed records or records were destroyed then they're still flying partially blind.