Bipartisan Safer Communities Act: What is it? What’s in it? What’s its impact?

The Bipartisan Safer Communities Act (BSCA) was a 2022 U.S. federal law signed by President Joe Biden on June 25, 2022, to reduce gun violence through background-check reforms, new gun-trafficking offenses, and big investments in mental health and school safety. It passed with bipartisan support after multiple high-profile mass shootings and was the first major federal gun safety law in nearly 30 years. This June marks four years since its passing. 

In this article, we’ll recap the key details you need to know about the BSCA. We’ll start with its legislative background, what led to its quick passage, and its key gun safety-related and funding provisions, and then we’ll look at the early evidence from its implementation. Numbers come largely from the White House and DOJ’s two-year report in 2024, but some supplemental studies and other evidence have emerged since then and will be considered when available. Finally, we will look at how the Act was received by both gun rights and gun reform perspectives.

Key Insights

• The BSCA introduced a collection of new laws for gun purchasing and selling, covering age-related background checks, mental health considerations and possession restrictions for convicted domestic abusers.
• The Act allocated billions of dollars between 2022-2026 for state crisis intervention programs, red flag laws, community violence intervention programs and children and family mental health services.
• BSCA received mixed reactions. Gun rights advocates argue it was an overreach and is a step towards a more restrictive future and gun violence prevention advocates feel it didn’t go far enough.

Introduction to the BSCA

The Bipartisan Safer Communities Act is a gun safety, mental health and school safety law that was passed by Congress and signed into law on June 25, 2022.

A bipartisan group of senators, including Democratic Senator Chris Murphy and Republican Senator John Cornyn, worked together with moderates like Senators Kyrsten Sinema and Thom Tillis to produce what was the biggest federal gun legislation since the 1994 assault weapons ban (which has been inactive since 2004). Their alignment on the bill guided them through the difficult political landscape between gun rights and gun safety advocates.

The BSCA had three overall goals: keep guns out of the hands of people at high risk of violence, invest in behavioral health services for kids and families, and improve safety infrastructure in schools and communities. Instead of broad new prohibitions, the law targeted specific gaps in existing law and directed resources to prevention.

Legislative Background and Passage

Political Context and Catalyzing Events

The political pressure that led to the BSCA had been building for years. More than 48,000 Americans were dying from gun violence annually, and Congress had not passed major gun legislation in nearly three decades. The Buffalo and Uvalde shootings in May of 2022 changed that.

The racially motivated attack on a Buffalo supermarket that killed 10 people was a national tragedy felt in communities across the country. Just 10 days later, a gunman walked into Robb Elementary School in Uvalde, Texas and killed 19 children and 2 teachers in one of the worst school shootings in American history. Those two events in such quick succession mobilized public outrage and congressional will to act.

Legislative Vehicle and Negotiations

The legislative vehicle for BSCA was S. 2938, an originally unrelated courthouse-naming bill introduced by Senator Marco Rubio in October 2021. In June 2022, senators added new provisions to this bill. 

Senate negotiations were led by Senator Chris Murphy (D-CT) and Senator John Cornyn (R-TX). Key moderate Senators Kyrsten Sinema and Thom Tillis helped broker compromises on the more contentious issues. They found common ground on state red flag laws without mandating them, enhancing background checks for some without universal checks for all private sales, and domestic violence provisions that didn’t expand gun prohibitions that concerned Second Amendment advocates.

Timeline and Passage

The procedural timeline moved fairly fast for such a major piece of legislation:

• June 21, 2022: Senate introduction of BSCA text
• June 23, 2022: Senate passage by a 65–33 vote
• June 24, 2022: House passage by 234–193 vote
• June 25, 2022: President Biden signs into law

15 Republicans joined all 50 members of the Democratic caucus voting for passage in the Senate. The House vote was mostly party-line.

Stakeholder Reactions

The bill was opposed by several major gun rights groups. The National Rifle Association (NRA) called the bill an infringement on lawful gun ownership and raised due process concerns with red flag laws and burdens on legitimate gun sellers. But several law enforcement groups, including the Fraternal Order of Police and the Major Cities Chiefs Association, endorsed it. 

