Firearm Access During Shutdowns Act of 2025
- Sponsor
- Sen. Risch, James E. [R-ID]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 30, 2025
Bottom line
The bill aims to prevent disruptions to critical firearm-related government services, such as background checks and export licensing, during future federal government shutdowns.
What it actually does
This bill designates specific federal government operations related to firearms as essential services that must continue during a lapse in appropriations (government shutdown). It achieves this by deeming these functions as relating to an emergency involving the safety of human life or the protection of property, thereby classifying the employees performing them as "excepted employees" who must report to work. The covered operations include the National Instant Criminal Background Check System (NICS), enforcement programs of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and firearm export licensing activities by the Bureau of Industry and Security (BIS) and the Directorate of Defense Trade Controls (DDTC).
Proponents argue
Supporters argue that the bill ensures the continuity of essential government functions vital for upholding Second Amendment rights by preventing delays for law-abiding citizens seeking to acquire firearms. They also contend that maintaining consistent oversight of firearm exports and ATF enforcement is crucial for national security and public safety, asserting that these critical services should not be halted due to political funding disputes.
Opponents contend
Opponents might argue that this bill selectively exempts certain functions from the impacts of a government shutdown, potentially undermining the incentive for Congress to pass appropriations bills on time. They may also raise concerns about prioritizing specific services over others during a broader government closure, potentially creating an uneven playing field for different federal functions.
The bill is very short and clearly written, making it highly accessible for any reader to understand its provisions quickly.
Section 2(a) and 2(b)
Continuation of Firearm-Related Operations During Government Shutdowns
This provision mandates that several key federal government functions related to firearms must continue operating even if there is a lapse in federal appropriations, commonly known as a government shutdown. It achieves this by classifying these operations as "emergency" services necessary for human life or property protection, which allows the employees performing them to be deemed "excepted employees" and continue working. The specific services covered include the National Instant Criminal Background Check System (NICS) of the FBI, enforcement programs of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and firearm and firearm-related product export licensing activities conducted by the Bureau of Industry and Security (BIS) and the Directorate of Defense Trade Controls (DDTC).
Supporters argue
Supporters argue that ensuring these services continue is vital for upholding Second Amendment rights by preventing undue delays for law-abiding citizens. They also contend that maintaining consistent export controls and enforcement by ATF is critical for national security and public safety, asserting that these functions are too important to be subject to political funding impasses.
Critics contend
Critics might contend that selectively exempting certain agencies or functions from shutdown impacts undermines the principle of shared sacrifice during a lapse in appropriations. They may argue that this approach could be seen as prioritizing specific interests over broader government funding stability, potentially altering the dynamics of future appropriations debates.
Tradeoffs
The bill navigates the tension between ensuring uninterrupted government services deemed critical by some stakeholders and the broader implications of exempting specific functions from the consequences of a government shutdown, which could influence future legislative strategies for funding the government.