Bill Summary
The "Firearm Access During Shutdowns Act" is a legislative proposal aimed at ensuring that specific federal operations related to firearms laws and export licensing continue without interruption during government shutdowns. The Act designates certain activities as essential for public safety and property protection, thereby allowing employees involved in these operations to remain at work even when funding is temporarily unavailable.
Key provisions of the Act include:
1. **Continuation of Operations**: It stipulates that critical functions related to the National Instant Criminal Background Check System, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and relevant activities within the Departments of Commerce and State concerning firearms and export licensing will persist during a lapse in appropriations.
2. **Designation of Employees**: Employees conducting these essential operations are classified as "excepted employees," meaning they are required to continue working despite the shutdown.
Overall, the Act aims to maintain the enforcement of firearm laws and the processing of firearm-related exports even during periods when the federal government may not be fully operational.
Possible Impacts
The "Firearm Access During Shutdowns Act" could affect people in several ways:
1. **Continued Background Checks**: The legislation ensures that the National Instant Criminal Background Check System (NICS) continues to operate during government shutdowns. This means that individuals seeking to purchase firearms will still undergo background checks, which could help prevent prohibited individuals (such as felons or those with mental health issues) from acquiring firearms, thus potentially enhancing public safety.
2. **Maintained Law Enforcement Functions**: By designating certain operations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as essential, the act allows these agencies to continue their enforcement functions. This could lead to ongoing investigations and enforcement actions against illegal firearms trafficking and other violations, which may reassure communities concerned about gun violence and illegal firearms.
3. **Processing of Export Licenses**: The legislation allows the Bureau of Industry and Security and the Directorate of Defense Trade Controls to continue processing applications for the export of firearms and related products. This can impact businesses involved in the manufacturing and exporting of firearms, ensuring that their operations are not disrupted by government shutdowns, which could, in turn, affect employment and economic activity in the firearms industry.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5874 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5874
To ensure that certain operations, functions, and services of the
Federal Government relating to enforcement of firearms laws and firearm
export licensing continue during a lapse in appropriations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 31, 2025
Mr. Cline (for himself, Mr. Carter of Georgia, Mr. Hunt, Mr. Moore of
Alabama, Ms. Hageman, Mr. Harris of North Carolina, Mr. Collins, Mr.
McCormick, Mr. Cloud, Mr. Weber of Texas, Mr. Burlison, Ms. Boebert,
Mr. DesJarlais, Mr. Webster of Florida, Mr. Gooden, Ms. Mace, Mr.
Fitzgerald, Mr. Feenstra, Mr. Jackson of Texas, Mr. Higgins of
Louisiana, Mr. Downing, Mr. Fine, and Mr. Moore of West Virginia)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Foreign Affairs, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To ensure that certain operations, functions, and services of the
Federal Government relating to enforcement of firearms laws and firearm
export licensing continue during a lapse in appropriations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearm Access During Shutdowns
Act''.
SEC. 2. CONTINUATION OF CERTAIN FIREARM-RELATED OPERATIONS DURING
GOVERNMENT SHUTDOWNS.
(a) In General.--The operations, functions, and services described
in subsection (b) shall be deemed to relate to an emergency involving
the safety of human life or the protection of property for purposes of
section 1342 of title 31, United States Code, and the employees
carrying out those operations, functions, and services shall be deemed
to be excepted employees, as defined in section 1341(c) of that title.
(b) Operations, Functions, and Services.--The operations,
functions, and services described in this subsection are the
operations, functions, and services of--
(1) the National Instant Criminal Background Check System
of the Federal Bureau of Investigation, including the
processing of background checks in support of the operations of
the Directorate of Enforcement Programs and Services of the
Bureau of Alcohol, Tobacco, Firearms and Explosives;
(2) the Directorate of Enforcement Programs and Services of
the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(3) the Bureau of Industry and Security of the Department
of Commerce relating to firearms and firearm-related products,
including activities related to processing of applications for
export licenses; and
(4) the Directorate of Defense Trade Controls of the
Department of State relating to firearms and firearm-related
products, including activities related to processing of
applications for export licenses.
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