Congress·In Committee·H.R. 3868

Congress Proposes Extending Gun Background Check Wait Times to 20 Days to Close Loophole

Enhanced Background Checks Act of 2025

10 months ago·View on Congress.gov

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Stalled

No legislative action in over 90 days.

Legislative Progress

House

Senate

President

Law

Key Points

This bill changes how long a person must wait to buy a gun if their background check is not finished immediately. Currently, if the background check system does not give an answer within three days, the sale can often go through anyway. This new rule would require a much longer wait to ensure the check is actually finished.
If the background check system is slow, the buyer would first have to wait 10 business days. After that, the buyer must send a special request to the government asking for a final decision. The government then has another 10 business days to finish the check before the gun can be sold.
This is designed to prevent people who are not allowed to own guns from getting them just because the system is busy or missing information. It specifically aims to close a gap that has allowed some people to buy weapons before their criminal records were fully reviewed.
The bill also requires the government to track how many people are blocked by these new rules and whether the changes help protect victims of domestic violence and stalking. This information will be used to see if the law is working as intended.
If this bill becomes law, the new rules would start 210 days after it is signed. This gives gun stores and the government about seven months to get ready for the new system and the new paperwork required for buyers.

Gun PolicyCriminal Justice

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Broader Impacts

DomainScoreShort-termLong-termReversibilityConfidence

Score

Scores: -5 (harmful) to +5 (beneficial)Short-term: 0-2 yearsLong-term: 10-30 years

Milestones

2 milestones2 actions

Jun 10, 2025House

Referred to the House Committee on the Judiciary.

Jun 10, 2025

Introduced in House

Related News

3 articles

The Hill·9 months ago

House Democrats reintroduce bills to expand gun background checks, close 'Charleston loophole'

Rep. James Clyburn and Rep. Mike Thompson led House Democrats in reintroducing legislation to establish universal background checks and extend the review period for firearm sales. The Enhanced Background Checks Act specifically targets the 'Charleston loophole' by extending the wait to 10 days.

Politico·10 months ago

The 'Charleston Loophole' and the 2025 Legislative Push

House Democrats are once again putting gun control at the forefront with the reintroduction of the Enhanced Background Checks Act. The bill faces a steep climb in the Republican-controlled House, where members have historically viewed the 10-day wait as a de facto infringement on gun rights.

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NBC News·9 months ago

Background check delays: How the 2025 Act changes the rules for gun buyers

Under the proposed Enhanced Background Checks Act of 2025, the current three-day rule is replaced. If a check isn't cleared in 10 days, the buyer must petition the government for a final decision, which can take another 10 days, effectively creating a potential month-long wait for some sales.

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