Gun rights group sues Biden DOJ over 'unconstitutional' waiting period for adults under 21

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Gun Owners of America filed a lawsuit in the Northern District of Texas Friday challenging the expanded background check requirements for gun purchasers under 21.

President Biden on Tuesday said he has "done the full extent of my authority" to enact gun control and that Congress "has to act" to ban "assault" weapons after a Nashville school shooting left six dead.

The law provides funding for states to create programs that could keep weapons away from people who are a danger to themselves or others, often called"red flag laws." It also expanded background checks for gun purchasers under 21, requiring that the NICS system check juvenile criminal records and state mental health records, and seek additional records from local law enforcement where the buyer resides.

GOA and its sister organization the Gun Owners Foundation argue in the lawsuit that because local and state agencies are not always equipped to provide these records in a timely manner, several young gun purchasers with no criminal records are forced to wait for indefinite periods of time before their request to buy a gun is approved by NICS.

GOA claims that even if both young people are ultimately permitted to buy the shotguns, the case will not be moot, because other 18- to 20-year-olds who attempt to buy firearms will be similarly delayed by NICS under"The result of the Challenged Provisions is that all persons under 21 years of age who wish to purchase a firearm from a licensed dealer are automatically delayed by a supposedly ‘instant’ check system, for an indefinite period up to at least 10 business days or possibly...

"GOA repeatedly warned legislators and the public how this would grossly violate young Americans’ Constitutional rights, and yet Texas Senator John Cornyn compromised away those rights anyway," said GOA Senior Vice President Erich Pratt."Now we see young adults frequently and routinely being denied their right to purchase a firearm in a timely manner, and this right delayed is unjustly a right denied. Compromise is no way to legislate when dealing with people’s God-given rights.

 

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