S 1922
Firearm act
Firearm Act
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Bill overview
This bill, the FIREARM Act, aims to provide firearm license holders with a process to correct certain violations of federal regulations. It establishes a system where self-reported violations are treated differently, offering an opportunity for correction with Attorney General assistance and a 30-day grace period. The bill also modifies the judicial review process for license revocations and retroactively applies to licenses revoked under a specific enforcement policy.
Key provisions
- Defines ‘self-reported violation’ and ‘willfully’ with specific interpretations.
- Grants licensees an opportunity to correct self-reported violations with Attorney General assistance.
- Establishes a 30-day grace period for correcting self-reported violations.
- Modifies the judicial review process for license revocations, including a de novo review.
- Retroactively applies to licenses revoked under the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Enhanced Regulatory Enforcement Policy.
- Requires the Attorney General to provide notice and evidence before initiating enforcement actions.
- Specifies conditions under which an enforcement action can be taken after the grace period.
- Outlines a process for restoring licenses for those previously affected by the retroactive application.
Who is affected
- Firearm Licensees
- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Legal Professionals
- Federal Attorneys
- Gun Owners
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119th CONGRESS — 1st Session
S. 1922
IN THE SENATE OF THE UNITED STATES
A BILL
To provide firearm licensees an opportunity to correct statutory and regulatory violations, and for other purposes.
This Act may be cited as the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune Act FIREARM Act
or the
.
Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
The term self-reported violation means a violation by a licensee of any provision of this chapter or any implementing regulation thereof that the licensee reports to the Attorney General before the Attorney General discovers the violation during an inspection of the licensee under this chapter.
The term willfully has the meaning given the term in section 5336(h) of title 31, except that—
the term only includes conduct resulting from or achieved through deliberate planning or specific intent;
willfulness shall not be inferred from previous conduct; and
minor, clerical, or curable conduct is presumptively not willful.
The term uncorrectable violation means any violation that, despite best efforts, cannot be corrected by the licensee, including a violation in which the licensee transferred a firearm to a prohibited person.
Section 923(e) of title 18, United States Code, is amended—
by inserting (1)
after (e)
; and
by adding at the end the following:
The Attorney General may not bring an enforcement action to revoke, or deny a renewal of, a license for a violation of any provision of this chapter or any implementing regulation thereof on the basis of a self-reported violation, except in the case of a violation—
that is not correctable after the violation occurred; or
in which a firearm was transferred to a person who is prohibited from possessing a firearm pursuant to any provision of this chapter or any implementing regulation thereof.
In the case of a self-reported violation, the Attorney General shall—
assist the licensee to correct the self-reported violation; and
provide the licensee with instructions and compliance training designed to assist the licensee in avoiding repetition of the self-reported violation in the future.
Before initiating an enforcement action under this subsection, the Attorney General shall provide the licensee with actual notice of the violation giving rise to the enforcement action, which shall include, at a minimum—
a detailed explanation of the substance of the violation;
all evidence or documentation in the possession of the Attorney General regarding the enforcement action; and
a statement that the Attorney General will not initiate the enforcement action if the licensee corrects the violation by the date that is 30 business days after the date on which the licensee first receives actual notice of the violation.
The Attorney General may bring an enforcement action under this subsection against a licensee described in subparagraph (A) if—
30 business days have elapsed since the date on which the licensee received the notice of the violation required under that subparagraph; and
the licensee has not corrected the violation.
If a self-reported violation is of a nature such that it cannot be corrected within the grace period and with the assistance provided pursuant to paragraph (2) or (3), the Attorney General may deny a licensee the opportunity to correct.
The Attorney General may not bring an enforcement action on the basis of any violation of any provision of this chapter or any implementing regulation thereof that has been corrected pursuant to paragraph (2) or (3) unless the violation involves a prohibited transfer of a firearm or another uncorrectable violation that creates a direct and acute risk of death or serious bodily injury as a result of the uncorrectable violation.
Section 923(f) of title 18, United States Code, is amended—
in paragraph (2), by striking If
and inserting Except as provided in paragraph (3), if
; and
by amending paragraph (3) to read as follows:
If after a hearing held under paragraph (2) the Attorney General decides not to reverse his or her decision to deny an application or revoke a license, during the 15-business-day period beginning on the date on which a license holder or applicant receives a written notice of revocation or denial, that aggrieved party may file a petition with the United States district court for the district in which the aggrieved party resides or has his or her principal place of business for a judicial review of the revocation or denial.
If a license holder files a petition with a United States district court under subparagraph (A), the Attorney General shall stay the effective date of the revocation until the court issues a judgment.
In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding, shall review the Attorney General’s decision de novo, and shall uphold any revocation decision only upon a finding, by a preponderance of the evidence, that the license holder willfully violated the statute under this title or any implementing regulation.
If the court decides that the Attorney General did not have a sufficient basis to revoke or deny a license, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.
In this section, the term Enhanced Regulatory Enforcement Policy
means the Enhanced Regulatory Enforcement Policy of the Bureau of Alcohol, Tobacco, Firearms and Explosives announced on June 23, 2021.
Notwithstanding any provision of law, the provisions of this Act shall apply retroactively to any licensee whose license was revoked or denied pursuant to the Enhanced Regulatory Enforcement Policy.
has not been convicted of a violation that would otherwise prohibit the issuance of a license under section 923(d) of title 18, United States Code; and
submits evidence to demonstrate compliance with the relevant regulations, including corrective action for previously cited violations.