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. 8. Report on firearm transfers denied as a result of a NICS check

Within 90 days after the date of the enactment of this Act, the Inspector General, Department of Justice, shall prepare and submit to the Congress a written report on the number of firearm transactions with respect to which the national instant criminal background check system established under the Brady Handgun Violence Prevention Act has determined that receipt of a firearm by the prospective firearm transferee would violate Federal, State, local, or Tribal law, and which have been referred to the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigation.