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. 6. Report to the Congress

Within 150 days after the date of the enactment of this Act, the Attorney General, in consultation with the National Resource Center on Domestic Violence and Firearms, shall submit to the Congress a report analyzing the effect, if any, of this Act on the safety of victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking, disaggregated by State, and whether any further amendments to the background check process, including amendments to the conditions that must be met under this Act for a firearm to be transferred when the system has not notified the licensee that such transfer would not violate subsection (d), (g), or (n) of section 922 of title 18, United States Code (as applicable), or State, local, or Tribal law, would likely result in a reduction in the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.