Bill Summary
The "Firearm Access During Shutdowns Act of 2025" is legislation designed to ensure the continuity of certain federal government operations related to firearms enforcement and export licensing during government shutdowns caused by lapses in appropriations. Specifically, the bill classifies key operations as essential for public safety and property protection, allowing designated employees to continue their work without interruption.
The operations covered by this legislation include the processing of background checks through the National Instant Criminal Background Check System (NICS), activities by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and functions related to firearms export licensing by the Bureau of Industry and Security and the Directorate of Defense Trade Controls. By deeming these services as essential, the Act seeks to uphold public safety and regulatory compliance even when government funding is temporarily unavailable.
Possible Impacts
Here are three examples of how the "Firearm Access During Shutdowns Act of 2025" could affect people:
1. **Uninterrupted Background Checks**: The legislation ensures that the National Instant Criminal Background Check System (NICS) will continue to operate during government shutdowns. This means that individuals attempting to purchase firearms will still undergo necessary background checks, which could help prevent firearms from being sold to individuals prohibited from owning them due to criminal records or mental health issues. This can enhance public safety and potentially reduce gun violence.
2. **Export Licensing Continuity**: By keeping the Bureau of Industry and Security and the Directorate of Defense Trade Controls operational during a shutdown, the legislation allows for the continued processing of firearm export licenses. This may benefit manufacturers and exporters in the firearms industry who rely on timely approvals to conduct business internationally. However, it could also raise concerns among those who fear that unchecked exports might lead to firearms ending up in the hands of unauthorized or dangerous parties.
3. **Job Security for Federal Employees**: The act categorizes employees involved in these essential operations as "excepted employees," meaning they will continue to work even during a government shutdown without interruption. This provision can provide job security and peace of mind for those employees, knowing their work is deemed critical to public safety. Conversely, it may draw criticism from other federal employees who do not receive the same treatment during shutdowns, leading to disparities in employment conditions within the federal workforce.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3085 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3085
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 SENATE OF THE UNITED STATES
October 30, 2025
Mr. Risch (for himself, Mrs. Capito, Mr. Cassidy, Mr. Crapo, Mr.
Daines, Mr. Lankford, Mrs. Hyde-Smith, Mr. Justice, Mr. Sheehy, and Mr.
Ricketts) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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
of 2025''.
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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