FIREARM Act

Summary#

This bill (the FIREARM Act) changes how federal firearm licenses can be denied or revoked. It adds definitions for "self-reported violation," "willfully," and "uncorrectable violation." The Attorney General generally may not revoke or refuse to renew a license when a licensee reports a violation before the government discovers it, except for violations that cannot be corrected or for transfers to people who are prohibited from possessing firearms. For self-reported violations the Attorney General must help the licensee correct the problem and provide instructions and compliance training. Before starting enforcement, the Attorney General must give the licensee actual notice explaining the violation, share evidence, and allow 30 business days to correct the violation. The bill lets the Attorney General refuse the correction opportunity when a violation cannot be fixed within the grace period. Corrected violations generally cannot be the basis for enforcement unless they involved a prohibited transfer or an uncorrectable violation that creates a direct and acute risk of death or serious bodily injury. The bill also changes judicial review: a licensee may file in federal district court within 15 business days after notice of revocation or denial, the Attorney General must stay the revocation while the case proceeds, the court reviews the decision de novo, and the government must prove willful violation by a preponderance of the evidence. Finally, the bill applies retroactively to licenses revoked under the June 23, 2021 Enhanced Regulatory Enforcement Policy and requires the Attorney General to offer affected licensees a chance to reapply and be approved if they are not otherwise disqualified and show compliance.

What it means for you#

  • If you hold a federal firearms license: you can self-report many violations before an inspection finds them and, under the bill, you would generally get help to fix them and a 30-business-day chance to cure the problem. Some violations cannot be fixed, and transfers to prohibited persons are not eligible for the cure.
  • If your license is denied or revoked: you would have 15 business days after written notice to ask a federal district court to review the decision, and revocation would be paused while the court decides. The court would review the case anew and would only uphold a revocation if the government shows the licensee acted willfully by a preponderance of the evidence.
  • If your license was revoked under the June 23, 2021 policy: you would be allowed to reapply and may be approved if you are not otherwise disqualified and you provide evidence of compliance and corrective action.

Expenses#

No publicly available information.

Proponents' View#

The bill's text states its purpose is to provide firearm licensees an opportunity to correct statutory and regulatory violations. It requires the Attorney General to assist with corrections, provide compliance training for self-reported violations, require notice and a 30-business-day cure period before enforcement, and to allow affected parties judicial review and the chance to reapply for licenses revoked under the June 23, 2021 Enhanced Regulatory Enforcement Policy.

Opponents' View#

No publicly available information.