Bill Summary
This legislation, titled the "Firearm Due Process Protection Act," aims to enforce a 60-day deadline for the National Instant Criminal Background Check System (NICS) to make a final decision on requests to correct its records. This Act also includes provisions for due process protections, such as an expedited hearing and burden of proof on the respondent, in cases where an individual has been denied the right to possess a firearm. Additionally, it requires the Director of the Federal Bureau of Investigation to submit annual reports on the number and outcomes of challenges to NICS records. The Act also states the Congress' belief that the right to bear arms is a fundamental aspect of self-government and self-defense and that NICS should bear the burden of proving a valid reason for denying this constitutional right.
Possible Impacts
1. People who have been wrongly denied the right to purchase a firearm due to inaccuracies in the National Instant Criminal Background Check System could now have a clear process to challenge and correct those records within a set timeline. This could potentially prevent innocent individuals from being denied their Second Amendment rights.
2. Individuals who have been wrongly denied the right to purchase a firearm could now seek legal recourse and have their attorney fees and litigation costs covered if they are successful in challenging the decision. This could encourage more people to fight for their rights and hold the NICS system accountable for any errors.
3. The annual report requirement on the NICS system's handling of challenges could increase transparency and accountability, potentially leading to improvements in the system's accuracy and efficiency. This could benefit all individuals who are subject to background checks when purchasing firearms.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1817 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1817
To enforce the requirement that the National Instant Criminal
Background Check System make a final disposition of requests to correct
its records within 60 days, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2019
Mr. Emmer (for himself, Mr. Gosar, and Mr. Newhouse) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enforce the requirement that the National Instant Criminal
Background Check System make a final disposition of requests to correct
its records within 60 days, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearm Due Process Protection
Act''.
SEC. 2. ENFORCEMENT OF DEADLINE FOR FINAL DISPOSITION OF REQUESTS TO
CORRECT RECORDS OF THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM; DUE PROCESS PROTECTIONS.
Section 925A of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person'';
(2) by inserting ``or aggrieved by a violation of the
penultimate sentence of section 103(g) of the Brady Handgun
Violence Prevention Act'' after ``(s) or (t) of section 922'';
(3) by striking the last sentence; and
(4) by adding after and below the end the following:
``(b) Procedural Rules.--
``(1) Expedited hearing.--The court shall hold a hearing on
an action brought under subsection (a), within 30 days after
the action is brought.
``(2) Burden of proof.--At such a hearing, the respondent
shall bear the burden of proving by clear and convincing
evidence that the individual is ineligible to receive or
possess a firearm.
``(c) Remedies.--
``(1) In general.--The court shall assess against the
respondent reasonable attorney fees and other litigation costs
reasonably incurred in an action brought under subsection (a)
in which the complainant has substantially prevailed.
``(2) Substantially prevailed.--For purposes of this
section, a complainant has substantially prevailed if the
complainant has obtained relief through--
``(A) a judicial order;
``(B) an enforceable written agreement or consent
decree; or
``(C) a voluntary or unilateral change in position
by the United States, if the complainant's claim is not
insubstantial.''.
SEC. 3. ANNUAL REPORTS TO THE CONGRESS ON DISPOSITION OF CHALLENGES TO
ACCURACY OF RECORDS OF THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
The Director of the Federal Bureau of Investigation shall submit
annually to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
written report that specifies--
(1) the total number of challenges to the accuracy of the
records of the National Instant Criminal Background Check
System (in this section referred to as the ``NICS system'')
established under section 103 of the Brady Handgun Violence
Prevention Act that were received by the NICS system during the
year covered by the report;
(2) the total number of the challenges that were processed
to final disposition by the NICS system;
(3) the total number of the challenges with respect to
which the initial determination of the NICS system was
reversed, and with respect to those challenges, the total
number in which each reason for the initial determination was
made;
(4) the total number of the challenges with respect to
which the initial determination of the NICS system was not
reversed, and with respect to those challenges, the total
number in which each reason for not doing so was made; and
(5) the average length of time needed to complete the
processing of the challenges referred to in paragraph (2).
SEC. 4. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the right of the people to keep and bear arms is a
fundamental component of self-government, self-defense, and the
preservation of individual liberty;
(2) deprivation of the constitutional right to bear arms
requires due process under the Fifth and Fourteenth Amendments
to the Constitution of the United States;
(3) ignoring appeals of determinations made by the National
Instant Criminal Background Check System (NICS) violates due
process; and
(4) NICS should have the burden of showing a valid reason
for the denial of this constitutional right.
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