Source: United States Department of Justice Criminal Division
The Justice Department today announced several actions to improve firearm background checks and reduce gun violence. The Department is releasing model legislation and information that would help states permit the sharing of juvenile criminal history and mental health records with the National Instant Criminal Background Check System (NICS), solely for the purpose of conducting firearm background checks. In addition, the Department is announcing significant new grant funding for gun violence prevention, totaling over $200 million. Finally, the Department is unveiling new resources for law enforcement across the country, 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 is required to contact state and local law enforcement entities to determine if a purchaser under 21 years of age is prohibited from purchasing a firearm. However, as part of established juvenile justice and mental health systems, some states and territories have important laws in place which restrict the sharing of juvenile mental health and/or criminal history records, so that youthful mistakes do not follow young people into adulthood.
At the same time, these protections may prevent jurisdictions from providing the FBI with potentially disqualifying juvenile records when an enhanced background check is conducted. The model legislation released today, following in the example of several states that have appropriately and narrowly amended their record-sharing laws, provides a template for states that wish to permit greater information-sharing with NICS for the sole purpose of responding to a federal enhanced background check, thereby advancing public safety. In addition, the Justice Department is also releasing today information on state laws around the country, including whether they permit information-sharing with regard to juvenile records for enhanced background checks.
Additionally, the Justice Department is also announcing two major rounds of grant funding designed to reduce and prevent gun violence. First, the Department is announcing an additional $85 million in funding through the Office of Justice Programs Community Violence Intervention and Prevention Initiative (CVIPI). This funding will help 30 agencies and organizations develop and expand their community violence intervention work, including hospital-based violence intervention, street outreach, and cognitive behavioral therapy, and will support training and technical assistance plus rigorous research to help grow the evidence base for violence intervention models. Second, the Department is announcing over $135 million in formula awards to 48 states under the Byrne State Crisis Intervention Program (Byrne SCIP), which provides funding for the implementation of extreme risk protection order programs, state crisis intervention court proceedings, and related programs/initiatives.
Moreover, the Justice Department is committed to supporting implementation of the recommendations from the Critical Incident Report (CIR) on the mass shooting at Robb Elementary School in Uvalde, Texas. These implementation efforts include a suite of resources to not only support the local community of Uvalde, but also to serve as a resource across the country, particularly for local, rural, and regional agencies serving their communities. Today, the Department’s Community Oriented Policing Services (COPS) office is releasing a Tenets of Training Checklist to assist law enforcement executives and training personnel in enhancing relevant training and a Resource Webpage tailored to the needs of Small and Rural agencies. This fall, DOJ will release a Self-Assessment Tool to help communities assess how well they are implementing the recommendations in the CIR and an Implementation and Resource Guide to identify resources and generally accepted practices and standards in the CIR. Additional resources will be released on a continual basis to continue to support law enforcement agencies and their communities.
The COPS Office Collaborative Reform Initiative Technical Assistance Center (CRI-TAC) is also launching a renewed focus on assisting small and rural law enforcement agencies. Small and rural agencies will continue to have access to the no-cost training and technical assistance that CRI-TAC is known for, but now CRI-TAC will provide training and technical assistance opportunities geared for the unique challenges confronting small and rural policing agencies. Through the Small and Rural Agency Initiative, agencies will be able to participate in training programs addressing areas such as active assailant response, multi-jurisdictional coordination, community partnerships, resource allocation, addressing hate crimes, report writing, duty to intervene, and crash re-construction.
Model Legislation to Remove Barriers to Completing Enhanced Background Checks (PDF)