Firearm Background Checks and Export Licenses Must Continue Even During Government Shutdowns

If you’ve ever tried to buy a new computer or start a new project only to be told, “Sorry, the system is down,” you know how frustrating a government shutdown can be. When the federal government closes its doors, a lot of essential services grind to a halt, creating chaos and uncertainty. The Firearm Access During Shutdowns Act of 2025 aims to prevent that kind of disruption in specific areas related to firearms, essentially designating key functions as too important to pause.

This bill mandates that several core operations must continue running full speed ahead, even if Congress can't pass a budget. The most immediate impact for most people is that the National Instant Criminal Background Check System (NICS), run by the FBI, must stay open. This system is the backbone of legal firearm transactions, and if it shuts down, gun sales at licensed dealers stop dead in their tracks. By keeping NICS operational, the bill ensures that legal transfers can continue without interruption, maintaining both public safety checks and access for buyers.

Keeping the Gears Turning: ATF and Export Licenses

Beyond background checks, the bill also targets the federal agencies responsible for enforcement and international commerce. Specifically, the operations of the Directorate of Enforcement Programs and Services of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are deemed essential. This means the law enforcement and regulatory side of the ATF won’t take a forced vacation during a shutdown, which is intended to ensure continued oversight and enforcement activities.

Furthermore, the bill focuses on the business side of the firearm industry, which often requires federal sign-off for international sales. The operations of the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of State’s Directorate of Defense Trade Controls (DDTC), specifically concerning firearm export licenses, must also continue. For manufacturers and distributors, this is a big deal; it means that a government shutdown won't suddenly freeze up their international supply chains or halt multimillion-dollar export deals waiting for a signature. Keeping these functions active prevents economic disruption for businesses that rely on timely federal processing.

The Cost of Being Essential

So, how does the government keep these lights on when everyone else is sent home? The bill designates the employees performing these specific duties as “excepted employees.” This is the policy equivalent of drawing the short straw during a shutdown. Under existing law (31 U.S.C. 1341(c)), excepted employees are required to show up for work because their jobs are deemed essential for protecting life or property, but they typically don't receive their paychecks until the shutdown ends. While the bill ensures continuity of service for the public and the industry, it places the burden of continued work—and temporary financial uncertainty—squarely on the shoulders of the federal employees who run NICS, the ATF enforcement programs, and the export desks at Commerce and State. They have to work, but they have to wait for the government to reopen to get paid for it.