ATF Accountability Act of 2025
The ATF Accountability Act of 2025 would create a formal, timetabled appeals process for certain ATF rulings and determinations that affect licensed gun manufacturers, importers, and dealers. When a licensee submits a product classification request or a regulatory question to the Attorney General (on ATF matters), the AG must issue a written ruling within 90 days. Licensees would then have the option to appeal that ruling to the relevant Director of Industry Operations (within 30 days) and, if desired, pursue an on-the-record hearing before an administrative law judge (ALJ. Alternatively, licensees can skip directly to an ALJ appeal within defined timeframes). The ALJ would conduct a hearing under standard federal administrative procedure, issue a decision within 90 days, and that decision (along with any Director of Industry Operations decision) would be final agency action subject to judicial review. The filing of an appeal would pause the ruling’s effective date until all appeals are resolved. The bill applies to determinations made before, on, or after enactment. In short, the bill adds a structured, time-bound pathway for challenging ATF rulings affecting licensed firearm-related businesses, potentially increasing procedural protections and creating new opportunities for review in federal court.
Key Points
- 1Timely initial ruling requirement: ATF must issue a written ruling on product classification or regulatory questions within 90 days of receipt.
- 2Stepwise appeal options to the Director of Industry Operations: Licensees may appeal to the appropriate IO Director within 30 days of receiving the ruling; IO Director must decide in writing within 30 days.
- 3On-record ALJ option: Licensees may request a hearing before an administrative law judge (on the record) within specified timeframes (either within 75 days after initial ruling or within 14 days after the IO Director’s determination, whichever is later).
- 4Hearing procedures and timing: If an ALJ hearing is requested, a hearing must be scheduled within 90 days of the request, with procedures drawn from 5 U.S.C. 556 and 557(d); the ALJ must issue a formal decision within 90 days after the hearing, including findings and the basis for the decision.
- 5Finality and review: The ALJ decision or the IO Director decision constitutes final agency action and is subject to judicial review under chapter 7 of title 5 (the Administrative Procedure Act).
- 6Stay of the ruling’s effectiveness: Filing an administrative appeal delays the effective date of the ruling until the appeal and any judicial review are complete.
- 7Retroactive applicability: The amendment applies to determinations made before, on, or after enactment.
- 8Scope of matters covered: Applies to rulings or determinations related to product classification, regulatory matters, or related questions under ATF authority.