H.R. 6127 — AIM Act

This section eliminates Tiahrt Amendments restricting the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) disclosure and use of firearms trace data (i.e., records on the serial-numbered identification of firearms recovered in crimes and traced back to their initial sale or transfer) by (1) striking the sixth proviso in the FY2012 appropriations act; (2) limiting similar provisos in the FY2010, FY2009, and FY2008 appropriations acts to those specific fiscal years (from "beginning in fiscal year [year] and thereafter"); and (3) limiting similar provisos in the FY2006 and FY2005 appropriations acts to those acts only (from "under this or any other Act with respect to any fiscal year"). The section also repeals a FY2013 prohibition on using such data to draw broad conclusions about firearms-related crime. (Thus, these restrictions no longer apply prospectively, potentially allowing broader ATF sharing of trace data with researchers, state/local governments, and others for crime analysis.)

This section eliminates the prohibition, in specified Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations (18 U.S.C. 923 note), on consolidating or centralizing firearms acquisition and disposition records maintained by federal firearms licensees (FFLs). (As background, FFLs—importers, manufacturers, and dealers licensed under 18 U.S.C. 923—must maintain such records for ATF inspection; this change permits ATF to aggregate them into a central database. Thus, it enables potential creation of a national firearms registry from licensee records.)

This section strikes provisos from the FY2004, FY2005, FY2006, FY2008, FY2009, FY2010, FY2012, and FY2013 appropriations acts for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that prohibited using appropriated funds to promulgate or implement rules requiring a physical inventory of any business licensed under 18 U.S.C. 923 (i.e., to import, manufacture, or deal in firearms or import or manufacture ammunition). (Thus, ATF may now use such funds for that purpose.)

This section eliminates the requirement, in specified provisions of appropriations acts for FY2004, FY2005, FY2006, FY2008, FY2009, FY2010, and FY2012 (i.e., annual riders limiting use of FBI funds), that records of approved National Instant Criminal Background Check System (NICS) background checks be destroyed within 24 hours. (As background, NICS enables federal firearms licensees to receive immediate information on whether a prospective transferee is prohibited from receiving a firearm under federal or state law. Thus, the FBI may retain such records indefinitely when using funds from those fiscal years.)

This section repeals funding prohibitions in the Consolidated Appropriations Acts for FY2013, FY2019, FY2020, FY2022, and FY2023 that barred the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from using appropriated funds to deny import permits for curios or relics firearms (i.e., firearms of historical, collectible, or special interest value under ATF regulations) or to implement restrictions on importing surplus military firearms. (Thus, ATF may now expend funds to take such actions.)

This section strikes from Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) salaries and expenses appropriations acts for FY2005, FY2006, FY2008, FY2009, FY2010, FY2012, and FY2013 (including the FY2013 provision applying to any fiscal year thereafter) the prohibition on using funds to deny or revoke a Federal Firearms License (FFL) under 18 U.S.C. 923 due to an applicant or licensee's failure to conduct business from the licensed premises during the prior 12 months. (Thus, ATF may deny FFL applications or revoke licenses based on inactivity.)

This section eliminates the prohibition, enacted as a note to 18 U.S.C. 923 in the Consolidated and Further Continuing Appropriations Act, 2012, on using appropriated funds to electronically retrieve by name or personal identification code information from records of out-of-business federally licensed firearms dealers delivered to ATF pursuant to 18 U.S.C. 923(g)(4). (As background, §923(g)(4) requires such dealers to deliver their acquisition and disposition records to ATF upon going out of business; thus, this permits computerized name-based searches of those records.)

This section repeals restrictions in division B of the Consolidated Appropriations Acts for FY2020, FY2022, and FY2023, and division C of that Act for FY2019, that prohibited the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from denying or failing to act on applications to import certain shotgun models on the basis that the shotguns were not particularly suitable for or readily adaptable to sporting purposes. (Thus, ATF may now apply the Gun Control Act of 1968 sporting purposes import test to those models.)

This section revises the standard for revoking a federal firearms license (FFL) under 18 U.S.C. 923(e) from a "willful" violation to a "knowing" violation of gun control laws. It also makes a technical amendment changing "Secretary’s" to "Attorney General’s".

This section eliminates de novo judicial review of ATF decisions to deny, revoke, or not renew federal firearms licenses and limits courts to considering only evidence that was previously submitted to the agency. (Thus, review defaults to the default Administrative Procedure Act standard of arbitrary and capricious or substantial evidence on the administrative record.)