New Gun Check Rules Allow Transfers After 20 Days of Silence, Mandate Age 21 for Delayed Sales

The new Enhanced Background Checks Act of 2025 is shaking up the rules for buying a gun when the background check system stalls. Essentially, this bill creates a formal, step-by-step process for what happens when the National Instant Criminal Background Check System (NICS) doesn’t give a dealer an immediate "yes" or "no" on a firearm transfer. If you’re a buyer caught in that limbo, the bill now gives you a way to push the sale forward—but it comes with new timelines and a significant loophole that has policy analysts raising eyebrows.

The New 20-Day Clock: When Silence Means Go

Under current law, if NICS doesn't respond, the dealer usually has to wait a set amount of time before the transfer can proceed without a final clearance. This bill changes the game by removing the old hard stop on the check process and replacing it with a new review mechanism (Sec. 2 & Sec. 3). Now, if 10 business days pass and the system hasn't flagged the transfer as illegal, the buyer can submit a formal petition to the Attorney General, certifying they are not a prohibited person. Here’s the kicker: if another 10 business days pass after that petition is filed, and the system is still silent, the transfer can proceed. This effectively creates a 20+ business-day path for a sale to go through without a final, confirmed background check, a mechanism often criticized for creating a safety gap.

For the buyer, this means a structured, albeit lengthy, way out of indefinite delay. For the system, it means a new administrative burden, requiring the Attorney General to create forms, notify dealers and petitioners, and respond on an "expedited basis." Crucially, if the transfer is moving forward under this delayed, silent approval process, the buyer must be at least 21 years old, even if they would otherwise be eligible to purchase the firearm at a younger age under federal law (Sec. 2).

More Data, More Questions

If you’re the kind of person who cares about data and accountability, this bill has a lot for you. It mandates a flood of new reports designed to show exactly how the background check system is functioning—or failing. The Government Accountability Office (GAO) is required to issue three reports over five years, breaking down denial rates by state, the reasons for those denials, and how smoothly the new procedures are being implemented (Sec. 4).

Separately, the FBI Director must start publishing annual public reports focusing specifically on those delayed transfers that required a petition. This report has to track how many delayed individuals were ultimately found to be ineligible, and critically, whether those denials happened before or after the 10-day window expired (Sec. 5). This data is vital for understanding whether the new 20-day rule is simply clearing up bureaucratic delays or if it’s allowing illegal sales to slip through.

The Real-World Trade-Off

This legislation presents a clear trade-off. On one hand, it formalizes a process for individuals caught in bureaucratic delays, offering a defined timeline to complete their purchase instead of being stuck in NICS limbo. On the other hand, by removing the previous hard 10-day limit on the background check and replacing it with a mechanism that allows a transfer after 20 business days of silence, the bill codifies a mechanism where a sale can proceed without a definitive clearance. For a busy person, this means if you are delayed, you now have a formal path to follow, but it also means the system is relying on the buyer's self-certification and the administrative speed of the Attorney General’s office, rather than a completed check, to prevent illegal sales. Finally, the Attorney General is tasked with analyzing the impact of these changes on domestic violence victims, signaling a focus on how the new rules might affect vulnerable populations (Sec. 6).