H.R.3868 - Enhanced Background Checks Act of 2025 (119th Congress)
Summary
H.R. 3868, the Enhanced Background Checks Act of 2025, aims to amend Title 18 of the United States Code to strengthen background check procedures for firearm transfers by Federal firearms licensees to non-licensees. The bill introduces a petition process for individuals facing delays in background checks, requiring the Attorney General to establish a website for electronic submissions and respond to petitions promptly. It also extends the waiting period for firearm transfers under certain circumstances and mandates several reports from the Comptroller General, the FBI Director, the Attorney General, and the Inspector General of the Department of Justice regarding the effectiveness and impact of the enhanced background check procedures.
Expected Effects
The bill's enactment would likely result in longer waiting periods for some firearm purchases, particularly for individuals whose background checks are not immediately resolved. It would also increase the administrative burden on the Attorney General and the FBI, requiring them to process petitions and generate reports. The intended effect is to reduce the likelihood of firearms being transferred to prohibited persons, while also providing a mechanism for individuals facing delays to seek resolution.
Potential Benefits
- Reduced risk of firearm transfers to prohibited individuals.
- Enhanced accuracy of background checks through additional review processes.
- Increased transparency through mandated reports on the effectiveness of the background check system.
- A formal petition process for individuals experiencing delays, potentially expediting lawful firearm transfers.
- Improved data collection and analysis to inform future policy decisions related to firearm regulation.
Potential Disadvantages
- Potential delays in firearm transfers for law-abiding citizens.
- Increased administrative burden and costs for the Attorney General, FBI, and other agencies.
- Possible legal challenges based on Second Amendment rights.
- The 10-day waiting period could be seen as an infringement on the right to bear arms.
- The effectiveness of the petition process may vary depending on the resources allocated to it.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is complex. Proponents argue it supports the Second Amendment by ensuring responsible gun ownership through thorough background checks. They might cite the preamble's goal of ensuring domestic tranquility and providing for the common defense as justification for reasonable regulations. Opponents may argue that the extended waiting periods and additional requirements infringe upon the right to bear arms, as protected by the Second Amendment. The constitutionality of the bill would likely be determined by the courts, weighing the government's interest in public safety against individual rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).