Federal government shutdowns range from mildly annoying to seriously damaging—depending on the length—and some lawmakers want to ensure that these stoppages do not infringe on Second Amendment rights.
This led to gun rights supporters introducing twin bills in the Senate and House last week—both titled the Firearm Access During Shutdowns Act.
The goal?
Fundamental rights cease to exist without the means to exercise them
Specifically, the law would mandate that government entities involved in Second Amendment-related commerce and activities are deemed essential services and remain available.
These include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Directorate of Enforcement Programs and Services, the National Instant Criminal Background Check System (NICS), and specific export licensing programs of the federal government.
The COVID shutdowns earlier this decade provided examples of lawmakers impeding the right to keep and bear arms.
Federal government shutdowns must not impede Second Amendment rights
Then there’s previous government lapses during which background checks essential for firearm transactions and export licensing nearly ground to a halt. These functions are essential for the people to freely exercise their Second Amendment rights.
The lawmakers leading the Firearm Access During Shutdowns Act are Sen. James Risch (R-ID) and Rep. Ben Cline (R-VA).
“The government shutdown has real impacts on real people, but it certainly should not compromise our constitutional rights,” Risch declared in a release. “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.”
The current federal shutdown, as of this writing, is the longest in the nation’s history. Everyone from purchasers to retailers and manufacturers feels the effects of the near closure of FBI and ATF operations, and there are undoubtedly law-abiding citizens who need a firearm for self-defense and are being stymied by the political bickering.
Rep. Cline addressed these important citizens.
“Law-abiding Americans shouldn’t lose their Second Amendment rights every time Washington fails to do its job,” Cline noted. “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.”
The representative added that the purpose of the bill is “to ensure citizens’ rights are protected and lawful commerce continues, shutdown or not.”
Without being deemed “essential,” the closure of these services means the federal government has abdicated its responsibility as the authority over firearm transactions.
The National Shooting Sports Foundation (NSSF) observed this slippery slope. “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.”
Recent history taught us that federal government shutdowns are part of American political life. But with the current stoppage in record territory, essential freedoms must be protected no matter the political climate.
The Firearm Access During Shutdowns Act is not a radical departure from current practice, as officials already deem specific government services and functions as too essential to be shuttered.
Instead, it would ensure that future political standoffs—no matter the party in charge at the moment—would not strip fundamental freedoms embedded in the Bill of Rights.
It is not only crucial that the right to keep and bear arms be upheld. The mechanisms and processes that enable this freedom to be fully realized must also be protected and made available to good people for use.
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