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Firearm Due Process: Faster NICS Record Corrections, Burden on Government

This act aims to speed up the process of correcting erroneous data in the National Instant Criminal Background Check System (NICS), which is crucial for individuals wrongly denied firearm rights. It sets clear deadlines for courts and places the burden of proof on the government to demonstrate ineligibility, thereby strengthening citizens' rights.
Key points
Courts must hold hearings on NICS record correction cases within 30 days, accelerating the process of restoring rights.
The government will bear the burden of proving an individual is ineligible to possess a firearm, enhancing due process protections.
Individuals who substantially prevail in court can recover attorney fees and litigation costs, making it easier to pursue their rights.
The FBI will annually report to Congress on NICS record challenges, increasing transparency and accountability.
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Additional Information
Print number: 118_HR_7873
Sponsor: Rep. Emmer, Tom [R-MN-6]
Process start date: 2024-04-05