H.R. 2184 — Firearm Due Process Protection Act of 2025

This section revises 18 U.S.C. 925A to expand the civil remedy for persons denied a firearm under background check requirements of 18 U.S.C. 922(s) or (t)—due to erroneous information from a state, locality, or the National Instant Criminal Background Check System (NICS), or if not prohibited under 922(g) or (n)—to also include persons aggrieved by a violation of the three-business-day final disposition requirement in the penultimate sentence of Brady Handgun Violence Prevention Act section 103(g) (i.e., NICS must provide notice within three business days after which a transfer may proceed absent such notice). It further establishes procedural rules and remedies by (1) requiring a hearing within 30 days of filing; (2) placing the burden of proof on the respondent (state, locality, or United States) to demonstrate by clear and convincing evidence that the individual is ineligible to receive or possess a firearm; and (3) mandating an award of reasonable attorney fees and litigation costs to a complainant who substantially prevails (previously discretionary), with "substantially prevails" defined as obtaining relief via judicial order, enforceable agreement or consent decree, or voluntary or unilateral change in U.S. position on a non-insubstantial claim.

This section requires the Director of the Federal Bureau of Investigation to submit annual reports to the House and Senate Judiciary Committees detailing challenges to the accuracy of records in the National Instant Criminal Background Check System (NICS), established under section 103 of the Brady Handgun Violence Prevention Act to conduct background checks for firearm purchases or transfers. The reports must specify (1) the total number of challenges received during the year; (2) the total number processed to final disposition; (3) the total number where the initial NICS determination was reversed, including the number for each reason for the initial determination; (4) the total number where the initial determination was not reversed, including the number for each reason; and (5) the average processing time for challenges in (2).

This section states the sense of Congress that (1) the right to keep and bear arms is fundamental to self-government, self-defense, and individual liberty; (2) depriving individuals of that right requires due process under the Fifth and Fourteenth Amendments; (3) ignoring appeals of National Instant Criminal Background Check System (NICS) denials violates due process; and (4) NICS bears the burden of proving a valid reason for any denial.