The Bipartisan Safer Communities Act (BSCA) was enacted two years ago on June 25th, marking a significant legislative effort to reduce gun violence and enhance community safety. This landmark law utilizes a cross-departmental strategy involving the Justice Department to implement new tools, ranging from improved background checks to grant allocations.
The term “bipartisan” is central to understanding the significance of this Act. What Is Bipartisan, and why is it important in the context of legislation like the BSCA? Bipartisan refers to an agreement or cooperation between two political parties that typically oppose each other’s policies. In the United States, this often means collaboration between Democrats and Republicans. The Bipartisan Safer Communities Act earned its name due to its support from members of both parties, signaling a rare instance of political consensus on a contentious issue.
Here’s a look at some of the key achievements enabled by BSCA:
Preventing Stolen Firearms from Resale:
The Department of Justice published an Interim Final Rule (IFR) on June 25th, enabling federal firearm licensees (FFLs) to voluntarily check the FBI’s National Crime Information Center records to verify if a firearm for sale was stolen.
- The IFR is designed to prevent stolen firearms from entering FFL inventories and increase stolen firearm reporting, aiding law enforcement in tracking firearm theft and trafficking.
Enhanced Checks for Purchasers Under 21:
BSCA mandates enhanced background checks for firearm purchasers under 21 (“U21 enhanced checks”), requiring checks of juvenile criminal history and mental health records.
- Since the law passed:
- Over 260,000 U21 enhanced checks have been conducted.
- 800 firearm purchases were blocked because the enhanced U21 checks revealed that the purchasers were legally prohibited from owning firearms.
Combating Illegal Firearm Trafficking:
BSCA established new criminal offenses for illegal firearms trafficking and straw-purchasing firearms for prohibited individuals.
- To date, 525 defendants in 280 cases have been charged under these trafficking and straw purchasing provisions, including prosecutions of firearms trafficking linked to transnational cartels and narcotics distribution.
- The ATF’s anti-straw-purchasing campaign, “Don’t Lie for the Other Guy,” has been expanded with events in multiple cities.
Closing the Boyfriend Loophole:
BSCA narrowed the “boyfriend loophole” by prohibiting those convicted of misdemeanor crimes of domestic violence (MCDVs) from possessing firearms if the crimes occurred within a dating relationship.
- Nearly 3,000 firearm purchases in 2024 and over 10,000 since 2023 have been denied due to MCDV convictions.
- Efforts are underway to educate local law enforcement and prosecutors on this new prohibition.
- Webinars have been held in 27 states, with 13 more planned.
- NICS trainings have been attended by over 500 law enforcement agencies.
Funding Violence Prevention and Intervention Programs:
BSCA authorized $1.4 billion in funding for new and existing violence-prevention and intervention programs between 2022 and 2026.
Engaged in the Business of Dealing in Firearms:
- From FY21 to FY23, there was a 60% increase in the number of defendants charged with engaging in the business of importing, manufacturing, or dealing in firearms without a license.
- A Final Rule (EIB Rule) was issued clarifying when a person is “engaged in the business” of dealing in firearms, requiring them to obtain a federal firearms license.
The Bipartisan Safer Communities Act represents a concerted effort to address gun violence through a variety of measures, from enhanced background checks to funding for violence prevention programs. Understanding what is bipartisan highlights the importance of cross-party collaboration in tackling complex social issues and achieving meaningful legislative outcomes.
