ATF Transparency Act

Full Title:
ATF Transparency Act

Summary#

This bill requires the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to create new procedures for people whose applications to transfer, make, or register a firearm are denied or delayed. It requires ATF to give the transferee the NICS transaction number, allow an appeal process similar to 28 C.F.R. §25.10, and allow a voluntary information program like the Voluntary Appeal File. The bill also says ATF must reimburse reasonable attorney fees for successful appeals. If ATF does not decide an application within 3 business days, the application is treated as approved and the transfer or making of the firearm may proceed. If a later ATF review finds the application should have been denied, ATF must notify the parties; the transferor and transferee are protected from criminal liability so long as the transferee returns the firearm to ATF within 14 days of notice. The bill requires reports on unresolved NICS checks and on which agency administered NICS checks, and it directs ATF and the FBI to sign a memorandum of understanding about handling NICS inquiries. The changes apply to applications filed or pending on or after the date of enactment.

What it means for you#

  • If your firearm transfer, making, or registration application is denied, you would get the NICS transaction number and be allowed to appeal to ATF.
  • If your appeal succeeds, ATF must reimburse reasonable and necessary attorney fees.
  • If ATF does not act within 3 business days, the application is treated as approved and the transfer or making may go forward.
  • If ATF later decides the application should have been denied, the transferor cannot be criminally charged, and the transferee is protected from criminal charges if they return the firearm to ATF within 14 days of receiving notice.
  • ATF and the FBI must report and coordinate on NICS administration and unresolved checks.

Expenses#

No publicly available information on the bill's cost estimates or funding sources is included in the provided text.

Proponents' View#

No publicly available information on proponents' statements, arguments, or intended benefits is included in the provided text.

Opponents' View#

No publicly available information on opponents' statements or objections is included in the provided text.