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H.R. 3868: Enhanced Background Checks Act of 2025

This bill, titled the Enhanced Background Checks Act of 2025, aims to amend existing laws related to firearm background checks in the United States. The main provisions of the bill include:

Strengthening Background Check Procedures

The bill proposes modifications to the background check process that Federal firearms licensees must follow before transferring firearms to individuals. Key changes include:

If a transaction does not receive a notification that it would violate federal or state law, the licensee must wait at least 10 business days after contacting the relevant system before proceeding with the transaction.
The individual seeking to purchase the firearm must submit a petition for review through an online system or by mail, certifying that they believe they are legally allowed to purchase firearms. This petition must request a response within the same 10 business day period.
If no negative notification is received after 10 business days, the licensee can proceed with the transfer, ensuring additional safeguards are in place.

Petition Management

The Attorney General is required to:

Create a standardized form for individuals to submit their petitions.
Make this form available electronically to all licensees.
Notify both the individual petitioning and the licensee about the status of the petition.
Respond quickly to petitions, ensuring timely communication throughout the process.

Reports and Analysis

To assess the effectiveness of the changes made by this bill, the following reports will be prepared:

The Comptroller General will evaluate how well the amended procedures prevent firearm transfers to prohibited individuals, including an analysis of implementation challenges and trends in purchase delays and denials.
The Director of the Federal Bureau of Investigation will report annually on petitions related to firearm transfers not immediately approved, detailing the number of petitions filed, outcomes, and any subsequent legal issues arising from denials.
A separate report will analyze the bill's impact on domestic violence and related safety concerns within 150 days after enactment.

Effective Date

The provisions of this bill would take effect 210 days after the date it is enacted.

Conforming Amendments

The legislation also includes amendments to existing laws to ensure consistency with the new background check procedures, particularly regarding timeframe limits on firearm transactions.

Additional Reporting Requirements

Further requirements are outlined for the Department of Justice, which will include reports on firearm transactions that have been denied based on the national background check system, with investigations referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.