H.R. 3868

Enhanced Background Checks Act of 2025

Sponsor: James E. Clyburn

136 cosponsors
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Official summary

Written by the Congressional Research Service.

Enhanced Background Checks Act of 2025

This bill establishes more stringent background check requirements for proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.

Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)

If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.

The Government Accountability Office must report on the extent to which the changes have prevented firearms transfers to prohibited persons.

The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations.

The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.

Text of the bill

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Sec. 2. Strengthening of background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee

Section 922(t) of title 18, United States Code is amended—

(1) in paragraph (1)—

(A) in subparagraph (B), by striking clause (ii) and inserting the following:

Text this section adds to the law

(ii) in the event the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State, local, or Tribal law—

(I) not fewer than 10 business days (meaning a day on which State offices are open) has elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State, local, or Tribal law, and the other person has submitted, electronically through a website established by the Attorney General or by first-class mail, a petition for review which—

(aa) certifies that such other person has no reason to believe that such other person is prohibited by Federal, State, local, or Tribal law from purchasing or possessing a firearm; and

(bb) requests that the system respond to the contact referred to in subparagraph (A) within 10 business days after the date the petition was submitted (or, if the petition is submitted by first-class mail, the date the letter containing the petition is postmarked); and

(II) 10 business days have elapsed since the other person so submitted the petition, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State, local, or Tribal law;

; and

(B) in subparagraph (C)—

(i) by adding or at the end of clause (i); and

(ii) by striking clause (ii) and all that follows through the 2nd comma in clause (iii) and inserting the following:

Text this section adds to the law

(ii) the transfer could be completed lawfully pursuant to subparagraph (B)(ii) if the person had attained 21 years of age

; and

(2) by adding at the end the following:

Text this section adds to the law

(7) The Attorney General shall—

(A) prescribe the form on which a petition shall be submitted pursuant to paragraph (1)(B)(ii);

(B) make the form available electronically, and provide a copy of the form to all licensees referred to in paragraph (1);

(C) provide the petitioner and the licensee involved written notice of receipt of the petition, either electronically or by first-class mail; and

(D) respond on an expedited basis to any such petition received by the Attorney General.

(8)

(A) If, after 3 business days have elapsed since the licensee initially contacted the system about a firearm transaction, the system notifies the licensee that the transfer to, or receipt of, a firearm by such other person would not violate subsection (d), (g), or (n) (as applicable), or State, local, or Tribal law, the licensee may continue to rely on that notification for the longer of—

(i) an additional 25 calendar days after the licensee receives the notification; or

(ii) 30 calendar days after the date of the initial contact.

(B) If such other person has met the requirements of paragraph (1)(B)(ii) or (1)(C) (as applicable) before the system destroys the records related to the firearm transaction, the licensee may continue to rely on such other person having met the requirements for an additional 25 calendar days after the date such other person first met the requirements.