The ATF Transparency Act would require the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to create an administrative relief process for individuals whose requests to transfer or register a firearm are denied. Key elements include sharing a NICS transaction number with the applicant, allowing an appeal of the denial, and enabling the applicant to provide information to help prevent erroneous or delayed denials tied to NICS checks. If the appeal is successful, the government would reimburse reasonable attorney fees. The bill also adds a “timely processing” provision: if ATF does not decide on an application within three business days, the transfer or the making/registration of the firearm is deemed approved for purposes of processing, with a safe harbor that protects both transferor and transferee from certain liability if a later determination would have denied the transfer, provided the firearm is returned within a 14-day window after notice of the denial. The act requires reporting on unresolved NICS checks, a review of how many NICS checks are administered by FBI, and a memorandum of understanding between ATF and FBI on NICS processing. These changes would apply to applications filed or pending on or after enactment.
Key Points
- 1Administrative relief for denials: For transfers denied because the transfer would violate federal/state law or NICS disposition, ATF must provide the NICS transaction number, allow an appeal to the Secretary through a process similar to the CFR 28 appeals, and permit information sharing to prevent erroneous denials or delays (including a Voluntary Appeal File-like mechanism).
- 2Attorney fees for successful appeals: If the transferee’s appeal is successful, ATF must reimburse reasonable and necessary attorney fees.
- 3Deemed approval after 3 business days: If ATF has not made a determination within three business days after filing, the application is deemed approved for transfer or making/registration purposes. Denials after deemed approval may only be made on substantial non-satisfaction of requirements, not simply due to the delay.
- 4Safe harbor and liability protections: If a later determination finds the transfer should have been denied, the transferor and transferee receive liability protections under specified conditions, including the transferee returning the firearm within 14 days of notice.
- 5Processing of firearm making: The same three-day deemed-approval rule applies to applications to make and register a firearm.
- 6Reports and agreements: Within 180 days, the Comptroller General and DOJ Inspector General must report on unresolved NICS checks and the use of NICS by FBI, respectively; ATF and FBI must sign a memorandum of understanding about administering and processing NICS checks for firearm transfers.
- 7Definitions and scope: The bill defines “firearm” consistently with the IRC and clarifies NICS as the National Instant Criminal Background Check System. The amendments apply to applications filed or pending on or after enactment.