H.R. 3770 — FIREARM Act

This section amends the federal firearms licensing process (18 U.S.C. §923) by (1) defining "self-reported violation" (i.e., a violation reported by the licensee to the Attorney General before discovery during an inspection), "willfully" (i.e., conduct from deliberate planning or specific intent, not inferred from prior conduct and presumptively excluding minor, clerical, or curable acts), and "uncorrectable violation" (i.e., one that cannot be corrected despite best efforts, including transfers to prohibited persons); (2) prohibiting the Attorney General from revoking a license or denying renewal based on a self-reported violation unless it is uncorrectable or involves a firearm transfer to a prohibited person, requiring assistance and compliance training for correction, and barring enforcement actions against corrected violations except those creating a direct acute risk of death or serious bodily injury; (3) mandating actual notice of violations—including detailed explanations, evidence, and a 30-business-day opportunity to correct—before any enforcement action; and (4) authorizing direct de novo judicial review in U.S. district court within 15 business days of revocation or denial notice, staying the revocation pending judgment, and upholding revocation only upon a preponderance finding of a willful violation.

This section applies the provisions of this Act retroactively to any federal firearms licensee (FFL) whose license was revoked or denied under the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) Enhanced Regulatory Enforcement Policy announced on June 23, 2021. It further requires the Attorney General to allow affected licensees—including those whose renewal was denied or who surrendered their license at an ATF Industry Operations Investigator's request or suggestion during an inspection citing a policy violation—to reapply for a license and to approve the application if the licensee (1) has not been convicted of a violation prohibiting issuance under 18 U.S.C. §923(d) and (2) submits evidence of compliance with relevant regulations, including corrective actions for prior violations.