Firearm Due Process: Faster Record Corrections and Clear Court Rules.
This act aims to speed up the process of correcting erroneous data in the National Instant Criminal Background Check System (NICS) regarding firearm possession. It introduces new court rules that will make it easier for citizens to assert their rights in cases of wrongful firearm prohibition, including the possibility of recovering legal costs. This provides greater protection for citizens' rights concerning firearm access.
Key points
Faster NICS record correction requests: The system must process requests to correct erroneous information within 60 days.
Easier court recourse: Citizens wrongfully denied firearm rights can more quickly assert their rights in court (hearings within 30 days).
Reversal of burden of proof: In court, the government will bear the burden of proving an individual is ineligible to possess a firearm, not the citizen proving eligibility.
Reimbursement of legal costs: If a citizen substantially prevails, the court may order reimbursement of legal fees incurred in asserting their rights.
Increased transparency: The FBI will annually report to Congress on the number and outcomes of NICS record challenge cases.
Placed on Calendar
Additional Information
Print number: 119_HR_2184
Sponsor: Rep. Emmer, Tom [R-MN-6]
Process start date: 2025-03-18