Justice Department’s Gun Violence Prevention Plan Widens Background Checks, Boosts Red Flag Programs

Democratic lawmakers gather as Speaker Nancy Pelosi (D-Calif.) announces the final vote count for the Bipartisan Safer Communities Act in the House of Representatives on June 24, 2022. Chip Somodevilla/Getty Images

The U.S. Department of Justice (DOJ) announced plans on Sept. 26 to help law enforcement agencies share the criminal and mental health history of people under 21 through the FBI’s National Instant Criminal Background Check System.

The DOJ has also developed resources to help small and rural law enforcement agencies deal with mass shootings.

“The Department of Justice is committed to doing everything in its power to combat gun violence and save lives,” Attorney General Merrick B. Garland said in a Sept. 26 statement. “Today’s actions are a continuation of our efforts to fully implement the Bipartisan Safer Communities Act.”

The DOJ said it developed resources to help small and rural law enforcement agencies implement lessons learned from the May 24, 2022, shooting at Robb Elementary School in Uvalde, Texas, that resulted in the deaths of 19 students and two teachers.

Law enforcement agencies in Uvalde were criticized for their response that day. A Critical Incident Report written by the DOJ determined it took law enforcement 77 minutes to engage the killer. Members of the community, including relatives of those killed, said the delay contributed to the death toll.

According to the announcement, the DOJ followed the report’s recommendations by releasing a checklist to assist law enforcement instructors in providing relevant training, and setting up a resource webpage for small and rural agencies.

The DOJ also announced a plan to plug gaps in the National Instant Criminal Background Check System (NICS).

The Bipartisan Safer Communities Act of 2022 requires a check of the criminal and mental health history of gun purchasers under 21. However, many juvenile justice and mental health systems, along with some states and territories, restrict the sharing of this information.

“The model legislation released today ... provides a template for states that wish to permit greater information-sharing with NICS for the sole purpose of responding to a federal enhanced background check, thereby advancing public safety,” the DOJ announcement reads.

The DOJ has also gathered information on state laws around the country, including whether they permit the sharing of juvenile records for enhanced background checks.

A firearms industry spokesman said gun retailers welcome efforts to ensure that prohibited persons don’t have access to guns.

Mark Oliva, managing director of public affairs for the National Shooting Sports Foundation, said gun retailers can’t do their part adequately without accurate information.

“[The foundation] has consistently supported efforts to ensure the background check system works as it is intended. Firearm retailers ... must have assurance that [NICS] has all the prohibiting information entered into the system, including prohibiting information regarding criminal and adjudicated mental health records,” Oliva wrote in an email to The Epoch Times.

A man pays his respects at a memorial at Robb Elementary School in Uvalde, Texas, on June 9, 2022. Eric Gay, File/AP Photo

The DOJ will also issue $85 million in grants through the Office of Justice Programs’ Community Violence Intervention and Prevention Initiative for 30 agencies and organizations. The money will finance hospital-based violence intervention, street outreach and training, technical assistance, and research to develop evidence for intervention programs, according to the announcement.

In addition, over $135 million will go to 48 states under the Byrne State Crisis Intervention Program for red flag programs, state crisis intervention court proceedings, and related programs.

Oliva expressed some concern over the red flag grants. He said his group supports them if due process rights are preserved under the law.

“To date, none of the states with these ‘red flag’ laws contain provisions that protect the due process rights of individuals who might be subject to these laws,” Oliva’s email reads.

Besides requiring background checks of gun purchasers under 21, the Bipartisan Safer Communities Act of 2022 established funding for community safety and mental health programs.

It also changed the definition of what constitutes a firearms retailer, stiffened the requirements for background checks, and provided a $750 million grant to enforce red flag laws, making it easier to confiscate guns from people determined to be a danger to themselves and others.