The Enhanced Background Checks Act of 2025 is a proposed law aimed at tightening the rules around firearm background checks in the United States. By extending the waiting period for gun purchases and adding more oversight, the bill seeks to prevent firearms from ending up in the hands of those who are legally prohibited from owning them.
What This Bill Does
The Enhanced Background Checks Act of 2025 proposes several changes to how background checks for gun purchases are conducted. Currently, if a background check doesn't immediately flag a problem, a gun seller can proceed with the sale after three business days. This bill extends that waiting period to ten business days. This means that if there is no immediate response from the background check system, the seller must wait longer before completing the sale.
Another major change is that potential gun buyers will need to submit a petition stating they believe they are legally allowed to own a gun. This petition can be submitted online or by mail, and it asks for a response within ten business days. The Attorney General is tasked with making sure these petition forms are available and that the process runs smoothly.
The bill also includes several reporting requirements. For example, the Comptroller General will need to report on how the law is being implemented and whether there are any delays or denials in the background check process. Additionally, the FBI will have to report annually on the number of unapproved transfers and the outcomes of petitions.
Why It Matters
This bill could have a significant impact on gun buyers, sellers, and the general public. For gun buyers, especially those in rural areas or those purchasing firearms for hunting, the extended waiting period could mean longer delays in acquiring a firearm. This might be inconvenient for those who rely on timely purchases for seasonal activities.
On the other hand, the bill aims to enhance public safety by ensuring that firearms do not end up in the hands of individuals who are not legally allowed to have them. This includes people with a history of domestic violence or certain mental health issues. By adding more time and oversight to the background check process, the bill hopes to catch more of these cases before a sale is completed.
Key Facts
- Cost/Budget Impact: No specific budget estimate is available, but the bill relies on existing funding for the background check system.
- Timeline for Implementation: The bill's provisions would take effect 210 days after enactment.
- Number of People Affected: The bill would impact all prospective gun buyers and approximately 80,000 federal firearms licensees.
- Key Dates: Reports on the bill's implementation are required 90 days, 150 days, and annually after enactment.
- Precedents: The bill builds on the Brady Handgun Violence Prevention Act, which established the current background check system.
- Cosponsors: The bill has 121 cosponsors, indicating significant support within Congress.
- Real-World Examples: Similar state laws, like California's 10-day waiting period, have shown reductions in impulsive violence.
Arguments in Support
- Enhanced Safety: Supporters argue that the extended waiting period and petition process will help prevent firearms from reaching individuals who are prohibited from owning them, thereby reducing the risk of gun violence.
- Domestic Violence Prevention: The bill includes specific measures to protect victims of domestic violence by ensuring abusers cannot easily obtain firearms.
- Accountability and Oversight: By requiring standardized processes and regular reporting, the bill aims to improve accountability and track the effectiveness of background checks.
- Closing Loopholes: The bill addresses the issue of "delayed denials," where individuals are found ineligible after a firearm has already been transferred.
- Data-Driven Approach: Regular reports will provide data to evaluate the bill's effectiveness and make necessary adjustments.
Arguments in Opposition
- Second Amendment Concerns: Critics argue that the extended waiting period infringes on the right to bear arms by delaying lawful purchases.
- Increased Burden: The additional paperwork and waiting time could place an undue burden on gun buyers and sellers, particularly small businesses.
- Effectiveness Doubts: Some believe the bill may not effectively prevent criminals from obtaining guns, as they might bypass the system through private sales.
- Privacy Issues: The requirement for petitions raises concerns about the collection and protection of personal data.
- Impact on Low-Risk Groups: The bill could disproportionately affect low-risk individuals, such as rural buyers or first-time gun owners, by imposing unnecessary delays.