NICS Enhanced Background Checks per BSCA

[ConstitutionCowboy]

BSCA of 2022

So, according to this email, the enhanced background checks required by the BSCA of 2022 should only be conducted on those who are between the ages of 18 and 20 - meaning 19 year old persons. Shouldn't the word "between" be replaced with the word "in" the ages of 18 to 29?

I do get the intent of the law, but shouldn't the law and our instructions be more accurately expressed ? Words do mean things. There are FFL's who will take things literally. Please make the appropriate correction for clarity.

Woody

[K Frame]

Well, one of the definitions of between is "from one to another."

Taken in that context I don't see a problem with it.

And, technically, if you're 18 and 3 days, you're between the ages of 18 and 20.

Technically speaking, though, you're correct. It's not legally precise, but most people will understand it.

[MechAg94]

The link is some sort of Gmail link.  Is there a better way to share that?

[ConstitutionCowboy]

The link is some sort of Gmail link.  Is there a better way to share that?

Here is the complete verbiage:

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.

 Thank you!

Woody

[Hawkmoon]

Well, one of the definitions of between is "from one to another."

Taken in that context I don't see a problem with it.

And, technically, if you're 18 and 3 days, you're between the ages of 18 and 20.

By that analysis, if you are 20 and one day, you are not "between" 18 and 20.

Grammatically, the way the law is worded is incorrect for the intent -- which is enhanced background checks for people of age 18, 19, and 20.

[K Frame]

"By that analysis, if you are 20 and one day, you are not "between" 18 and 20."

Yep, I know. And I already said that it's not precise.

That's one of the dangers of trying to describe things in everyman language vs hyper precise and hyper technical terms (which people scream about, too).

[ConstitutionCowboy]

In all aspects, it is important to say what you mean, and mean what you say.

Even musicians get it. You'd think a government bureaucracy could do the same. Oh wait! What am I saying! 

Woody 

[RoadKingLarry]

Always, always, always read any new law with the worst possible interpretation and intent imaginable.