Education groups like the National Association of School Resource Officers supported the mental health and school safety parts. Gun violence prevention advocates like Everytown for Gun Safety supported the bill but called it a first step, not a full solution.

Provision Area: Background Checks and Firearms Sales Rules

BSCA made several targeted changes to federal background check rules, mainly for buyers under 21 and for people who sell guns without proper licensing. These provisions addressed specific gaps in current law rather than creating new universal requirements.

Background Checks for Buyers Under 21

The Bipartisan Safer Communities Act required enhanced background checks for firearm buyers under the age of 21, with considerations of juvenile criminal history and mental health records. Section 12001 of the law created a more thorough review process:

• The National Instant Criminal Background Check System (NICS) does an initial review over three business days
• If potentially disqualifying information surfaces, the BSCA allows the FBI an additional seven business days to complete enhanced background checks for buyers under 21
• This extended period totals up to 10 business days for a complete review
• During this time, NICS must contact state law enforcement and local law enforcement agencies, as well as courts, to search for disqualifying records

The enhanced checks specifically examine juvenile records for:

• Felony-equivalent adjudications occurring after age 16
• Mental health commitments
• Other disqualifying factors not always captured in federal databases

Previously, many juvenile criminal records and mental health records were not accessible to NICS, allowing some potentially dangerous individuals to purchase firearms immediately upon turning 18.

Addressing the Boyfriend Loophole

The BSCA narrowed the “boyfriend loophole” by preventing people convicted of misdemeanor domestic violence from having guns when those crimes were committed in the context of a dating relationship. 

This expanded on the 1996 Lautenberg Amendment, which only covered spouses and cohabitants. BSCA defined a “dating relationship” as a relationship between people who have or have recently had a continuing serious relationship of a romantic or intimate nature, expanding the scope of domestic violence protections.

This provision addressed a big gap, as research consistently shows that access to firearms dramatically increases the lethality of domestic violence situations. But it doesn’t close the loophole completely, as first-time offenders convicted of misdemeanor domestic violence can have their gun rights restored after five years if they haven’t committed another violent crime during that time. To learn more about this, visit the Justice Department’s website here.

Clarifying Who Needs to Be Licensed

Section 12002 defines when a person is “engaged in the business” of dealing in firearms and must get a federal firearms license and do background checks on buyers. Before, high-volume gun sellers at gun shows or online marketplaces could avoid being a federally licensed firearms dealer by saying they were just hobbyists.

The new definition targeted those selling firearms “primarily for profit” regardless of volume or venue. This partly closed the so-called “gun show loophole” by capturing:

• Repeat sellers treating gun sales as a business
• Those using online platforms for regular transactions
• Sellers without a fixed business location but doing regular business

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a major final rule in April 2024 to implement these definitions with concrete examples. The rule contributed to an increase in federal firearms license applications and was supposed to reduce private transfers without background checks.

Over the past few weeks, it has appeared that the Department of Justice will begin to roll back some of these restrictions.​​ This comes after an announcement of a proposed repeal of the 2024 rule, a move critics described as reopening the ‘gun show loophole.’

State Crisis Intervention and Red Flag Laws

BSCA did not create a national red flag law. Instead, it used federal funding to support crisis intervention programs at the state level, including extreme risk protection orders (ERPOs)—the technical term for red flag laws.

Funding Structure

The BSCA authorized $1.4 billion over 5 years to support new and existing state and tribal violence-prevention and intervention programs. 

Eligible programs under this funding include:

• Extreme Risk Protection Orders (ERPOs): Court-based process to temporarily remove firearms from at-risk individuals.
• Mental Health Courts: Specialized courts addressing defendants with mental health conditions.
• Drug Courts: Courts providing treatment alternatives for substance use disorders.
• Veterans Courts: Specialized dockets for veteran defendants with service-related issues.

