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119-hr-613119th Congress

ATF Transparency Act

Sponsored By: Representative Fulcher, Russ [R-ID-1]

Introduced

Summary

Timely, transparent firearm background checks would be the bill's focus, creating a clear appeal path for denied firearm transfers and strict deadlines to prevent long NICS delays.

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  • Would give a transferee the NICS (National Instant Criminal Background Check System) transaction number, allow an appeal to the Secretary using a process like DOJ administrative appeals, and let applicants submit information through a voluntary file to avoid future erroneous denials. If an appeal succeeds the Secretary must reimburse reasonable attorney fees.
  • Would deem a transfer or a make-and-register application approved if the Secretary does not decide within 90 days, and would bar denials based solely on missing that 90-day window.
  • Would require near-term oversight and coordination steps, including reports and an ATF-FBI memorandum of understanding within 180 days to improve processing and transparency of background checks.

*Would not authorize new mandatory funding and would rely on existing agency authorities and budgets.*

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

90-day deadline for firearm applications

If enacted, when you file to transfer or to make and register a firearm, the agency would have 90 days to decide. If no decision by day 90, your application would be treated as approved for that purpose, and you could complete the transfer or making. The agency could deny only if legal requirements are not met, and not just because it ran out of time. This would apply to applications filed or pending on or after enactment.

Appeal rights for denied firearm transfers

If enacted, when a firearm transfer is denied under certain federal or state rules, the agency would give you the NICS background check transaction number. You could appeal through a process like DOJ’s NICS appeals, and you could add information to a file to prevent future mistaken denials or long delays. If you win the appeal, the agency would reimburse your reasonable and necessary attorney fees. These changes would apply to applications filed or pending on or after enactment. NICS means the national instant criminal background check system.

Sponsors & CoSponsors

Sponsor

Fulcher, Russ [R-ID-1]

ID • R

Cosponsors

  • Rep. Hamadeh, Abraham J. [R-AZ-8]

    AZ • R

    Sponsored 5/15/2025

Roll Call Votes

No roll call votes available for this bill.

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