Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds

Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds

Updated February 5, 2024
Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds
On June 25, 2022, President Biden signed into law the
citizenship; addicted to a controlled substance; aliened
Bipartisan Safer Communities Act (BSCA; P.L. 117-159),
unlawfully in the United States or been admitted to the
which includes several firearms-related sections. Section
United States under a nonimmigrant visa; dishonorably
12001 addresses juvenile access to firearms by
discharged from the Armed Forces; “adjudicated as a
•
mental defective”; found guilty by reason of insanity;
clarifying that the prohibition on transferring a firearm
committed to mental institutions; or who are fugitives from
to a disqualified individual applies to juveniles (18
justice.
U.S.C. §922(d)); and
• expanding background check procedures to screen
According to the Bureau of Alcohol, Tobacco, Firearms and
persons 18 to 21 years of age for disqualifying juvenile
Explosives (ATF), persons “adjudicated as a mental
justice or mental health records (18 U.S.C. §922(t)).
defective” include anyone who a court, board, commission,
or other lawful authority has determined, as a result of
To implement these measures, the law required upgrades to
marked subnormal intelligence, mental illness,
the background check system established by the Brady
incompetency, a condition, or a disease,
Handgun Violence Prevention Act (Brady Act, 34 U.S.C.
§40901, P.L. 103-159). Prior to P.L. 117-159, it does not
• is a danger to himself or herself, or others;
appear that such records were routinely queried as part of a
• lacks the mental capacity to contract or manage his or
federal firearms background check. Prohibited firearm
her own affairs;
transfers, background checks, and background check
system requirements under federal law, as well as the
• is found insane by a court in a criminal case; or
amendments made by P.L. 117-159, are described below.
• is found incompetent to stand trial, or not guilty by
Firearms Receipt, Possession, and Transfer
reason of lack of mental responsibility, pursuant to
Prohibitions
certain provisions of the Uniform Code of Military
Justice.
The Gun Control Act of 1968 (GCA, 18 U.S.C. §§921-931)
is one of the two principal federal statutes—along with the
Also, according to ATF, persons “committed to a mental
National Firearms Act of 1934 (NFA, 26 U.S.C. §53)—
institution” include anyone who has been formally
regulating firearms in the United States.
committed to a mental institution by a court, board,
commission, or other lawful authority. A commitment
The GCA requires all persons engaged in the business of
includes a commitment to a mental institution involuntarily,
importing, manufacturing, and selling firearms to be
for mental defectiveness or mental illness, or for other
federally licensed as federal firearms licensees (FFLs). The
reasons, such as drug use. A commitment does not include a
law generally prohibits unlicensed persons from
person admitted to a mental institution for observation or by
transferring any firearm without going through an FFL. The
voluntary admission (27 C.F.R. §478.11).
GCA prohibits FFLs from transferring a long gun (i.e., rifle
or shotgun) or ammunition to anyone under 18 years of age,
In addition, under the GCA persons under felony
and from transferring a handgun or ammunition suitable for
indictment are prohibited from receiving (but not
a handgun to anyone under 21 years of age (18 U.S.C.
possessing) any firearm or ammunition (18 U.S.C.
§922(b)(1)). The GCA also generally prohibits any person
§922(n)). It is a felony for any person to transfer, or dispose
from transferring a handgun or ammunition suitable for a
of, any firearm or ammunition to any person knowing, or
handgun to a juvenile, and juveniles are prohibited from
having reasonable cause to believe, that the transferee is a
possessing a handgun or ammunition suitable for a
prohibited person (18 U.S.C. §922(d)). The nine categories
handgun, although there are exceptions (e.g., under adult
of prohibited persons enumerated under 18 U.S.C. §922(d)
supervision, or for employment, ranching, farming, target
are parallel with 18 U.S.C. §§922(g) and (n). Violations of
practice, and hunting [18 U.S.C. §922(x)]).
18 U.S.C. §922(d) are punishable by a fine and up to 10
years’ imprisonment (18 U.S.C. §924(a)(2)).
The GCA sets forth nine categories of persons prohibited
from shipping, transporting, receiving, or possessing
Amended Prohibited Transfers and Juvenile
firearms or ammunition (18 U.S.C. §922(g)). For example,
Records
prohibited persons include individuals under indictment or
P.L. 117-159 amended the firearms transfer prohibition
convicted of a crime punishable by imprisonment for a term
under 18 U.S.C. §922(d) to include the transfer of any
over one year; subjected to a court order that restrains them
firearm or ammunition to any person the transferor knows
from harassing, stalking, or threatening an intimate partner
or has reasonable cause to believe would fall into at least
or child of such intimate partner; convicted of a domestic
one of the nine prohibited categories under that provision,
violence misdemeanor offense; who have renounced U.S.
“including as a juvenile.” It also amended Section 922(d)(4)
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Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds
to include any juvenile who has been “adjudicated as a
“possibly disqualifying juvenile record” to be inaccurate,
mental defective” or “committed to any mental institution”
including for mental health adjudication records that
at “16 years of age or older.”
occurred while the intended purchaser was under 16 years
