The Justice Department today announced it has submitted to the Federal Register two notices of proposed rulemaking (NPRM) that, if finalized, will fully implement the Bipartisan Safer Communities Act of 2022 (BSCA), the most significant gun safety legislation in over 30 years.
Following the language of the BSCA, the Firearm Handlers Rule proposes that federal firearm licensees (FFLs), such as gun stores, be allowed to use the National Instant Criminal Background Check System (NICS) to voluntarily conduct employment background checks for certain employees. Current NICS regulations prohibit FFLs from initiating background checks for any purpose other than the transfer of firearms. Under the Firearm Handlers NPRM, FFLs will be permitted to request NICS background checks for current or prospective employees who may handle firearms, ammunition, or related materials. The Firearm Handlers Rule NPRM details the scope of employees eligible for background checks, as well as new NICS statuses proposed for such checks.
The second NPRM, known as the Under-21 Rule, would codify enhanced NICS background check procedures for prospective firearm purchasers under 21 years of age, among other changes. Under the BSCA, NICS is required to conduct enhanced background checks for such under-21 purchasers, by contacting certain state and local entities to determine if a juvenile record, such as a criminal conviction or mental health record, may disqualify the purchaser from possessing a firearm. The FBI began performing these enhanced checks in late 2022 and has denied nearly 1,000 transactions solely because of enhanced outreach.
View the Firearm Handlers NPRM here.
View the Under-21 Rule NPRM here.