Firearm Access During Shutdowns Act of 2025
Key claim: If enacted, FBI gun-purchase background checks and federal firearm export licensing would keep running during a government shutdown, with the workers who do those jobs treated as essential.
Abstract
(S3085 · 119th Congress) Firearm Access During Shutdowns Act of 2025 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 (2025-10-30): Read twice and referred to the Committee on the Judiciary.
Why this matters
Government shutdowns have historically paused BIS and DDTC firearm export-license processing, stranding exporters mid-shipment and delaying foreign deliveries until appropriations resume. By statutorily deeming the licensing workforce essential, this bill would remove shutdowns as a source of trade-flow interruption for a politically sensitive export category, while expanding the scope of ‘essential’ functions beyond the traditional life-safety definition.