Due Process Requirements

The law required strict due process protections for any crisis intervention program receiving federal funds. Requirements include:

• Evidentiary standards for issuing orders
• Judicial oversight of all proceedings
• Clear protocols for returning firearms when risks subside
• Right to contest orders and present evidence
• Time limits on temporary removal

These process protections were key to getting Republican support for the bill, addressing concerns that red flag laws could infringe on constitutional rights without adequate safeguards.

State Implementation

By 2024, over $238 million had been awarded through these grant programs. States have used funds for:

• Judicial training on ERPO procedures
• Law enforcement implementation protocols
• Data infrastructure improvements
• Public awareness campaigns

States with existing ERPO frameworks, like California and New York, received grants to scale implementation. States without red flag laws, like Texas, could still get funding by developing alternative risk-based interventions like mental health courts or veterans courts that meet the statute’s criteria. This accommodated for different political environments while still directing resources to crisis intervention services.

Twenty-two states, in addition to the U.S. Virgin Islands and Washington, D.C., currently have ERPO laws. Critics point out that state-by-state variability raises questions about access to these protections in high-violence areas within states that don’t have red flag laws.

New Federal Offenses: Gun Trafficking and Straw Purchasing

BSCA created, for the first time, explicit federal crimes for interstate gun trafficking and straw purchasing, closing long-criticized gaps in federal law that hampered prosecutors targeting illegal guns flowing into communities.

Straw Purchasing

Straw purchasing is when someone who can legally buy a gun buys one on behalf of someone who can’t or is trying to avoid background checks. Before BSCA, prosecutors often had to rely on patchwork statutes like false statements to bring charges.

Under the new law, straw purchasing is now a standalone federal offense with substantial penalties:

• Up to 15 years imprisonment
• Significant fines
• Asset forfeiture
• Availability of racketeering investigation tools like wiretaps

These enhanced penalties reflect the seriousness with which Congress viewed this practice, which served as a primary pipeline for crime guns entering communities.

Trafficking in Firearms

The new federal crime for unlawfully trafficking in firearms targets those who move guns across state lines for illegal resale or criminal use. This gave prosecutors a clearer statute to take down organized trafficking networks that source firearms in states with weaker laws and transport them to big cities.

ATF data before BSCA showed the agency traced over 230,000 firearms from 2017-2021 to trafficking operations. The new offense enables more aggressive prosecution of:

• Networks moving guns from states with weaker laws
• Organized criminal enterprises dealing in dangerous weapons
• Individuals purchasing multiple firearms for illegal resale

Early Enforcement Results

The BSCA created new federal offenses for unlawfully trafficking in firearms and for straw purchasing, with over 500 defendants charged under these provisions within the first two years of the law’s enactment. Justice Department reports through 2024 show hundreds of federal cases have been brought, disrupting urban “crime gun” pipelines.

ATF has expanded public awareness campaigns, including updated “Don’t Lie for the Other Guy” messaging at firearms retailers. The agency has also conducted enforcement initiatives targeting illegal trafficking, with a focus on networks sourcing in states like Georgia for trafficking to cities like Chicago.

These new tools complement existing ATF authorities and give federal prosecutors a direct charge for conduct that previously required creative application of other statutes.

Funding for Community Violence Intervention, Mental Health and School Safety

A big chunk of BSCA’s dollar value went not to new gun prohibitions but to prevention strategies: community violence intervention, mental health care and behavioral health services, and safer school environments. This is guided by research that shows that addressing the root causes of violence can be more effective than purely punitive approaches.

Community Violence Intervention Programs

Funding for community-based violence intervention (CVI) programs, an evidence-based public health approach to reducing gun violence in vulnerable communities, was included in the BSCA. The bill authorized $250 million for these.

Some CVI programs have been shown to largely reduce gun homicides when faithfully implemented, engaging individuals at the highest risk of being involved in gun violence. These programs use models such as:

• Street outreach workers who intervene in conflicts before they escalate
• Hospital-based violence intervention connecting shooting survivors to supportive services
• Group violence interruption focusing on high-risk individuals and groups
• Cognitive behavioral therapy programs for at-risk youth

The Community Based Violence Intervention and Prevention Initiative (CVIPI) was created to support comprehensive, evidence-based violence intervention and prevention programs, with funding increased to $100 million in FY 2022 and an additional $50 million each year for five years.

