S. 3212 — AIM Act

This section eliminates the Tiahrt Amendments' restrictions—enacted in Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations from FY2005 through FY2012—on ATF's release and use of firearms trace data (i.e., records identifying the initial seller, purchaser, or importer of recovered crime guns). Specifically, it (1) strikes the sixth proviso entirely from the FY2012 ATF appropriations; (2) limits the FY2008, FY2009, and FY2010 provisos to those fiscal years only (from "beginning in [year] and thereafter"); (3) limits the FY2005 and FY2006 provisos to funds appropriated under those acts (from under those or any other act for any fiscal year); and (4) repeals a FY2013 prohibition on using trace data to draw broad conclusions about firearms-related crime. (Thus, these changes permit broader disclosure and analysis of trace data after FY2012.)

This section eliminates the prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by federal firearms licensees. (As background, federal firearms licensees—importers, manufacturers, and dealers licensed under 18 U.S.C. §923—are required to maintain such records of firearms received and transferred at each licensed premises.)

This section eliminates prohibitions—enacted as provisos in Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations for FY2004, FY2005, FY2006, FY2008, FY2009, FY2010, FY2012, and FY2013—on using funds to promulgate or implement rules requiring a physical inventory of firearms by businesses licensed under 18 U.S.C. 923 (i.e., federal firearms licensees engaged in importing, manufacturing, or dealing in firearms or ammunition). (Thus, ATF may now expend appropriated funds to impose such inventory requirements.)

This section eliminates, in appropriations provisions for FY2004 through FY2012, the requirement that records of approved National Instant Criminal Background Check System (NICS) background checks be destroyed within 24 hours. (Thus, the FBI may retain such records indefinitely.)

This section repeals five prior appropriations provisions prohibiting the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from using funds to authorize the importation of curios or relics firearms (i.e., firearms of historical or collectible value certified by ATF under 27 CFR 478.11) and surplus military firearms. The repealed provisions are (1) sec. 535 of div. B of the FY2023 Consolidated Appropriations Act (P.L. 117-328), (2) sec. 536 of div. B of the FY2022 Consolidated Appropriations Act (P.L. 117-103), (3) sec. 538 of div. B of the FY2020 Consolidated Appropriations Act (P.L. 116-93), (4) sec. 517 of div. C of the FY2019 Consolidated Appropriations Act (P.L. 116-6), and (5) the first proviso under "Salaries and Expenses, Bureau of Alcohol, Tobacco, Firearms and Explosives" in title II of div. B of the FY2013 Consolidated and Further Continuing Appropriations Act (P.L. 113-6). (Thus, ATF may use appropriated funds to process and approve import applications for such firearms.)

This section strikes from appropriations acts for FY2005 through FY2013 (Public Laws 109–108, 110–161, 111–8, 111–117, 112–55, and 113–6) the prohibition on using funds to deny or revoke a federal firearms license (FFL) due to lack of business activity at specified premises. (FFLs, required under 18 U.S.C. §923 for businesses importing, manufacturing, or dealing in firearms or ammunition, may now be denied or revoked by ATF for inactivity.)

This section eliminates the prohibition on using appropriated funds to electronically retrieve, by name or personal identification code, information gathered pursuant to 18 U.S.C. 923(g)(4) from records of out-of-business federally licensed firearms dealers. (Thus, the Bureau of Alcohol, Tobacco, Firearms and Explosives may now conduct such computerized searches of those acquisition and disposition records for purposes such as crime gun tracing.)

This section repeals four provisions—§531 of Division C of the Consolidated Appropriations Act, 2019 (P.L. 116-6); §539 of Division B of the Consolidated Appropriations Act, 2020 (P.L. 116-93); §537 of Division B of the Consolidated Appropriations Act, 2022 (P.L. 117-103); and §536 of Division B of the Consolidated Appropriations Act, 2023 (P.L. 117-328)—that prohibited the denial of, or failure 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, the Bureau of Alcohol, Tobacco, Firearms and Explosives may now approve or deny such applications under the sporting purposes test of the Gun Control Act of 1968.)

This section revises the standard for revoking a federal firearms license (FFL)—issued to firearms dealers, manufacturers, importers, and others engaged in the firearms business—from a "willful" violation of federal firearms laws or regulations to a "knowing" violation. It also makes a conforming amendment to replace "Secretary’s" with "Attorney General’s" to reflect the Bureau of Alcohol, Tobacco, Firearms and Explosives' placement within the Department of Justice.

This section eliminates de novo judicial review of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) decisions on federal firearms licenses and limits courts to considering only evidence that was previously submitted to the agency. (Thus, review defaults to the Administrative Procedure Act standard of arbitrary, capricious, or abuse of discretion, with no new evidence permitted.)