June 27, 2022
Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds
On June 25, 2022, President Biden signed into law the
prohibited persons include individuals convicted of a felony
Bipartisan Safer Communities Act (P.L. 117-159). This law
or domestic violence misdemeanor offenses; or
includes several firearms-related sections. One of them,
“adjudicated as a mental defective,” found guilty by reason
Section 20001, addresses juvenile records by amending
of insanity, or committed to mental institutions.
a firearms transfer prohibition to include persons who
According to the Bureau of Alcohol, Tobacco, Firearms and
have previously incurred potentially disqualifying
Explosives (ATF), persons “adjudicated as a mental
records as a juvenile (18 U.S.C. §922(d)); and
defective” include anybody who a court, board,
background check procedures to screen persons 18 to 21 commission, or other lawful authority has determined, as a
years of age for disqualifying juvenile justice or mental
result of marked subnormal intelligence, mental illness,
health records and, if necessary, allow authorities to take
incompetency, condition, or disease:
up to 10 business days to make such determinations (18
is a danger to himself or herself, or others;
U.S.C. §922(t)).
lacks the mental capacity to contract or manage his or
The law will require upgrades to the background check
her own affairs;
system (P.L. 103-159, Sec. 103) to implement these
measures. Records of potentially disqualifying juvenile
is found insane by a court in a criminal case; or
justice court adjudications and mental health determinations
is found incompetent to stand trial, or not guilty by
fall principally within the domain of state law and are held
reason of lack of mental responsibility, pursuant to
by state authorities. Prior to P.L. 117-159, it does not
certain provisions of the Uniform Code of Military
appear that such records were routinely queried as part of a
Justice.
federal firearms background check. Prohibited firearm
transfers, background checks, and background check
Also according to ATF, persons “committed to a mental
system requirements under federal law, as well as the
institution” include anybody who has been formally
amendments made by P.L. 117-159, are described below.
committed to a mental institution by a court, board,
commission, or other lawful authority. The term includes a
Firearms Receipt, Possession, and Transfer
commitment to a mental institution involuntarily; for
Prohibitions
mental defectiveness or mental illness; or for other reasons,
The Gun Control Act of 1968 (GCA, 18 U.S.C. §§921-931)
such as drug use. The term does not include a person
is the principal statute regulating interstate firearms
admitted to a mental institution for observation or by
commerce in the United States. The purpose of the GCA is
voluntary admission (27 C.F.R. §478.11).
to assist federal, state, tribal, territorial, and local law
enforcement in ongoing efforts to reduce violent crime.
In addition, under the GCA, persons under felony
indictment are prohibited from receiving (but not
The GCA requires all persons engaged in the business of
possessing) any firearm or ammunition (18 U.S.C.
importing, manufacturing, and selling firearms to be
§922(n)). It is a felony for any person to transfer, or dispose
federally licensed as federal firearms licensees (FFLs). The
of, any firearm or ammunition to any person knowing, or
law generally prohibits unlicensed persons from
having reasonable cause to believe, that the transferee is a
transferring any firearm in interstate or foreign commerce
prohibited person (18 U.S.C §922(d)). The nine categories
without going through an FFL. The GCA prohibits FFLs
of prohibited persons enumerated under 18 U.S.C. §922(d)
from transferring a long gun (rifle or shotgun) or
are parallel with 18 U.S.C. §922(g) and (n). Violations of
ammunition to anyone under 18 years of age; and a
18 U.S.C. §922(d) are punishable by a fine and up to 10
handgun or ammunition suitable for a handgun to anyone
years’ imprisonment (18 U.S.C. §924(a)(2)).
under 21 years of age (18 U.S.C. §922(b)(1)). The GCA
also generally prohibits any person from transferring a
Amended Prohibited Transfers and Juvenile
handgun or ammunition suitable for a handgun to a
Records
juvenile, and juveniles are prohibited from possessing a
P.L. 117-159 amends the firearms transfer prohibition
handgun or ammunition suitable for a handgun, although
under 18 U.S.C. §922(d) to include the transfer of any
there are exceptions enumerated in statute (18 U.S.C.
firearm or ammunition to any person the transferor knows
§922(x)); for example, adult supervision, employment,
or has reasonable cause to believe would fall into at least
ranching, farming, target practice, and hunting.
one of the nine prohibited categories under that provision,
“including as a juvenile.” It amends §922(d)(4) to include
The GCA sets forth nine categories of persons prohibited
any juvenile who has been “adjudicated as a mental
from shipping, transporting, receiving, or possessing
defective” or “committed to any mental institution” at “16
firearms or ammunition (18 U.S.C. §922(g)). For example,
years of age or older.”
https://crsreports.congress.gov
Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds
Federally Required Firearms Background Checks
21 years of age. This procedure is parallel with existing
Pursuant to the Brady Handgun Violence Prevention Act,
procedures for all other persons, except that it allows a
1993 (Brady Act; P.L. 103-159), the Federal Bureau of
firearms transfer to be delayed for an additional seven days
Investigation (FBI) activated the National Instant Criminal
(i.e., up to 10 business days total) for persons under 21 if
Background Checks System (NICS) in November 1998.
