FIREARM Act
The FIREARM Act creates a framework intended to give firearm licensees (FFLs) a chance to correct certain regulatory or statutory violations through self-reporting, with a structured process that emphasizes voluntary cooperation, training, and opportunities to rectify issues before enforcement actions are taken. It defines terms around self-reported violations, “willful” misconduct, and what counts as an uncorrectable violation, and it requires the Attorney General (AG) to assist licensees in correcting self-reported violations within a defined grace period (roughly 30 business days). The bill also establishes a pathway for direct judicial review of license revocations or denials, with de novo review and a stay of the revocation during the court proceedings. In addition, it directs retroactive application to certain past revocations under the ATF’s Enhanced Regulatory Enforcement Policy (EREP), offering a path to reapply for a license if eligible and if corrective actions are demonstrated. In short, the bill shifts some enforcement latitude toward corrective action and remediation for self-reported violations, while preserving strong consequences for uncorrectable violations or transfers to prohibited persons. It also adds a formal, court-reviewed check on AG licensing decisions and offers a retrospective restoration mechanism for cases decided under a specific ATF policy.
Key Points
- 1Self-reported violations and grace to correct: Licensees may self-report violations and the AG must assist in correcting them and provide compliance training; enforcement actions for these self-reported violations are limited unless the violation is uncorrectable or involved a transfer to a prohibited person.
- 230-business-day correction window: After actual notice of a self-reported violation, licensees have 30 business days to correct the issue; enforcement actions may proceed if the violation is not corrected within that window.
- 3Definition of “willfully” and “uncorrectable”: Willfulness is tied to deliberate planning or specific intent, not inferred from past conduct, and minor or clerical issues are presumptively not willful; an uncorrectable violation is one that cannot be corrected despite best efforts.
- 4Direct judicial review of license actions: Licensees can petition a U.S. district court for de novo review of AG-denied or revoked licenses, with a stay of the revocation during litigation and a standard showing of willful violation to uphold revocation.
- 5Retroactive application and restoration for EREP: The bill applies retroactively to licenses revoked or denied under the Enhanced Regulatory Enforcement Policy (EREP) and allows such licensees to reapply, provided they meet eligibility criteria and demonstrate compliance and corrective actions.