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Personal U.S. Senator from Delaware 47th Vice President of the United States Vice presidential campaigns 46th President of the United States Tenure   | ||
TheBipartisan Safer Communities Act is aUnited States federal law, passed in 2022. It implemented several changes to the mental health system, school safety programs, andgun control laws. Gun control laws in the bill include extendedbackground checks for firearm purchasers under the age of 21, clarification offederal firearms license (FFL) requirements, funding for statered flag laws and othercrisis intervention programs, further criminalization ofarms trafficking andstraw purchases, and partial closure of thegun show loophole[1] andboyfriend loophole. It was the first federal gun control legislation enacted in two decades.[2]
The bill was introduced by SenatorMarco Rubio (R–FL) on October 5, 2021, as an unrelated bill, then modified by an amendment by SenatorChris Murphy (D–CT) on June 21, 2022, and signed into law by PresidentJoe Biden on June 25, 2022.
The bill was introduced in theSenate as an unrelated bill (S. 2938) by SenatorMarco Rubio (R–FL) on October 5, 2021: it designated the Federal Building and United States Courthouse located at 111 North Adams Street inTallahassee, Florida, as theJoseph Woodrow Hatchett United States Courthouse and Federal Building.[3] It passed the Senate on December 9, 2021, with aunanimous consent and went to theHouse of Representatives, where it passed on May 18, 2022, with a 230–190 vote, with RepresentativeChip Roy (R–TX) voting present.[4]
After two deadlymass shootings in May 2022—theshooting at a Tops supermarket in Buffalo, New York and theUvalde school shooting—the Democratic-majority House (on a nearparty-line vote) passed a package of gun-control bills, including asafe storage bill and bills to increase in the minimum age to buysemi-automatic rifles to 21, ban "High-capacity magazines", and to establish "universal background checks". However, these bills were not taken up by the more divided Senate, which was evenly split between the parties.[5][6][7]
On May 24, 2022, SenatorKyrsten Sinema met with Senate Minority LeaderMitch McConnell and Senate Minority WhipJohn Thune for advice on which Republican senators would be willing to negotiate a gun control bill. They directed her to SenatorsJohn Cornyn andThom Tillis. Thirty minutes later, SenatorChris Murphy texted Sinema to join the negotiation, as Murphy had been one of the Senate's most prominent gun control advocates since theSandy Hook Elementary School shooting in his state in 2012. Cornyn, Murphy, Sinema, and Tillis began negotiations the next day.[8]
McConnell attributed Republican support of negotiations to a willingness of Democrats to avoid more controversial gun control measures and to include Republican-backed measures such as school safety and mental health support. McConnell supported the negotiations, as did Senate Majority LeaderChuck Schumer, with both Senate leaders pursuing a hands-off strategy of trusting their respective senators to reach a deal that would be agreeable with the party. SenatorSusan Collins proposed a criminal statute against straw purchases that was included in the final bill. TheNational Rifle Association of America (NRA) was also involved in negotiations, though it opposed the final bill.[8]
On June 12, a group of 10 Democrats and 10 Republicans came to an agreement on a framework outlining the provisions of the bill.[9] Provisions regarding "red flag laws" and the "boyfriend loophole" were contentious during Senate negotiations, and Cornyn walked out during talks on June 16.[10] The text of the Bipartisan Safer Communities Act was released on June 21.[11]
On June 21, Murphy introduced the Bipartisan Safer Communities Act as an amendment to S. 2938, which had already passed committee and had been pending in the Senate.[12] Schumer brought the revised bill to the floor and the amendment was approved by a Senate vote of 64–34.[11] The bill was passed by the Senate on June 23 by a vote of 65–33, with 15 Republicans voting in favor alongside all 50 Democrats. The bill was passed by the House on June 24 by a vote of 234–193, with 14 Republicans voting in favor alongside all 220 Democrats.[13] The bill was signed into law by PresidentJoe Biden on June 25, 2022.[14] It was the first major federal gun legislation to be passed since theFederal Assault Weapons Ban of 1994.[13]
Title I of the Bipartisan Safer Communities Act provides forMedicare to support states in creatingmental health services programs, particularly in schools. It provides assistance to state governments by expanding theCertified Community Behavioral Health Clinic demonstration program, and it requires theCenters for Medicare & Medicaid Services (CMS) to instruct states on how to providetelehealth services underMedicaid and theChildren's Health Insurance Program. The bill also requires CMS to provide resources and guidance to state governments and schools in order to provide mental health services in school settings. It creates a technical assistance center to facilitate this goal and authorizes CMS to distribute $50 million in grants to state governments. The bill requires CMS to review and assist state implementation of theEPSDT program. The Pediatric Mental Health Care Access grant is reauthorized for five years under this bill.[15]
Title II of the Bipartisan Safer Communities Act implements newgun control laws.
