S-2938-117
Became Public Law No: 117-159.
What it does
This law expands federal firearms background checks for buyers aged 18–20 by requiring the National Instant Criminal Background Check System (NICS) to search juvenile records and allows up to 10 additional business days to complete those checks. It extends existing domestic violence firearms restrictions to dating partners (not just spouses or cohabitants), tightens the definition of who must be a federally licensed gun dealer, and creates new federal crimes for straw purchasing and firearms trafficking. It also appropriates funding for mental health services, school safety programs, Medicaid behavioral health access, and crisis intervention grants — including grants states may use for "red flag" (extreme risk protection order) programs.
Who benefits
Survivors of dating-partner domestic violence who gain new legal protections. Children and families who gain expanded access to Medicaid-covered mental health and behavioral health services, including through schools and telehealth. Communities affected by gun violence that receive funding through community violence intervention programs. Schools and local law enforcement agencies that receive school safety grants and access to a federal best-practices clearinghouse. States that choose to implement red flag laws, which can now use federal JAG grant funding. Mental health providers who receive expanded training grants and reimbursement pathways. Suicide prevention programs funded through the National Suicide Prevention Lifeline appropriation.
Who is hurt
Adults aged 18–20 who may experience longer delays — up to 10 business days — when purchasing firearms from licensed dealers. Unlicensed private sellers who previously operated without a federal license but may now fall under the revised "engaged in the business" definition. Individuals with juvenile records who may be flagged during the expanded background check process. Firearms dealers who face increased compliance costs and potential liability under the new straw purchasing and trafficking framework. Taxpayers who bear the cost of the emergency supplemental appropriations, which are exempt from PAYGO spending rules. States that do not wish to implement red flag programs but may face indirect pressure through the grant structure.
Supporters argue
Supporters argue that the law closes well-documented gaps in the federal background check system — specifically, that the prior 3-business-day default window was too short to retrieve juvenile records, a loophole linked to the 2015 Charleston church shooting. They contend that extending domestic violence firearms restrictions to dating partners reflects the reality that intimate partner violence frequently occurs outside of marriage or cohabitation, and that the new straw purchasing statute gives federal prosecutors a clearer, stronger tool than the patchwork of prior statutes. They also argue the mental health and school safety funding addresses root causes of violence with evidence-based interventions.
Opponents argue
Opponents argue that the expanded background check window — up to 10 business days — effectively creates a de facto waiting period that burdens law-abiding adults, including those in rural areas who may need a firearm for immediate self-defense. They contend that the revised "engaged in the business" definition is vague and could expose ordinary private sellers to federal licensing requirements without clear guidance, raising due process concerns. Critics also argue that funding red flag law programs through federal grants pressures states to adopt policies that allow firearm seizure before any criminal conviction, which they contend raises Fourth and Fifth Amendment concerns about pre-deprivation process.
Constitutional context
The firearms provisions implicate the Second Amendment under the text-history-tradition framework established in New York State Rifle v. Bruen (2022), particularly the extension of restrictions to dating partners and the expanded background check delays for 18–20 year olds. The domestic violence dating partner restriction also connects to Rahimi (2024), in which the Supreme Court upheld a similar disarmament provision for individuals subject to domestic violence restraining orders, suggesting some historical basis for disarming those who pose a credible threat to intimate partners.
Checks and balances
The executive branch (ATF, DOJ, HHS, and CMS) gains implementation and enforcement authority under this law; Congress retains oversight through the 10-year sunset on the expanded juvenile record check requirement, appropriations control, and required reporting from agencies including a GAO review of Medicaid compliance.
Historical precedent
The Brady Handgun Violence Prevention Act (1993) established the NICS background check system that this law expands, and the Lautenberg Amendment (1996) first extended federal firearms restrictions to domestic violence misdemeanor convictions — both of which this law builds upon.