HR 3868
Enhanced Background Checks Act of 2025
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Bill overview
The Enhanced Background Checks Act of 2025 aims to strengthen the process for federal firearms licensees to verify potential buyers before transferring firearms. It increases the mandatory waiting period for background checks from 3 to 10 business days, requiring a petition for a final determination if the background check is incomplete after 10 days. The bill also establishes procedures for expedited review of petitions and mandates reports on the effectiveness of these changes in preventing transfers to prohibited individuals, as well as the number of petitions received and the reasons for denials.
Key provisions
- Increases the mandatory waiting period for background checks from 3 to 10 business days.
- Requires a petition for a final firearms eligibility determination if a background check is incomplete after 10 business days.
- Establishes a process for expedited review of petitions submitted through a designated website or by mail.
- Mandates GAO reports on the impact of the changes in preventing firearm transfers to prohibited persons.
- Requires the FBI to report on the number of petitions received for final federal firearms determinations.
- Requires the Attorney General to prescribe a petition form and provide it to licensees and petitioners.
- Requires the Attorney General to respond to petitions on an expedited basis.
- Requires the Inspector General of the Department of Justice to report on firearm transactions denied due to NICS checks.
Who is affected
- Federal Firearms Licensees
- Gun Dealers
Sponsors
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119th CONGRESS — 1st Session
H. R. 3868
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee.
This Act may be cited as the Enhanced Background Checks Act of 2025
.
Section 922(t) of title 18, United States Code is amended—
in paragraph (1)—
in subparagraph (B), by striking clause (ii) and inserting the following:
certifies that such other person has no reason to believe that such other person is prohibited by Federal, State, local, or Tribal law from purchasing or possessing a firearm; and
requests that the system respond to the contact referred to in subparagraph (A) within 10 business days after the date the petition was submitted (or, if the petition is submitted by first-class mail, the date the letter containing the petition is postmarked); and
in subparagraph (C)—
by adding or
at the end of clause (i); and
by striking clause (ii) and all that follows through the 2nd comma in clause (iii) and inserting the following:
by adding at the end the following:
prescribe the form on which a petition shall be submitted pursuant to paragraph (1)(B)(ii);
make the form available electronically, and provide a copy of the form to all licensees referred to in paragraph (1);
respond on an expedited basis to any such petition received by the Attorney General.
If, after 3 business days have elapsed since the licensee initially contacted the system about a firearm transaction, the system notifies the licensee that the transfer to, or receipt of, a firearm by such other person would not violate subsection (d), (g), or (n) (as applicable), or State, local, or Tribal law, the licensee may continue to rely on that notification for the longer of—
an additional 25 calendar days after the licensee receives the notification; or
30 calendar days after the date of the initial contact.
If such other person has met the requirements of paragraph (1)(B)(ii) or (1)(C) (as applicable) before the system destroys the records related to the firearm transaction, the licensee may continue to rely on such other person having met the requirements for an additional 25 calendar days after the date such other person first met the requirements.
Section 103(l)(3) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended by striking , but in no case more than 10 business days,
.
Within 90 days after the end of each of the 1-year, 3-year, and 5-year periods that begin with the effective date of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report analyzing the extent to which, during the respective period, paragraphs (1)(B)(ii) and (7) of section 922(t) of title 18, United States Code, have prevented firearms from being transferred to prohibited persons, which report shall include but not be limited to the following—
The Director of the Federal Bureau of Investigation shall make an annual report to the public on the number of petitions received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act that were submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of title 18, United States Code, with respect to which a determination was not made within the 10-day period referred to in subclause (II) of such section 922(t)(1)(B)(ii). The report shall include the following, which shall be disaggregated by State:
The number of petitions submitted under such section that were received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act.
The number of petitioners who were discovered to be ineligible under Federal, State, local, or Tribal law after that 10-day period.
Within 150 days after the date of the enactment of this Act, the Attorney General, in consultation with the National Resource Center on Domestic Violence and Firearms, shall submit to the Congress a report analyzing the effect, if any, of this Act on the safety of victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking, disaggregated by State, and whether any further amendments to the background check process, including amendments to the conditions that must be met under this Act for a firearm to be transferred when the system has not notified the licensee that such transfer would not violate subsection (d), (g), or (n) of section 922 of title 18, United States Code (as applicable), or State, local, or Tribal law, would likely result in a reduction in the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.
This Act and the amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.
Within 90 days after the date of the enactment of this Act, the Inspector General, Department of Justice, shall prepare and submit to the Congress a written report on the number of firearm transactions with respect to which the national instant criminal background check system established under the Brady Handgun Violence Prevention Act has determined that receipt of a firearm by the prospective firearm transferee would violate Federal, State, local, or Tribal law, and which have been referred to the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigation.