November 21, 2025 – During the pendency of the recent federal government shutdown, Senator Jim Risch (R-ID) and Representative Ben Cline (R-VA-6) introduced companion bills in the Senate and House of Representatives titled Firearm Access During Shutdowns Act (S.3085 and H.R. 5874), which aims to ensure that crucial federal operations related to firearms are not impacted by future government shutdowns. The legislation responds to concerns regarding delayed background check processing and export licensing during the most recent and prior government shutdowns, which has resulted in delayed firearm transfers and significant interruption of firearm industry business operations.
Explaining the purpose of the proposed legislation, Representative Cline stated: “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.”
If enacted, the legislation would prevent the shutdown of the National Instance Criminal Background Check System (NICS), ATF Directorate of Enforcement Programs and Services, and key export licensing operations performed by the Department of Commerce and the Department of State. The legislation would deem these functions necessary for “the safety of human life or the protection of property,” such that they would continue to operate during government shutdowns under the Antideficiency Act. Employees involved in these operations would be classified as “excepted employees,” meaning that they would be legally required to continue working during a lapse in appropriations.
The bills have been referred to the Senate Judiciary Committee and the House Committees on the Judiciary and Foreign Affairs. No floor votes have yet been held on the proposed legislation.
Renzulli Law Firm, LLP will continue to monitor new and developing firearm related laws around the country. If you have any questions concerning firearms-related legislation or regulation, please contact John F. Renzulli or Christopher Renzulli.