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Thursday, September 26, 2024

Justice Department announces measures to improve firearm background checks

Attorneys & Judges
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Matthew M. Graves, attorney for the District of Columbia | Wikipedia

The Justice Department has announced several measures aimed at improving firearm background checks and reducing gun violence. The Department is releasing model legislation and information to help states share juvenile criminal history and mental health records with the National Instant Criminal Background Check System (NICS) for firearm background checks. Additionally, over $200 million in new grant funding for gun violence prevention has been unveiled, along with new resources for law enforcement, including training and funding guidance.

“The Department of Justice is committed to doing everything in its power to combat gun violence and save lives,” said Attorney General Merrick B. Garland. “Today’s actions are a continuation of our efforts to fully implement the Bipartisan Safer Communities Act, to provide critical funding to community violence intervention programs, and to assist our state and local partners as they work day in and day out to drive down gun crime.”

Under the Bipartisan Safer Communities Act of 2022 (BSCA), NICS must contact state and local law enforcement entities to determine if a purchaser under 21 years of age is prohibited from purchasing a firearm. However, some states have laws that restrict sharing juvenile mental health or criminal history records. These protections can prevent jurisdictions from providing the FBI with potentially disqualifying juvenile records during enhanced background checks.

The model legislation released today offers a template for states wishing to permit greater information-sharing with NICS solely for federal enhanced background checks, thereby advancing public safety. The Justice Department also released information on state laws regarding juvenile record-sharing for enhanced background checks.

Additionally, two major rounds of grant funding were announced: $85 million through the Office of Justice Programs Community Violence Intervention and Prevention Initiative (CVIPI) and over $135 million in formula awards to 48 states under the Byrne State Crisis Intervention Program (Byrne SCIP). CVIPI funding will support 30 agencies in expanding community violence intervention work, while Byrne SCIP funds will support extreme risk protection order programs and related initiatives.

The Justice Department is also supporting recommendations from the Critical Incident Report (CIR) on the mass shooting at Robb Elementary School in Uvalde, Texas. Resources include a Tenets of Training Checklist for law enforcement training enhancement, a Resource Webpage tailored for small and rural agencies, a Self-Assessment Tool for CIR recommendation implementation, and an Implementation and Resource Guide.

The COPS Office Collaborative Reform Initiative Technical Assistance Center (CRI-TAC) is renewing its focus on assisting small and rural law enforcement agencies. CRI-TAC will continue offering no-cost training but will now provide opportunities addressing unique challenges faced by these agencies. Training areas include active assailant response, multi-jurisdictional coordination, community partnerships, resource allocation, addressing hate crimes, report writing, duty to intervene, and crash reconstruction.

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