FIREARM Act
The FIREARM Act would create a new process for firearm licensees (those covered by 18 U.S.C. 923) to self-report regulatory or statutory violations and then correct those violations within a defined cure period. If the violation is self-reported and correctable, the Attorney General (AG) cannot pursue license revocation or renewal denial, provided the licensee complies with corrective actions and training. The bill also tightens enforcement rules by requiring notice to the licensee, a 30-business-day correction window, and a potential stay of any revocation during review. In cases where a self-reported violation cannot be corrected or involves transferring a firearm to a prohibited person, enforcement actions may proceed. The Act would authorize de novo judicial review in federal court for license revocation/denial decisions and would apply retroactively to licenses revoked under a prior enhanced regulatory enforcement policy, offering a path for license restoration. The overall aim is to give licensees an opportunity to fix violations and reduce penalties for minor, correctable issues, while maintaining consequences for more serious or uncorrectable violations.
Key Points
- 1Self-reported violations: Adds definitions, including a violation reported to the AG by the licensee before discovery during an inspection, and clarifies what counts as “willful” conduct (deliberate planning or specific intent; not inferred from past conduct; minor/clerical issues presumptively not willful).
- 2Opportunity to correct: For self-reported violations, the AG may not pursue enforcement to revoke or deny renewal unless the violation is uncorrectable or involved a transfer to a prohibited person. The AG must assist with corrective actions and provide compliance training.
- 3Notice and cure period: Before enforcement, the AG must give the licensee actual notice with details, evidence, and a 30-business-day window to correct the violation. If not corrected, enforcement action may proceed.
- 4Uncorrectable violations: If a violation cannot be corrected within the cure framework, the AG may deny the opportunity to correct or pursue enforcement.
- 5Post-cure enforcement limits: The AG may not pursue enforcement based on corrected violations unless they involve a prohibited transfer or other uncorrectable violations that pose direct, acute risk.
- 6Direct judicial review: Creates a path for district court review of license revocation/denial decisions on a de novo basis (new factual review), with a stay of revocation during the court process and a standard requiring a finding of willful violation to uphold revocation.
- 7Retroactive application and restoration: Applies to licenses revoked or denied under the Enhanced Regulatory Enforcement Policy from June 23, 2021. It requires the AG to offer restoration opportunities for affected licensees who meet conditions (no disqualifying convictions and demonstrated compliance/corrective actions).