“A bill to provide firearm licensees an opportunity to correct statutory and regulatory violations, and for other purposes.”
No CRS summary available for this bill.
This section revises the procedures for revoking or denying federal firearms licenses (FFLs) under 18 U.S.C. §923 by (1) adding definitions in §921(a) for "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, with minor/clerical/curable acts presumptively non-willful), and "uncorrectable violation" (i.e., one that cannot be corrected despite best efforts, including transfers to prohibited persons); (2) prohibiting revocation or denial based on self-reported violations except for uncorrectable ones or prohibited transfers, requiring the Attorney General to assist correction and provide training, mandating actual notice with evidence and a 30-business-day cure period before enforcement, and barring action against corrected violations unless they involve prohibited transfers or create direct acute risk of death or serious injury (amending §923(e)); and (3) authorizing direct de novo judicial review in U.S. district court within 15 business days of the Attorney General's revocation or denial decision, staying the revocation pending judgment, and requiring proof of willful violation by a preponderance of the evidence to uphold revocation (amending §923(f)). (Thus, FFL holders—importers, manufacturers, and dealers—gain protections against revocation for minor, self-reported, or curable violations while preserving enforcement against willful or dangerous ones.)
This section defines the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) Enhanced Regulatory Enforcement Policy announced on June 23, 2021, and applies this Act's provisions retroactively to any Federal Firearms License (FFL) revoked or denied under that policy. It further directs the Attorney General to provide affected licensees—including those whose FFL renewal was denied or who surrendered their license at an ATF investigator's request or suggestion during a related inspection—an opportunity to reapply and to approve such applications if the licensee (1) has no conviction prohibiting licensure under 18 U.S.C. §923(d) and (2) submits evidence of regulatory compliance, including corrective actions for prior violations.