Justice Department Expands Background Checks and Red Flag Programs

On September 26, 2022, the U.S. Department of Justice (DOJ) announced a comprehensive plan aimed at enhancing gun violence prevention measures. This initiative focuses on improving the sharing of criminal and mental health histories of individuals under 21 through the FBI's National Instant Criminal Background Check System (NICS). The DOJ's efforts are in response to the challenges posed by existing juvenile justice and mental health systems that limit information sharing, which is crucial for effective background checks. In addition to addressing background checks, the DOJ is providing resources to assist small and rural law enforcement agencies in managing mass shooting incidents, particularly lessons learned from the tragic Robb Elementary School shooting in Uvalde, Texas. This includes a checklist for law enforcement training and a dedicated resource webpage. The DOJ's plan also includes significant financial support, with $85 million allocated for community violence intervention and prevention initiatives, alongside over $135 million designated for red flag programs across 48 states. These funds aim to enhance crisis intervention efforts and ensure that individuals deemed a danger to themselves or others can be effectively managed. While the firearms industry supports these measures, concerns have been raised regarding the preservation of due process rights in red flag laws. The DOJ's actions reflect a broader commitment to public safety while navigating the complexities of gun control and mental health issues in the United States.