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Firearm Due Process: Faster NICS Corrections and New Court Rules.

This act aims to speed up the process of correcting erroneous information in the National Instant Criminal Background Check System (NICS) used for firearm purchases. It introduces new court rules that make it easier for citizens to challenge firearm denials and places the burden of proof on the government to demonstrate ineligibility. Additionally, the act mandates annual reports on the number and disposition of such challenges, increasing system transparency.
Key points
Faster Error Corrections: The NICS system will be required to process requests to correct records within 60 days, aiming to prevent wrongful firearm denials.
Easier Court Challenges: Individuals wrongly denied a firearm will have a faster path to challenge the decision in court, with the government bearing the burden of proving ineligibility.
Legal Costs for Citizens: If a citizen prevails in a wrongful denial case, the government will be required to cover their attorney fees and litigation costs.
Increased Transparency: The FBI will be required to submit annual reports to Congress detailing the number and outcome of challenges to NICS records, enhancing oversight.
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Additional Information
Print number: 117_HR_3820
Sponsor: Rep. Emmer, Tom [R-MN-6]
Process start date: 2021-06-11