No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7873 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7873
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
April 5, 2024
Mr. Emmer (for himself, Mr. Armstrong, Mr. Bacon, Mr. Barr, Mr. Bean of
Florida, Mrs. Bice, Mr. Biggs, Mr. Bost, Mr. Calvert, Mr. Carter of
Georgia, Mr. Collins, Mr. DesJarlais, Mr. Donalds, Mr. Duncan, Mr.
Estes, Mr. Feenstra, Mr. Finstad, Mrs. Fischbach, Mr. Fleischmann, Mr.
Tony Gonzales of Texas, Mr. Good of Virginia, Mr. Gooden of Texas, Mr.
Gosar, Mr. Graves of Louisiana, Mr. Grothman, Mrs. Harshbarger, Mr.
Higgins of Louisiana, Mr. Joyce of Pennsylvania, Mr. LaMalfa, Mr.
Langworthy, Mr. LaTurner, Ms. Letlow, Mr. Mann, Mrs. Miller of
Illinois, Mr. Mooney, Mr. Newhouse, Mr. Norman, Mr. Posey, Mr. Rogers
of Alabama, Mr. Rose, Mr. Rosendale, Mr. Austin Scott of Georgia, Mr.
Sessions, Mr. Smith of Nebraska, Mr. Stauber, Ms. Stefanik, Mr. Steil,
Mr. Steube, Ms. Tenney, Mr. Timmons, Mr. Van Drew, Mr. Hunt, Mr.
Williams of New York, Mr. Flood, and Mr. Reschenthaler) 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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