Two Bills Introduced to Protect Gun Rights in Future Government Shutdowns

When Congress fails to keep the federal government funded, everyday Americans feel the ripple effects. However, a government shutdown should never hinder law-abiding citizens’ Constitutional rights, especially including their Second Amendment right to keep and bear arms.

During lapses in federal appropriations funding forcing federal government shutdowns like the one currently happening, federal agencies deemed “non-essential” are required to suspend Second Amendment-critical activities, including licensing and application processing and more. To be clear, FBI National Instant Criminal Background Check System verifications for the purchase of a firearm are usually still processed, though there can often be significant delays. However, most other Bureau of Alcohol, Tobacco, Firearms and Explosives services to the firearm industry are not fully staffed, including National Firearms Act Division for commercial activity, Firearm and Ammunition Technology Division, Federal Firearms Licensing Center and more. These closures can greatly impact the firearm industry and Americans’ ability to exercise that fundamental right.

The Second Amendment doesn’t include an asterisk that reads, “Void during budget disagreements.” Yet that’s precisely the downstream effect government shutdowns have on the firearm industry.

Thanks to the leadership of two Members of Congress, though, that disruption may soon be remedied.

Why Shutdowns Shouldn’t Shut Down Rights

Under current practice, a government shutdown does not impact every federal function equally. The FBI’s NICS has historically been treated as essential, meaning most standard background checks for firearm transfers continue to be processed. But other critical services do not fare as well. ATF often suspends or sharply reduces operations in its NFA Division, Imports Branch and Federal Firearms Licensing Center. That means suppressor transfers, short-barreled rifle and short-barreled shotgun approvals, import permits and licensing matters can grind to a halt, even when buyers and sellers have complied with every legal requirement.

The result is a government-created choke point for both individual rights and lawful commerce.

To correct this unacceptable situation, the Firearm Access During Shutdowns Act was introduced by U.S. Sen. James Risch (R-Idaho), as S. 3085, and by U.S. Rep. Ben Cline (R-Va.), as H.R. 5874. The Act would guarantee law-abiding Americans can continue to exercise their Second Amendment rights during a government shutdown, requiring federal agencies to continue processing firearm applications and licenses during a government shutdown.

“The government shutdown has real impacts on real people, but it certainly should not compromise our constitutional rights,” Sen. Risch stated in a press release. “[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.”

“Law-abiding Americans shouldn’t lose their Second Amendment rights every time Washington fails to do its job,” Rep. Cline added in his own press release. “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.”

What the Firearm Access During Shutdowns Act Does

As numerous manufacturers, retailers and law-abiding buyers have experienced during the current government shutdown – soon the longest in U.S. history – both the FBI and ATF have halted most operations associated with additional background checks and licensing application processing, grossly disrupting firearm and accessory sales nationwide and leaving law-abiding gun owners in limbo.

The Firearm Access During Shutdowns Act would in essence deem these agency functions as “essential,” requiring the pertinent federal agencies to continue processing firearm applications and licenses during a lapse in appropriations. If the federal government is going to maintain gatekeeping authority over firearm transfers, NFA items, import permits and licensing, it must keep those gates open for law-abiding citizens regardless of the political calendar. The bill would not change who may lawfully possess a firearm, nor does it create new categories of firearms or accessories. It simply ensures that existing, legally mandated processes continue to function when Congress has failed to fund the government.

During the 2020 coronavirus pandemic, NSSF worked diligently in tandem with the first President Donald Trump administration to ensure the firearm industry and industry-related businesses received “What the Firearm Access During Shutdowns Act Does” designation within the Department of Homeland Security (DHS), protecting the industry against Blue state governor attempts to shutter businesses under the guise of “emergency declarations.”

The Firearm Access During Shutdowns Act from Sen. Risch and Rep. Cline would similarly protect firearm industry-related processes from stopping no matter what political party is in charge or if future federal shutdowns occur.

A Commonsense Solution to Washington’s Gridlock

If anything, this current shutdown has exposed the danger of concentrating so much authority over lawful firearm transfers in federal hands. When agencies unilaterally decide that background checks and licensing are optional and “non-essential,” they aren’t just trimming bureaucracy, they’re picking favorites among Constitutional freedoms. And as NSSF often says, rights delayed are rights denied.

Government shutdowns may be a recurring feature of modern politics, but they should never become a recurring excuse to deny fundamental liberties. The Firearm Access During Shutdowns Act recognizes that reality and draws a clear line: The Second Amendment is open for business, even when Washington isn’t.

 

Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.