These investments target communities that have historically been underserved by prevention resources and where gun violence is most concentrated.

Mental Health Investments

The Bipartisan Safer Communities Act allocated over $10 billion in funding and investments to expand access to mental health services across the country, particularly in communities affected by gun violence. This represented historic federal investment in community mental health services and family mental health services.

Key mental health funding streams include:

• Community Mental Health Block Grants ($250 million): Help states establish or expand community-based mental health services, including emergency services and outpatient treatments.
• Mental Health Awareness Training ($120 million): Train individuals to respond to those experiencing serious emotional disturbances and connect them with necessary resources.
• 988 Suicide and Crisis Lifeline ($150 million): Assist states in implementing a 24/7 crisis line providing free, confidential support.
• Certified Community Behavioral Health Clinics (millions to billions): Expand evidence-based hubs offering 24/7 crisis care, peer support and integrated services.

School-Based Mental Health and Safety

The Act provided historic funding for community and school-based mental health services, including $500 million to $1 billion to train and hire school-based counselors and psychologists. This addressed a critical shortage of school psychologists and mental health professionals in primary and secondary schools.

The BSCA aimed to add approximately 14,000 school psychologists, counselors and social workers to high-need schools across the country through its School-Based Mental Health Services and Mental Health Service Professional Development Grant Programs. This expansion of school-based mental health services addresses:

• Early identification of warning signs in students
• Trauma-informed care for students affected by violence
• Suicide prevention programming
• Support for students experiencing emotional distress

Over $2 billion is allocated through the BSCA for school safety improvements, including funding for programs aimed at enhancing security and training. However, the law explicitly prohibits using funds to purchase firearms for school personnel or for certain “hardening” measures involving weapons.

Eligible school safety investments include:

• Threat assessment teams and training
• Secure building design improvements
• Crisis response protocols and drills
• Staff training in de-escalation techniques
• Relevant school safety technology, including security cameras and weapons detection systems (i.e. metal detectors or AI gun detection systems)

Thousands of schools have received grants supporting safety measures. At the time of the 2024 White House report, more than 5,900 schools had either formed or improved intervention teams, with 95% of assessed threats receiving clinical evaluations. The law also revived STOP School Violence grants, yielding over 2,300 new intervention teams and 141 updated safety plans, the numbers of which have increased since the June 2024 two-year report.

The Department of Education, HHS and DOJ distribute these funds to state and local partners, with emphasis on evidence-based approaches rather than purely punitive measures.

Implementation and Early Impact (2022–2024)

In the years after enactment, federal agencies have issued rules, guidance and grant awards to implement the bipartisan safer communities provisions. Early data suggest meaningful but partial progress in achieving the law’s goals.

Enhanced Background Check Results

The Bipartisan Safer Communities Act mandated enhanced background checks for firearm purchasers under the age of 21, requiring checks of juvenile criminal history and mental health records, which resulted in over 260,000 enhanced checks from its implementation to 2024 and thousands more since then. At the time of the DOJ’s report, there had been around 800 purchases blocked due to the enhanced checks. These denials represent individuals whose disqualifying juvenile records or mental health commitments would not have been discovered under the previous system.

The FBI’s NICS system successfully implemented the extended review periods, contacting state law enforcement, local courts and juvenile justice systems to obtain relevant records.

Domestic Violence Provisions Impact

Thousands of firearm purchases have been denied due to misdemeanor domestic violence convictions, including those related to dating relationships, as a result of the BSCA.

NICS now includes thousands of new records related to misdemeanor domestic violence convictions in dating relationships. These denied transfers previously would have proceeded under the boyfriend loophole, potentially putting domestic abusers’ partners at heightened risk.

ATF Regulatory Actions

The April 2024 ATF final rule further clarified when a person is “engaged in the business” of dealing firearms. The rule provided concrete examples of conduct that would require a federal firearms license, such as:

• Repetitive sales indicating a livelihood
• Regular online marketplace activity
• Gun show selling patterns suggesting commercial operation

This rule aims to bring more high-volume gun sellers under the licensing and background check regime, reducing unregulated private gun sales that bypass the NICS system.

