Enhanced Background Checks Act of 2025
- Sponsor
- Rep. Clyburn, James E. [D-SC-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 10, 2025
Bottom line
This bill significantly lengthens the waiting period for firearm purchases when NICS background checks are delayed, aiming to prevent transfers to prohibited persons, while also requiring new reporting on the system's performance.
What it actually does
This bill amends federal law to significantly extend the waiting period for firearm transfers from a Federal firearms licensee (FFL) to an unlicensed person if the National Instant Criminal Background Check System (NICS) does not provide an immediate determination. It changes the 'default proceed' rule from 3 business days to 10 business days, requiring the prospective purchaser to submit a petition for review to the Attorney General. The bill also sets reporting requirements for the Government Accountability Office (GAO) and the Federal Bureau of Investigation (FBI) regarding the implementation and effectiveness of these changes.
Proponents argue
Supporters argue that extending the NICS waiting period for delayed background checks is a critical measure to prevent firearms from falling into the hands of individuals legally prohibited from owning them. They contend that the current 3-day 'default proceed' loophole allows dangerous individuals to acquire weapons before their background check can be completed, leading to tragic consequences. The petition process ensures due process while strengthening public safety.
Opponents contend
Opponents argue that extending the waiting period infringes upon the Second Amendment rights of law-abiding citizens by delaying their ability to exercise their right to self-defense. They contend that the vast majority of delayed checks eventually clear, and that the extended waiting period, coupled with a new petition requirement, creates an undue burden and effectively amounts to a de facto gun ban for many, particularly in rural areas or during emergencies.
The bill is relatively short and clearly structured, making it accessible for an informed reader to understand its core changes within a reasonable timeframe.
Section 2(1)(A) of the bill, amending 18 U.S.C. 922(t)(1)(B)(ii)
Extended NICS Background Check Waiting Period
This provision changes the existing 'default proceed' rule for firearm transfers. Currently, if the NICS system doesn't respond within 3 business days, a licensed dealer can proceed with the sale. This bill extends that period to 10 business days and requires the prospective purchaser to submit a formal petition for review to the Attorney General, certifying they are not prohibited from owning a firearm, before the transfer can proceed after the 10-day period.
Supporters argue
Supporters argue this extension closes a dangerous loophole that allows prohibited persons to acquire firearms. They cite instances where individuals who later committed violent crimes obtained firearms during the 3-day waiting period before their background check could be completed. The longer period provides law enforcement more time to complete investigations and prevent illegal transfers.
Critics contend
Opponents contend that this provision creates an unconstitutional burden on the Second Amendment rights of law-abiding citizens. They argue that the vast majority of delayed checks eventually clear, and that the extended waiting period, coupled with the petition requirement, effectively creates a de facto ban for many, especially those needing a firearm for self-defense in an emergency.
Tradeoffs
Balances the desire to prevent firearms from reaching prohibited individuals by allowing more time for background checks against concerns about infringing on the Second Amendment rights of law-abiding citizens and creating undue delays in firearm acquisition.
Section 2(1)(A) of the bill, amending 18 U.S.C. 922(t)(1)(B)(ii), and Section 2(2) adding new paragraphs (7) to 18 U.S.C. 922(t)
Attorney General's Role in Petition Process
This provision establishes a formal petition process for individuals whose background checks are delayed beyond 10 business days. The Attorney General is mandated to prescribe the form for these petitions, make it available electronically and to licensees, provide written notice of receipt, and respond on an expedited basis. The petition requires the applicant to certify they are not prohibited from possessing a firearm.
Section 2(1)(B) of the bill, amending 18 U.S.C. 922(t)(1)(C)
Clarification for Under-21 Transfers
This provision modifies the conditions under which a firearm transfer can proceed for individuals under 21 years of age when a NICS check is delayed. It aligns the conditions for these younger purchasers with the new, stricter 10-business-day waiting period and petition requirement, meaning they too would need to meet the extended waiting period and petition requirements if their check is delayed.
Section 2(2) of the bill, adding new paragraph (8) to 18 U.S.C. 922(t)
Extended Reliance on NICS Determinations
This provision allows a Federal firearms licensee (FFL) to rely on a NICS 'proceed' notification for an extended period. If NICS notifies the licensee that a transfer would not violate law within 3 business days of the initial contact, the licensee can rely on that notification for the longer of an additional 25 calendar days or 30 calendar days from the initial contact date. Similarly, if a purchaser meets the new 10-day petition requirements, the licensee can rely on that for an additional 25 calendar days.
Section 4
Government Accountability Office Reports on Implementation
This section mandates the Comptroller General of the United States (GAO) to submit reports to Congress within 1, 3, and 5 years after the bill's effective date. These reports will analyze how the new extended background check procedures and petition process have prevented firearms from being transferred to prohibited persons. They must include an assessment of overall implementation challenges, aggregate descriptions of purchase delays and denials (disaggregated by State and denial basis), and an analysis of submitted petitions.
Section 5
FBI Annual Reports on Unresolved Petitions
This section requires the Director of the FBI to make an annual public report on petitions submitted under the new 10-day waiting period that were not resolved within that timeframe. The report must include the number of petitions received, the number of petitioners found ineligible during and after the 10-day period (with basis for ineligibility), and the number of denied petitioners prosecuted for attempting to receive a firearm, all disaggregated by State.
Section 6
Report on Impact on Domestic Violence Victims
Within 150 days of enactment, the Attorney General, in consultation with the National Resource Center on Domestic Violence and Firearms, must submit a report to Congress. This report will analyze the effect of the Act on the safety of victims of domestic violence, abuse, dating partner violence, sexual assault, and stalking, disaggregated by State. It will also assess whether further amendments to the background check process would reduce the risk of harm to these victims.