Background Check Completion Act of 2025
- Sponsor
- Sen. Blumenthal, Richard [D-CT]
- Committees
- Judiciary Committee (primary)
- Last action
- Dec 11, 2025
Bottom line
The bill mandates that a licensed firearms dealer cannot complete a firearm sale until a NICS background check has been fully processed and approved, removing all time limits for the check's completion.
What it actually does
This bill eliminates the 'default proceed' provision in federal firearms law, which currently allows licensed dealers to sell a firearm if a background check initiated through the National Instant Criminal Background Check System (NICS) is not completed within three business days. It also removes the 10-business-day maximum limit for NICS checks in the Brady Handgun Violence Prevention Act, effectively mandating that no firearm sale can proceed until an affirmative 'approved' response is received from NICS.
Proponents argue
Supporters argue this bill closes a dangerous loophole that allows firearms to fall into the hands of prohibited individuals when background checks are delayed. They contend it prevents tragedies by ensuring all checks are completed, enhancing public safety and reducing gun violence by keeping weapons out of the hands of those legally barred from owning them.
Opponents contend
Opponents argue this bill infringes on Second Amendment rights by potentially creating indefinite delays for law-abiding citizens seeking to exercise their right to bear arms. They contend it could leave individuals vulnerable by preventing them from acquiring firearms for self-defense in a timely manner, especially if NICS experiences technical issues or backlogs.
The bill is very short and easy to read, allowing ample time for public consideration and understanding of its provisions.
Section 2(a) of the bill, amending 18 U.S.C. 922(t)(1)(B) and striking (C).
Prohibiting Firearm Sales Before Background Check Completion
This provision removes the existing legal allowance for licensed firearms dealers to complete a firearm sale if the FBI's background check system (NICS) has not provided a definitive 'denied' or 'approved' response within three business days. It effectively mandates that a sale cannot proceed until an affirmative 'approved' response is received from NICS, eliminating the 'default proceed' rule.
Supporters argue
Supporters argue this closes a critical loophole that has allowed thousands of firearms to be sold to individuals legally prohibited from owning them, thereby enhancing public safety and preventing gun violence.
Critics contend
Opponents contend this creates an open-ended waiting period, potentially denying law-abiding citizens their Second Amendment rights indefinitely, especially if NICS experiences delays or backlogs.
Tradeoffs
The bill balances the interest in preventing firearms from falling into prohibited hands against concerns about potential indefinite delays for law-abiding citizens seeking to exercise their Second Amendment rights.
Section 2(b)(2) of the bill, amending 34 U.S.C. 40901(l)(3).
Eliminating the Maximum Background Check Delay Period
This provision removes the existing statutory language that states a background check, even if delayed, cannot exceed 10 business days. This change reinforces the primary amendment by ensuring there is no upper limit on how long a background check can take before a sale can proceed, solidifying the requirement for a completed check.