What does an actual shutdown look like for your Second Amendment rights? American gun owners may face some delays in services deemed non-critical, i.e., “non-essential.”
Government-funded services requiring funding can be broken into three broad categories: mandatory, discretionary, and self-sustaining.
Mandatory services, like Social Security, continue to operate during shutdowns, often with multi-year or permanent authorizations. However, some services may be reduced. Discretionary services, such as law enforcement operations, continue only for services deemed “essential.” Self-sustaining services continue and include things like VA operations and some immigration services.
Here are some key things to know about how a shutdown impacts you, your gun rights, and the firearms industry as a whole.
1. Will Background Checks Still Happen?
Yes, but related services may be impacted.
Background checks via NICS, the FBI’s National Instant Criminal Background Check System, are expected to continue for firearm purchases and transfers during a shutdown. Per the Department of Justice’s recent guidance:
“All FBI agents and support personnel in the field are excepted from furlough because they directly address and/or provide essential assistance to mitigate imminent threats to human life or property … which includes personnel that provide fingerprint identification services, name check services for criminal and national security investigations, gun checks through the National Instant Criminal Background Check System, critical law enforcement surge efforts, and other essential functions.”
Background check systems are generally considered essential. However, the NICS isn’t immune to shutdown impacts, as it pertains to interruptions in other related services.
These could include renewals of Federal Firearms Licenses, customer/FFL queries to the ATF, NFA processing manpower, import/export permits, or other connected administrative services that are limited by shortfalls of personnel during a shutdown.
2. What Happens with NFA, Import, and Export Items?
These may be impacted by delays or halts.
The ATF serves as the enforcer of the National Firearms Act. Since many services provided by the ATF are not considered essential – specifically those not associated with investigations and enforcement – this agency’s operations may experience minimal staffing or closures.
Per the Department of Justice’s guidance, “Headquarters support will be maintained only to the extent necessary to support excepted operations.”
Coupled with other manpower limitations from related government services, such as the ATF’s Imports Branch, a shutdown may also delay or halt the export and import of firearms and firearm-related items, as well as associated licensing services.
Guns.com was advised by industry experts that, as of this Oct. 1, the ATF’s NFA Division examiners have been furloughed, except for a skeleton crew that is processing ATF Form 5 transfers to government entities.
While the eForms system remains online and is accepting applications, including payment of transfer taxes via Pay.gov, and certifications by applicants, submitted applications are not being transmitted to FBI NICS for background checks, and pending applications are not being processed at this time.
3. Will a Shutdown Impact FFLs, Gun Shops, and Manufacturers?
Somewhat.
Manpower limitations can impact gun stores and manufacturers to the extent that they require licensing, renewals, NFA checks, certifications, or queries with the ATF and other affected government agencies. The same may be true for any import or export needs that are deemed non-essential.
For instance, new FFL license applications or renewals may halt; product certifications may be delayed; Department of Defense contracts may be paused; NFA Form 1 and Form 4 processing will stop; and shipping requirements that involve impacted government agencies could go unfulfilled.
