New Enhanced Background Check Process

Nov 10 2022

As a result of the Bipartisan Safer Communities Act (BSCA) of 2022, it established an enhanced background check process that could take up to 10 business days for buyers under age 21 before a firearm sale can proceed. The new enhanced background check process for persons under the age of 21 will begin on November 14, 2022.

What does this mean for you?

All firearm purchases by persons between the ages of 18-20 will initially be delayed. There is a standard 3-day delay period but can take up to 10 business days.

How does the delay process work?

In the instance you get a delay, we can hold your firearm for you until we receive a “PROCEED” or “DENIED” response from NICS. Once we have received a response we will give you a call and we can complete the transaction. If after the 10 day period you do not receive a phone call from us you may come pick up your firearm and we will complete the transaction.

To learn more please view the full release from the FBI below:

As a result of the passage of the Bipartisan Safer Communities Act (BSCA) of 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 allowing for the additional outreach. To conduct this outreach and research, the address of the individual will be collected so that the appropriate local law enforcement entities may be contacted. For all FFLs conducting checks through the FBI, the enhanced process for persons under the age of 21 will begin on November 14, 2022. 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.

NICS transactions for persons under the age of 21 could be extended for a period up to ten business days. As a result, it is possible for an FFL to be contacted with an updated Brady Transfer Date in certain scenarios. In these situations, NICS staff will be calling to advise of the change. For now, any updated Brady Transfer Date received from the NICS Section should be notated in Block 32 of the ATF Form 4473 (version dated May 2020). Please remember when telephonically contacted by the NICS Section, you will be asked to verify your FFL license number and codeword. In preparation, this may be information you want to have handy for your staff and/or remind them of. If you are a NICS E-Check user, please note calls related to any change to the Brady Transfer Date will be a temporary solution until the NICS can be updated to automatically send the change in date via the E-Check.

If you have store locations in states serving as a Point of Contact (POC) state, meaning a state entity conducts the NICS checks, please note the enhanced process for persons under the age of 21 may have already been implemented and/or will be implemented as soon as practicable.

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 information and/or guidance becomes available.

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