of age, P.L. 117-159 requires that the firearm transfer be
Federally Required Firearms Background Checks
allowed to occur. Pursuant to the Brady Act, the Attorney
Pursuant to the Brady Act, the Federal Bureau of
General is required to remove these erroneous records from
Investigation (FBI) established the National Instant
the system with 30 days.
Criminal Background Checks System (NICS) in November
1998. NICS queries federal, state, tribal, territorial, and
P.L. 117-159 requires any agency that makes accessible the
local criminal history and other public records for
aforementioned possible disqualifying records under 18
information that could indicate that an unlicensed,
U.S.C. §§922(d), (g), or (n) to NICS to report annually to
prospective transferee is prohibited from acquiring a
the Senate and House Judiciary Committees and the Senate
firearm under the GCA. Whenever an unlicensed person
and House Appropriations Committees on the records
seeks to acquire a firearm from an FFL, both the FFL and
removed from NICS, why the records were removed, and
prospective purchaser must complete and sign ATF Form
the cause for their original submission.
4473. On this form, the purchaser attests under penalty of
law that he or she is not a prohibited person and that he or
The requirement that NICS contact state authorities expires
she is the “actual buyer.” The FFL must also verify the
on September 30, 2032.
purchaser’s name, date of birth, and other information by
examining government-issued identification (e.g., a driver’s
NICS-Queried Computer Systems, Files, and
license). The signed and completed Form 4473 authorizes
Amended System Requirements
the FFL to initiate a background check through NICS on a
Based on the prospective purchaser’s name and other
prospective unlicensed transferee who seeks to acquire a
identifying information, NICS queries several national data
firearm from them through a sale, trade, or redemption of
systems for records that could disqualify him or her from
firearms exchanged for collateral (18 U.S.C. §922(t)).
receiving and possessing a firearm under federal or state
law. These systems include the
Under the Brady Act, states may opt to handle firearms
• Interstate Identification Index (III) for records on
eligibility determinations or allow the FBI to handle such
persons convicted or under indictment for felonies and
determinations. States that have opted to handle those
serious misdemeanors;
determinations themselves are known as Point of Contact
(POC) states. In response to a background check, the NICS
• National Crime Information Center (NCIC) for files on
is to respond to an FFL or POC state official with an NICS
persons who are subject to civil protection orders and
Transaction Number (NTN) and one of four outcomes:
arrest warrants, immigration law violators, and known
1. “proceed” with transfer or permit/license issuance,
and suspected terrorists;
because a prohibiting record was not found;
• NICS Indices for federal and state record files on
2. “denied,” indicating a prohibiting record was found;
persons prohibited from possessing firearms, which
3. “delayed,” indicating that the system produced
would not be included in either III or NCIC; and
information, suggesting there could be a prohibiting
• immigration-related databases maintained by the
record, such as criminal charges without a final
Department of Homeland Security’s Immigration and
disposition; or
Customs Enforcement for non-U.S. citizens who may
4. “canceled” for insufficient information provided.
have been previously deported or are believed to be
In the case of a “proceed,” the background check record is
residing unlawfully in the United States.
purged from NICS within 24 hours; “denied” requests are
P.L. 117-159 amended Section 103 of the Brady Act to
kept in perpetuity. In the case of a “delayed” transaction,
require the Attorney General to upgrade NICS with the
after the passage of three business days, FFLs may proceed
capacity to contact immediately, for purposes of 18 U.S.C.
with the transaction at their discretion if they have not
§922(d), possible sources of disqualifying juvenile records
received a final eligibility determination from the NICS.
for persons under 21 years old in the jurisdiction where they
During this time, NICS examiners, or POC state officials,
reside, including state, tribal, or territorial repositories of
may attempt to ascertain whether the person is prohibited. If
criminal history, records, juvenile justice information,
it is learned that a transferee is prohibited after a transfer
and/or mental health adjudication records, as well as local
has occurred, a firearms retrieval referral is to be issued to
law enforcement agencies.
the ATF and state or local chief law enforcement officer.
The FBI was appropriated $100 million in FY2023 to
Amended NICS Procedures
conduct these NICS upgrades. In January 2024, the U.S.
P.L. 117-159 amended the GCA (18 U.S.C. §922(t)) with a
Department of Justice reported that 527 gun sales to
separate procedure for persons under 21 years of age,
individuals under the age of 21 have been blocked because
allowing a firearms transfer to be delayed for an additional
of rule changes made by P.L. 117-159.
7 days (i.e., up to 10 business days total) for persons under
21 if “cause exists to further investigate a possibly
Jordan B. Cohen, Analyst in Firearms Policy
disqualifying juvenile record under” under 18 U.S.C.
§922(d). If the investigation is not completed within 10
IF12154
business days, or if at any point the FBI identifies the
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Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds

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https://crsreports.congress.gov | IF12154 · VERSION 3 · UPDATED