FIREARM Act
Sponsored By: Senator Joni Ernst
Introduced
Summary
Creates a structured relief and review process for federal firearms licensees who self-report violations. It would limit enforcement for curable mistakes, add a 30 business day cure window with training and assistance, clarify when conduct is “willful,” and open a direct court review path for revocations.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Court review and stay for revocations
If enacted, this would let a licensee or applicant who gets written notice of revocation or denial file a petition in U.S. district court within 15 business days. Filing would require the Attorney General to stay the revocation while the court decides. The court would review the decision de novo and could only uphold a revocation if it finds by a preponderance of the evidence that the licensee willfully violated the law or rules.
Narrow 'willfully' standard for enforcement
If enacted, this would add a statutory definition of 'willfully' for gun-license enforcement that focuses on deliberate planning or specific intent. The rule would bar inferring willfulness from past conduct and would presume that minor, clerical, or curable mistakes are not willful. This would make it harder for the government to prove willful violations in enforcement actions.
Notice-and-cure for firearm licensees
If enacted, this would create a formal notice-and-cure process for federal firearm licensees who report violations before the agency finds them. The Attorney General would have to give actual notice with a detailed explanation and all evidence. The AG would have to help you fix the problem and give you 30 business days after notice to correct curable violations. The AG could still enforce for transfers to people banned from guns or for uncorrectable violations that pose an acute risk of death or serious bodily injury. The AG may deny the cure chance if the violation cannot be fixed within 30 business days even with assistance.
Restore licenses revoked under 2021 ATF policy
If enacted, this would let licensees whose licenses were revoked or denied under ATF's Enhanced Regulatory Enforcement Policy announced June 23, 2021, reapply for a license. The Attorney General would be required to give those licensees an opportunity to have their license approved if they have no conviction that would bar issuance under 18 U.S.C. § 923(d) and if they submit evidence showing compliance and fixes for past violations.
Sponsors & CoSponsors
Sponsor
Joni Ernst
IA • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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