“cause exists to further investigate a possibly disqualifying
NICS queries federal, state, tribal, territorial, and local
juvenile record under” under 18 U.S.C. §922(d).
criminal history and other public records for information
that could indicate that an unlicensed, prospective customer
NICS-Queried Computer Systems and Files
(transferee) is prohibited from acquiring a firearm under the
Based on the prospective customer’s name and other
GCA. Whenever an unlicensed person seeks to acquire a
identifying information, NICS queries several national data
firearm from an FFL, both the FFL and prospective
systems for records that could disqualify a customer from
purchaser must complete and sign an ATF Form 4473. On
receiving and possessing a firearm under federal or state
this form, the purchaser attests under penalty of law that he
law. Those systems include the:
or she is not a prohibited person and that he or she is the
“actual buyer.” The FFL must also verify the purchaser’s
Interstate Identification Index (III) for records on
persons convicted or under indictment for felonies and
name, date of birth, and other information by examining
serious misdemeanors;
government-issued identification (e.g., a driver’s license).
The signed and completed Form 4473 authorizes the FFL to
National Crime Information Center (NCIC) for files on
initiate a background check through NICS on a prospective
persons, who are subject to civil protection orders and
unlicensed customer who seeks to acquire a firearm from
arrest warrants, immigration law violators, and known
them through a sale, trade, or redemption of firearms
and suspected terrorists;
exchanged for collateral (18 U.S.C. §922(t)).
NICS Indices for federal and state record files on
Under the Brady Act, states may opt to handle firearms
persons prohibited from possessing firearms, which
eligibility determinations or allow the FBI to handle such
would not be included in either III or NCIC; and
determinations. States that have opted to handle those
Immigration-related databases maintained by the
determinations themselves are known as Point of Contact
Department of Homeland Security’s Immigration and
(POC) states. In response to a background check, the NICS
Customs Enforcement (ICE) for non-U.S. citizens, who
is to respond to an FFL or POC state official with a NICS
may have been previously deported or are believed to be
Transaction Number (NTN) and one of four outcomes:
residing unlawfully in the United States.
1. “proceed” with transfer or permit/license issuance,
Amended NICS System Requirements
because a prohibiting record was not found;
P.L. 117-159 amends the Brady Act (P.L. 103-159, Sec.
2. “denied,” indicating a prohibiting record was found;
103) and requires the Attorney General to upgrade NICS
3. “delayed,” indicating that the system produced
with the capacity to contact immediately three possible
information, suggesting there could be a prohibiting
sources of disqualifying juvenile records under 18 U.S.C.
record, such as criminal charges without a final
§922(d) for persons under 21-years-old in the jurisdiction
disposition; or
where they reside. Those sources include the pertinent
4. “canceled” for insufficient information provided.
In the case of a “proceed,” the background check record is
state, tribal, or territorial repositories of criminal history
purged from NICS within 24 hours; “denied” requests are
record and/or juvenile justice information;
kept in perpetuity. In the case of a “delayed” transaction,
state, tribal, or territorial custodians of mental health
after the passage of three business days, FFLs may proceed
adjudication records; and
with the transaction at their discretion if they have not
received a final eligibility determination from the NICS.
local law enforcement agencies.
During this time, NICS examiners, or POC state officials,
The requirement that NICS contact these state authorities
may attempt to ascertain whether the person is prohibited. If
expires in 10 years, on September 30, 2032.
it is learned that a transferee is prohibited after a transfer
has occurred, a firearms retrieval referral is to be issued to
Reporting Requirement and Appropriation
the ATF and state or local chief law enforcement officer.
P.L. 117-159 requires further that any federal or state
agency that submits (or makes accessible) disqualifying
Amended NICS Procedures
records under 18 U.S.C. §§922(d), (g), or (n) to NICS, to
According to the Giffords Law Center, 27 states prohibit
report annually to Senate and House Committees on the
individuals from accessing firearms for a limited period
Judiciary and Appropriations on the records removed from
after they have been adjudicated or convicted of certain
NICS, why the records were removed, and cause for their
offenses as juveniles. Some state prohibitions extend past
original submission. For FY2022, P.L. 117-159
the age of 21. While POC states possibly query record
appropriates $100 million to FBI to upgrade NICS with the
systems for such offenses as part of a federally required
capacity to make the required information system queries or
firearms background check under 18 U.S.C. §922(t), it does
agency contacts.
not appear that NICS has had the capacity to make such
queries for non-POC states. To require that such records be
William J. Krouse, Specialist in Domestic Security and
queried nationally, P.L. 117-159 amends the GCA (18
Crime Policy
U.S.C. §922(t)) with a separate procedure for persons under
https://crsreports.congress.gov
Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds
IF12154
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https://crsreports.congress.gov | IF12154 · VERSION 1 · NEW