Federal law currently allows a licensed firearms dealer to complete a sale after three business days even if the FBI's National Instant Criminal Background Check System (NICS) has not yet returned a result — a provision sometimes called the 'default proceed' rule. S-3458 would close that window entirely by amending 18 U.S.C. § 922(t)(1) to require that a background check be fully completed before any transfer can occur. The change would affect all retail firearm purchasers and dealers nationwide, as well as NICS processing timelines, since no sale could lawfully proceed while a check remains pending. A conforming amendment also removes the existing ten-business-day outer limit on how long a delayed check can extend, meaning the hold on a sale would last indefinitely until NICS returns a determination.
Civil Liberties
- Default-proceed window — three-day completion path removed for firearm sales
- Background-check completion requirement — sale blocked until NICS returns a result
- Outer time limit on delayed checks — ten-day cap removed, hold can run indefinitely
Congressional Summary
Background Check Completion Act of 2025This bill prohibits a licensed gun dealer from transferring a firearm to an unlicensed person prior to the completion of a background check. Current law permits a licensed gun dealer to transfer a firearm to an unlicensed person if a submitted background check remains incomplete after three business days.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2025-12-11
- Date Added
- 2026-05-29
- Source
- Congress.gov →
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