WASHINGTON, D.C. — A coordinated legislative push is underway in both chambers of Congress to ensure federal operations related to firearm background checks and export licensing continue without interruption during future government shutdowns.
On October 30 and 31, 2025, lawmakers introduced companion bills in the Senate and House titled the Firearm Access During Shutdowns Act (S.3085 and H.R.5874, respectively). The bills, spearheaded by Senator Jim Risch (R-ID) and Representative Ben Cline (R-VA-6), aim to classify certain federal firearm-related functions as essential services during a lapse in government funding.
If enacted, the legislation would prevent the shutdown of the National Instant Criminal Background Check System (NICS), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Directorate of Enforcement Programs and Services, and key export licensing operations under the Department of Commerce and the Department of State.
According to the bill language, these services would be deemed necessary for “the safety of human life or the protection of property,” a legal designation that allows continued operation under the Antideficiency Act during funding lapses. Employees responsible for carrying out these tasks would be designated as “excepted employees,” permitting them to work through a shutdown.
Key Agencies Protected by the Bill:
- FBI’s NICS: Enables firearm dealers to run background checks on prospective buyers.
- ATF Enforcement Directorate: Processes firearms licensing and regulatory functions.
- Department of Commerce (BIS): Handles export licenses for firearm-related goods.
- Department of State (DDTC): Oversees defense trade controls, including firearms exports.
The House bill (H.R.5874) boasts 26 Republican co-sponsors, including Reps. Lauren Boebert (R-CO), Nancy Mace (R-SC), and Wesley Hunt (R-TX). The Senate version (S.3085) is co-sponsored by 9 Republican senators, including Sens. Shelley Moore Capito (R-WV), Steve Daines (R-MT), and Cindy Hyde-Smith (R-MS).
The House version has been referred to the Committees on the Judiciary and Foreign Affairs. The Senate version has been sent to the Senate Judiciary Committee.
This legislation responds to concerns voiced during previous shutdowns, where background check processing and export licensing faced slowdowns, potentially delaying lawful firearm transfers and business operations.
This bill does not expand or alter any current gun laws but focuses on maintaining the operational status of existing regulatory processes, regardless of budgetary gridlock.
The Firearm Access During Shutdowns Act ensures that a political standoff in Washington cannot obstruct law-abiding citizens’ ability to purchase firearms or prevent lawful commerce in the firearm industry. The bill reinforces the principle that constitutional rights—and the mechanisms to exercise them—should not be paused by administrative dysfunction.
