This bill ensures that essential firearm-related government operations, such as background checks and export license processing, continue during a government shutdown.
Ben Cline
Representative
VA-6
The Firearm Access During Shutdowns Act ensures that essential firearm-related government operations continue without interruption during a federal shutdown. This legislation specifically mandates the continuation of the FBI's NICS background check system and related processing at the ATF, Department of Commerce, and Department of State. By deeming these functions essential for protecting life and property, the bill prevents delays in firearm transfers and export licensing during lapses in appropriations.
Firearm Background Checks and Export Licenses Must Continue Even During Government Shutdowns
If you’ve ever had to deal with a government shutdown, you know the drill: everything grinds to a halt. Essential services stay open, but a lot of the machinery that keeps the country running—from processing permits to issuing refunds—just stops. This bill, the “Firearm Access During Shutdowns Act,” is basically a procedural fix designed to keep specific federal operations related to firearms running 24/7, even when Congress can’t agree on a budget.
It explicitly mandates that four key areas must continue operating during any government shutdown, classifying the employees performing these duties as “excepted employees.” The goal is continuity: to ensure that the process of legally acquiring or exporting firearms doesn’t get stuck in bureaucratic limbo just because the appropriations clock ran out.
No Shutdown Delays for NICS
The most immediate impact for everyday people revolves around the National Instant Criminal Background Check System (NICS). This is the system run by the FBI that every licensed firearm dealer uses before transferring a firearm to a purchaser. Under this bill, NICS operations must continue without interruption. Why does this matter? During past shutdowns, NICS operations have often been curtailed or slowed down, leading to massive backlogs and delays for people trying to complete a legal purchase. The bill ensures that the background check process remains functional, which benefits both public safety (by ensuring checks are completed) and lawful purchasers (by avoiding frustrating, weeks-long delays).
Keeping the Industry Moving
Beyond NICS, the bill focuses on maintaining the flow of commerce for the firearms industry. It requires the continuation of operations that support the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in processing background checks and permits. More critically, it targets the processing of export licenses by two key agencies:
- The Bureau of Industry and Security (BIS) within the Department of Commerce.
- The Directorate of Defense Trade Controls (DDTC) within the Department of State.
For small and medium-sized manufacturers who rely on international sales, a government shutdown can be devastating if their export licenses are suddenly put on hold. This provision ensures that businesses can continue to ship products legally, preventing lost contracts and protecting jobs that rely on international trade. It treats these specific regulatory functions as essential for protecting property and maintaining economic stability, ensuring the government doesn't inadvertently halt legal commerce due to an internal funding dispute.
The Upshot: Clarity and Continuity
This legislation doesn't change any existing gun laws; it just clarifies which federal employees are considered essential for maintaining existing processes. By explicitly naming these four operations—NICS, ATF processing, Commerce export licenses, and State Department export licenses—the bill removes ambiguity about whether these functions should continue during a lapse in funding. For the average person, this means one less thing to worry about when the next budget showdown hits Washington: the system designed to facilitate legal firearm transactions and exports will keep the lights on.