# Enhanced Background Checks Act of 2023

This bill makes changes to how gun background checks work when you buy a firearm from a licensed dealer. Right now, when you try to buy a gun, the dealer checks your background through a national system. If the system doesn't respond within three business days, the dealer can go ahead and sell you the gun anyway. This bill changes that rule and adds new steps to the process.

Here's what actually changes: If the background check system doesn't give a clear answer within three business days, you can now submit a petition asking for more time to get a decision. You'd fill out a form (either online or by mail) saying you believe you're legally allowed to own a gun. Once you submit this petition, the dealer has to wait an additional ten business days before they can complete the sale. If the system still hasn't found a problem after those ten days, the sale can proceed. The bill also removes the old rule that said dealers could automatically sell a gun after ten business days of no response, replacing it with this new petition system.

The bill creates some new reporting requirements too. The government has to track how many people use this petition process, how many of them turn out to be prohibited from owning guns, and whether any of them later get prosecuted for illegally trying to buy firearms. There's also a special report focused on whether these changes affect domestic violence victims' safety, since abusers are prohibited from owning guns under federal law.

The practical effect is that gun purchases will take longer in cases where the background check system can't immediately confirm you're eligible. Instead of a guaranteed sale after three days of silence, there's now a longer waiting period if you petition for one. The bill doesn't change who can or cannot buy guns—it just changes the timeline and process when the system can't quickly verify your eligibility.

Enhanced Background Checks Act of 2023

Clyburn, James E.

Enhanced Background Checks Act of 2023 This bill revises background check requirements applicable to proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person. Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.) If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser. The Government Accountability Office must report on the extent to which the changes have prevented firearms transfers to prohibited persons. The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations. The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.