Senator Cornyn has consistently led and supported legislation that bolsters Texans’ Second Amendment rights. Learn the truth about the BSCA below.
MYTH: The BSCA created a national, federal red flag law and forces states like Texas who do not have a red flag law to enact one.
FACTS:
- The BSCA did not implement a national red flag law.
- It does not place any requirements on states to enact red flag laws, and there are no penalties on states like Texas without red flag laws.
- States without red flag laws can access equal funding for things like drug courts, veterans’ courts, and mental health courts.
- States with red flag laws are forced to comply with strict requirements on due process to qualify for BSCA funding. This includes the right to have counsel, confront adverse witnesses, have an unbiased adjudicator, receive a hearing in-person, present evidence, and see opposing evidence.
MYTH: This law instated a mandatory waiting period.
FACTS:
- This absolutely did not create a mandatory waiting period.
- Prior to the BSCA, individuals purchasing a gun from a federally licensed dealer went through a background check. Then, the FBI could take up to three days to look into checks flagged for review. Without action within those three days, the purchaser could automatically buy the firearm.
- Under the BSCA for buyers under 21-years-old who have their initial background check flagged, the FBI has up to seven additional days to review only disqualifying juvenile records from sources like local law enforcement. Without action in ten days, they can automatically purchase the firearm.
- This expires in a decade after enactment.
MYTH: The law mandates background and mental health checks for 18 to 21-year-olds.
FACTS:
- The bill doesn’t require mental health checks for anyone.
- As gun owners know, background checks are required for individuals of any age purchasing a gun from a federally licensed dealer.
- For buyers under 21 whose initial background check is flagged by the FBI, the BSCA gave the FBI up to seven additional days to review only disqualifying juvenile records from sources like local law enforcement and state databases.
- This provision sunsets after ten years.
MYTH: This requires individuals facing red flag-related court proceedings to hire a lawyer they can’t afford.
FACTS:
- Prior to the BSCA, many states didn’t allow individuals in these types of civil proceedings to have a lawyer, unlike in criminal proceedings.
- The BSCA changes that to ensure everyone is able to have an attorney help them fight.
Sen. Cornyn Successfully Fought to Keep Out of the BSCA:
- Universal background checks
- Assault weapons ban for Americans ages 18-21
- Mandatory waiting period for all firearm sales
- Ban on high-capacity magazines