Section 12001 expands background checks for gun purchasers under the age of 21. It prohibits the purchase of a firearm if the purchaser has committed a disqualifying crime while under 18 and requires aNational Instant Criminal Background Check System (NICS) background check to include the records of state governments and local law enforcement. It also ensures that during this process mental health records under the age of 16 are not disqualifying, that no waiting periods are applied, and that an annual audit take place to ensure that only applicable criminal records are considered. These provisions expire on September 30, 2032, except for the restrictions on juvenile criminal records and the protections of mental health records under the age of 16.[15]
Section 12002 clarifies definitions of gun sellers and requires routine gun sellers to obtain a federal firearms license (FFL).[15]
Section 12003 permits states to use grant funds from theByrne JAG program to implement crisis intervention programs. These may include "red flag laws", but the bill contains protections for due process, including a right to fair hearings and legal counsel and a burden of proof. States are permitted to choose what type of crisis intervention program to implement using this funding, if any, and are required to provide an annual report on any programs funded through this program.[15]
Section 12004 makes it a federal crime totraffic illegal firearms into the United States. It also makes it a crime to make a straw purchase by purchasing a firearm on behalf of someone who is not permitted to purchase a firearm. Violators of these statutes are subject to up to 15 years in prison, and the penalty increases to 25 years if the firearm is used in a terrorist attack ordrug trafficking. It provides law enforcement the authority to utilize several mechanisms to investigate these crimes, includingwire-tapping, forfeiture,racketeering charges, fines, andmoney laundering authorities. It also expands criminal statutes to criminalize smuggling firearms outside of the United States, grants all FFL holders access to the NICS background check system, funds anATF education program onstraw purchases, funds coordination programs between federal and local law enforcement, and forbidsOperation Fast and Furious type programs.[15]
Section 12005 narrows the "boyfriend loophole" by changing regulations on firearm purchases by those convicted ofdomestic violence. Previously, the law only regulated firearms purchases following domestic assault of a spouse orcohabitant. The bill expands this restriction to disqualify anyone found guilty of a domestic violence charge in a romantic relationship, regardless of marital status. The restrictions apply for five years, after which the ability to own a firearm is restored if no additional violent crimes take place. The provision only applies to domestic violence charges after the law takes effect with no retroactive penalties.[15]
Title III of the Bipartisan Safer Communities Act provides for administrative measures to implement the bill. It places a one-year moratorium on the Medicare Rebate Rule to offset the funds spent under this bill and requires that all remaining funds be deposited into the Medicare Improvement Fund. It also prohibits the use ofElementary and Secondary Education Act funds for the provision of dangerous weapons. The Luke and Alex School Safety Act of 2022 codifies the purpose of the schoolsafety.gov website into law.[15]
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The bill makes the following appropriations, funded by the Medicare Rebate Rule offset:[15]
Section 1 at the beginning of the bill contains the original provision that names the United States Courthouse and Federal Building in Tallahassee, Florida after former judgeJoseph Woodrow Hatchett. Section 2 names a United States Postal Service facility in Petaluma, California after former U.S. representativeLynn Woolsey.
During negotiations, Cornyn was booed at aRepublican Party of Texas convention for his involvement in the bill, and the RPT adopted a resolution against his involvement. Following the release of the text, Senate Minority LeaderMitch McConnell expressed support for the bill while the National Rifle Association and many other groups opposed it.[11] The bill was endorsed by President Joe Biden[17] and by gun-control advocacy groups such asEverytown for Gun Safety.[11]
Newsweek journalist Jake Thomas praised the law, while also stating that it was weaker than the 1994Federal Assault Weapons Ban due to its lack of bans on "so-called assault weapons",[18] that beingsemi-automatic firearms with certain characteristics or cosmetic changes.Reason journalist Jacob Sullum criticized the law, saying it "would unjustly deprive Americans of their second amendment rights" and would subsidize "state laws that suspend gun rights without due process".[19]
In the months after the bill was signed, gun sales for 119 buyers under the age of 21 were blocked due to heightenedFBI background checks, at least 30 cases involving new gun trafficking penalties had been charged, and prosecutions for unlicensed gun sellers increased.[20] Millions of dollars have been put into mental health services for children and schools.[21][22] In the months passing after of the bill was signed,mass shootings, such as theColorado Springs,Monterey Park,Nashville andLewiston shootings, were not prevented by the act.[23][24][25]
TheBureau of Alcohol, Tobacco, and Firearms finalized a rule implemented under the BSCA on April 19, 2024, changing the definition of “Engaged in the Business” as a Dealer in Firearms.[26][27]
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