FIREARM Act
The FIREARM Act (H.R. 3770) would create a new process for firearm licensees (FFLs) to address and correct violations of federal gun-law provisions and regulations. Central to the bill is the concept of “self-reported violations”: violations that an FFL informs the Attorney General about before an inspection uncovers them. For such self-reported violations, the AG would generally not revoke or deny renewal of a license if the violation is correctable and the licensee cooperates with corrective actions and training. The bill requires the AG to assist with correction, provide compliance training, and give the licensee a 30-business-day window to fix the issue after notice. If the violation is not corrected or if a transfer to a prohibited person occurred, enforcement actions could proceed. The Act also creates a pathway for direct judicial review of licensing decisions (revocation/denial) on a de novo (fresh) basis, with a stay of the revocation pending court judgment and a standard that the government must prove willfulness by a preponderance of the evidence. In addition, the bill retroactively applies to licenses revoked or denied under the government’s Enhanced Regulatory Enforcement Policy (EREP) from June 23, 2021, and it provides a mechanism to restore licenses to those affected, subject to conditions (no disqualifying convictions and evidence of compliance with regulations, including past corrective actions). The overall goal is to give licensees a fair opportunity to correct violations, reduce unnecessary penalties for minor or fixable missteps, and increase transparency in enforcement.
Key Points
- 1Self-reported violations protection: The Attorney General may not revoke or deny renewal for a self-reported violation unless the violation is not correctable or involves a transfer to a prohibited person. The idea is to avoid punitive action for issues licensees proactively disclose and remedy.
- 2AG assistance and training: For self-reported violations, the AG must help the licensee correct the violation and provide compliance training to prevent repetition.
- 3Notice and cure period: Before any enforcement action, the AG must issue actual notice with details of the violation, all evidence, and a statement that the license can be corrected within 30 business days; if not corrected in that window, enforcement may proceed.
- 4Direct judicial review: Licensees can seek de novo review in federal court if the AG denies or revokes after a hearing, with a stay on the revocation during the court process; the court may overturn the AG’s decision if it finds no sufficient basis to revoke or deny, and must uphold only if willful violation is proven.
- 5Retroactivity and license restoration: The Act applies retroactively to licenses revoked/denied under the Enhanced Regulatory Enforcement Policy (EREP) and allows these licensees to reapply; restoration is contingent on no disqualifying convictions and on demonstrating compliance including corrective action for past violations.