When the federal government shuts down due to lapses in appropriations, many federal agencies are required to suspend activities deemed “non-essential.” This includes several services related to firearms, such as licensing and application processing. While the FBI’s National Instant Criminal Background Check System (NICS) typically continues to process background checks for firearm purchases, delays are common. Other services provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including those managed by the National Firearms Act Division and Federal Firearms Licensing Center, often halt or significantly reduce operations during shutdowns.
This situation can create significant disruptions for both individuals seeking to exercise their Second Amendment rights and businesses involved in lawful firearms commerce. The temporary suspension of these services means that transfers of suppressors, short-barreled rifles and shotguns, import permits, and other licensing matters may stop entirely even when all legal requirements have been met.
To address this issue, U.S. Senator James Risch (R-Idaho) introduced S.3085 and U.S. Representative Ben Cline (R-Va.) introduced H.R.5874—bills known as the Firearm Access During Shutdowns Act. The proposed legislation would require federal agencies to continue processing firearm applications and licenses during government shutdowns by designating these functions as “essential.”
Senator Risch stated in a press release: “The government shutdown has real impacts on real people, but it certainly should not compromise our constitutional rights. [During the current shutdown], Federal agencies have stopped processing firearm applications, unjustly restricting law-abiding Idahoans’ Second Amendment rights. My Firearm Access During Shutdowns Act ensures our right to lawfully bear arms is not infringed when there is a lapse in appropriations.”
Representative Cline added: “Law-abiding Americans shouldn’t lose their Second Amendment rights every time Washington fails to do its job. The Firearm Access During Shutdowns Act ensures that government dysfunction doesn’t stand in the way of lawful firearm purchases or penalize small businesses that follow the law. I’m proud to introduce this commonsense bill alongside Senator Jim Risch to ensure citizens’ rights are protected and lawful commerce continues, shutdown or not.”
The bills would not change who is eligible to possess firearms or create new categories of weapons or accessories; they are designed solely to keep existing processes operational regardless of whether Congress has passed funding measures.
During the 2020 coronavirus pandemic, efforts were made at the federal level to designate firearms industry-related businesses as providers of “essential critical services,” which allowed them to remain open during emergency declarations from state governments.
The introduction of these bills reflects ongoing debates about how much authority over lawful firearm transfers should rest with federal agencies and highlights concerns that temporary bureaucratic decisions could restrict constitutionally protected freedoms.