Prosecutions Under New Offenses

Justice Department reporting from FY 2022–FY 2023 shows notable increases in federal cases for unlicensed dealing, straw purchasing and illegal trafficking. These statistics suggest BSCA is providing prosecutors with effective tools against illegal firearms markets that supply crime guns to violent offenders.

Grant Distribution

By 2024, grant programs under BSCA had distributed:

• Over $73 million for school security and threat assessment
• Over $238 million for crisis intervention programs
• Substantial funding for community violence intervention in high-risk neighborhoods
• Expanded 988 Suicide & Crisis Lifeline integration across states

Measuring Overall Impact

Experts caution that measuring the Act’s full impact on national gun violence rates will take years. Researchers note attribution challenges, as multiple factors influence violence trends:

• Post-COVID policing strategy recoveries
• Economic conditions
• State laws passed independently of BSCA
• Local violence intervention initiatives

National gun deaths have continued to fall since their peak in 2021, but determining how much of this decline relates to BSCA versus other factors requires long-term studies.

Critiques, Limitations and Future Policy Debates

While BSCA is widely viewed as a significant step in passing legislation addressing gun violence, critics from both gun rights and gun reform perspectives identify limitations.

Arguments Gun Rights Advocates

The gun rights crowd had several issues with BSCA:

• Red flag due process risks: Despite protections, organizations like the NRA express concern that ERPOs could result in guns being taken without opportunity to contest.
• Dealer definition burdens: Clarified definition of “engaged in the business” may burden hobbyist collectors and occasional sellers who must now navigate complex licensing
• Expansion concerns: Some see BSCA as opening the door to more restrictive future legislation

The National Association for Gun Rights and similar organizations have challenged parts of the law, and the DOJ has made moves to roll back some of the regulations outlined in BSCA.

Arguments from Gun Violence Prevention Advocates

Advocates for gun violence prevention argue BSCA didn’t go far enough:

• Assault weapons ban: Not addressed; left to separate debates.
• High-capacity magazine limits: Not included despite prominence in mass shootings.
• Universal background checks: BSCA enhanced, but doesn’t mandate checks for all private sales.
• National licensing system: Not established under BSCA.
• Safe storage requirements: Not required federally.

Research organizations say that BSCA addressed perhaps 10–20% of violence-related factors, so it might be considered more of a foundation than a comprehensive reform.

Future Policy Debates

Today, debates in Congress and state legislatures center on building upon the bipartisan safer framework:

• Universal background check proposals
• Safe storage requirements for firearm owners
• Age-21 minimums for semiautomatic rifle purchases
• More CVI funding to scale proven interventions
• Reauthorization of expiring BSCA grant programs

Senate filibuster dynamics continue to limit what can pass at the federal level, so state laws are typically where both expanded regulations and gun rights protections will happen.

Political Context

BSCA represented what was politically possible in a near 50/50 split Senate in 2022. The bipartisan group that negotiated the legislation chose areas of potential agreement rather than pursuing maximalist positions from either side.

This approach enabled passage but meant excluding provisions that lacked sufficient Republican support. Both sides view the law as establishing a platform—either for building further reforms or as a line that shouldn’t be crossed with later restrictions.

Debates continue toward BSCA reauthorization discussions, with proposals ranging from expanding CVI funding to adding new firearm restrictions that did not make it into the original legislation.

Conclusion

The Bipartisan Safer Communities Act marks a significant step forward in addressing gun violence, mental health and school safety in the United States. While it is not a comprehensive solution, the law provides essential tools and funding to prevent violence, support at-risk communities and enhance safety infrastructure. Continued efforts and investments are necessary to build on this foundation and create safer communities nationwide.

Want to learn more about how technology and community safety solutions can support these goals? Omnilert is proud to assist organizations across the country in gun violence prevention and response, from proactive AI gun detection technology that can help with identifying firearms faster to integrated ENS and workflow automation that promotes coordinated action during an incident. Learn more here.

Frequently Asked Questions (FAQs):