Right now, if the FBI doesn't finish a gun background check within three business days, federal law lets the licensed dealer sell the firearm anyway — the so-called 'Charleston loophole' that let the 2015 Mother Emanuel church shooter obtain his gun. This bill would extend that window to 10 business days, with an additional petition process before a sale can proceed. It would mostly affect the small share of background checks that aren't resolved in three days, and would delay some lawful purchases while closing a path that's currently used in a relatively small number of prohibited sales. Takes effect 210 days after enactment.
Congressional Summary
Enhanced Background Checks Act of 2025This bill establishes more stringent background check requirements for proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.The Government Accountability Office must report on the extent to which the changes have prevented firearms transfers to prohibited persons.The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations.The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Introduced in House
- Action Date
- 2025-06-10
- Date Added
- 2026-04-19