Firearm Access During Shutdowns Act
Key claim: The Firearm Access During Shutdowns Act (HR5874) would require FBI NICS, ATF Enforcement Programs and Services, Commerce BIS, and State DDTC firearms-related operations—including background checks and export license processing—to continue during government shutdowns as excepted emergency functions.
Abstract
(HR5874 · 119th Congress) Firearm Access During Shutdowns Act This bill requires various federal agencies to continue certain operations, functions, and services related to firearms during a government shutdown. The bill applies to the Federal Bureau of Investigation’s National Instant Criminal Background Check System, including the processing of background checks in support of the operations of the Directorate of Enforcement Programs and Services of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the ATF’s Directorate of Enforcement Programs and Services; the activities of the Department of Commerce’s Bureau of Industry and Security relating to firearms and firearm-related products, including activities related to processing of applications for export licenses; and the activities of the Department of State’s Directorate of Defense Trade Controls relating to firearms and firearm-related products, including activities related to processing of applications for export licenses. Under the bill, (1) these operations, functions, and services are deemed to relate to an emergency involving the safety of human life or the protection of property; and (2) employees carrying out the operations, functions, and services are deemed to be excepted employees. (Under an exception in the Antideficiency Act, an employee whose duties involve the safety of human life or the protection of property may be required to work during a government shutdown. Employees who are required to work during a government shutdown because they fall under this or other exceptions are known as excepted employees.) Latest action (2025-10-31): Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Why this matters
For firearms exporters, shutdown-driven suspensions of BIS and DDTC licensing have historically delayed shipments and stranded goods at ports, and for importers/dealers, NICS outages halt lawful transfers; codifying these functions as excepted would stabilize trade flows in the firearms sector regardless of appropriations status. The bill is a narrow but operationally significant carve-out from the Antideficiency Act’s default furlough posture for export licensing agencies.