A group advocating for the right to bear arms has filed a lawsuit against the Department of Justice under President Biden, claiming that the waiting period imposed on adults under the age of 21 is unconstitutional.

Gun Owners of America (GOA), a group that strongly supports gun rights, is taking legal action against the Biden administration regarding a section of the gun safety law that was passed with bipartisan support last year. The group claims that the law violates the constitutional rights of individuals under the age of 21 by imposing waiting periods for firearm purchases. GOA filed a lawsuit in the Northern District of Texas challenging the enhanced background check requirements that were established by the Bipartisan Safer Communities Act.
The lawsuit targets Attorney General Merrick Garland and the FBI as accused parties and claims that the recent regulations mandating the National Instant Criminal Background Check system to scrutinize juvenile records for individuals aged 18-20 impose an unofficial waiting period that infringes on their Second Amendment rights. This law on gun control was introduced by Senators from both parties.
President Biden signed a bill in June that was sponsored by John Cornyn, a Republican from Texas, and Chris Murphy, a Democrat from Connecticut.
In reaction to the tragic shooting at an elementary school in Uvalde, Texas, where 19 children and two teachers lost their lives, there was an attempt to pass gun safety reforms through consensus.
The law allocates funds to states to establish programs that can prevent individuals who pose a threat to themselves or others from accessing firearms, commonly referred to as "red flag laws." Additionally, it broadened the scope of background checks for individuals under 21 who wish to purchase guns, mandating that the NICS system examine juvenile criminal records and state mental health records, and obtain further information from local law enforcement in the buyer's area. A federal judge in Virginia invalidated laws that prohibit the sale of firearms to adults under the age of 21. According to the Associated Press, the enhanced background checks identified and prevented several individuals from purchasing guns, including an 18-year-old in Nebraska who had made terroristic threats and had a history of violent outbursts, a 20-year-old drug dealer in Arizona, and an 18-year-old in Arizona who had previously been charged with illegal possession of weapons and was found carrying fentanyl.
Everyone was trying to buy rifles.
According to GOA, some young individuals who have no criminal history and wish to purchase a gun have to wait for an indefinite period of time for their request to be approved by NICS. This is because local and state agencies may not have the necessary resources to provide the required records promptly. The group has cited two of its members who were plaintiffs in the case and faced delays in purchasing a firearm despite having no criminal or mental health records.
Ethan McRorey, a 20-year-old corrections officer working for the Cooke County Sheriff's Office in Gainesville, Texas, tried to buy a 12 gauge shotgun from a licensed firearms dealer on May 12th with the intention of using it for self-protection.
According to the complaint, McRorey's attempt to buy a firearm was hindered by NICS, causing him to leave the store without making a purchase, as he is waiting for the agency's decision on his eligibility to buy a firearm.
A 19-year-old named Kaylee Flores attempted to purchase a 20 gauge shotgun from a licensed dealer in Abilene, Texas, but her purchase was delayed by the National Instant Criminal Background Check System (NICS). The Gun Owners of America (GOA) claims that even if Flores is eventually allowed to purchase the shotgun, the case will still be relevant because other 18- to 20-year-olds who attempt to buy firearms will face similar delays due to the Bipartisan Safer Communities Act's requirements. The lawsuit alleges that the Challenged Provisions of the act result in all individuals under 21 years of age who wish to purchase a firearm from a licensed dealer being automatically delayed by the NICS system for an indefinite period of at least 10 business days, while the system sends inquiries to three different state and local agencies in the hopes of receiving timely responses. The complaint states that until all three state agencies respond, the Challenged Provisions do not allow a purchase to be approved, regardless of the 3- and 10-day timelines, because the NICS system has an affirmative duty to determine whether a disqualifying juvenile or mental health record exists. Texas Republicans have stalled a bill that would raise the purchase age for AR-style rifles.
Gun Owners of America argues that the law violates the Constitution by delaying the ability to purchase firearms for individuals under 21 years old based solely on their age. Despite warnings from GOA, Texas Senator John Cornyn compromised on these rights, leading gun rights groups to vow to fight back against the ATF Pistol Brace Rule. GOA's Senior Vice President, Erich Pratt, expressed disappointment in the compromise.
It is now common to witness young adults being unfairly deprived of their right to buy a firearm promptly, and this delay is equivalent to a denial of their right.
Legislating through compromise is not acceptable when it comes to the rights that people have been given by God. This statement was made by an assistant to Senator.
Cornyn stated that the Bipartisan Safer Communities Act has no impact on 99% of NICS transactions. The National Shooting Sports Foundation reported that in 2019, only slightly more than 10% of NICS checks were not immediately completed. Click here to access the Fox News app.
According to an aide, almost all transactions that are not completed immediately are resolved, with most being resolved within the first three business days. The rejection of waiting periods or any similar delays was made clear by Senator.
According to an aide, Cornyn was involved in the negotiations but his contributions were not included in the text. The Department of Justice has not yet responded to a comment request and usually refrains from commenting on ongoing legal matters.