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HR2184119th Congress
Firearm Due Process Protection Act of 2025
Sponsored By: Representative Emmer, Tom [R-MN-6]
In Committee
Summary
**Creates a faster federal remedy that *strengthens due process for people challenging errors in the National Instant Criminal Background Check System (NICS)***. The bill expands who can sue over certain Brady Act procedural violations and authorizes fee awards for prevailing complainants.
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- People flagged by NICS or denied a firearm can bring a new civil action under §925A and must receive an expedited hearing within 30 days. At that hearing the government bears the burden of proving ineligibility by clear and convincing evidence.
- Complainants who "substantially prevail" can recover reasonable attorney fees and other litigation costs. "Substantially prevailed" covers a judicial order, an enforceable agreement or consent decree, or a voluntary or unilateral change in position by the United States when the claim is not insubstantial.
- The FBI must send an annual report to the House and Senate Judiciary Committees with totals of challenges received, challenges processed to final disposition, reversals and reasons, non-reversals and reasons, and the average time to process challenges.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Faster court reviews for gun background errors
If enacted, people with a wrong gun background check—or a missed final decision deadline—could sue under faster rules. The court would have to hold a hearing within 30 days after you file. At the hearing, the government would need to prove, by clear and convincing evidence, that you are not allowed to have a firearm. If you substantially win, the court could order the respondent to pay your reasonable attorney fees and other costs. You would count as having substantially prevailed if you get a court order, an enforceable agreement, or the United States changes its position on a non-insubstantial claim.
Sponsors & CoSponsors
Sponsor
Emmer, Tom [R-MN-6]
MN • R
Cosponsors
Rep. Bean, Aaron [R-FL-4]
FL • R
Sponsored 3/18/2025
Rep. Biggs, Andy [R-AZ-5]
AZ • R
Sponsored 3/18/2025
Rep. Bost, Mike [R-IL-12]
IL • R
Sponsored 3/18/2025
Rep. Carter, Earl L. "Buddy" [R-GA-1]
GA • R
Sponsored 3/18/2025
Rep. Collins, Mike [R-GA-10]
GA • R
Sponsored 3/18/2025
Rep. Donalds, Byron [R-FL-19]
FL • R
Sponsored 3/18/2025
Rep. Estes, Ron [R-KS-4]
KS • R
Sponsored 3/18/2025
Rep. Finstad, Brad [R-MN-1]
MN • R
Sponsored 3/18/2025
Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]
TN • R
Sponsored 3/18/2025
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 3/18/2025
Rep. Norman, Ralph [R-SC-5]
SC • R
Sponsored 3/18/2025
Rep. Tenney, Claudia [R-NY-24]
NY • R
Sponsored 3/18/2025
Rep. Timmons, William R. [R-SC-4]
SC • R
Sponsored 3/18/2025
Rep. Reschenthaler, Guy [R-PA-14]
PA • R
Sponsored 3/18/2025
Rep. Van Drew, Jefferson [R-NJ-2]
NJ • R
Sponsored 3/25/2025
Rep. Newhouse, Dan [R-WA-4]
WA • R
Sponsored 3/25/2025
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 3/25/2025
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 3/25/2025
Rep. Barr, Andy [R-KY-6]
KY • R
Sponsored 4/8/2025
Rep. Rogers, Mike D. [R-AL-3]
AL • R
Sponsored 4/8/2025
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 4/8/2025
Rep. Stefanik, Elise M. [R-NY-21]
NY • R
Sponsored 4/8/2025
Rep. Fischbach, Michelle [R-MN-7]
MN • R
Sponsored 4/8/2025
Rep. Hamadeh, Abraham J. [R-AZ-8]
AZ • R
Sponsored 7/10/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov