I
119THCONGRESS
1
STSESSION H. R. 2184
To enforce the requirement that the National Instant Criminal Background
Check System make a final disposition of requests to correct its records
within 60 days, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH18, 2025
Mr. E
MMER(for himself, Mr. BEANof Florida, Mr. BIGGSof Arizona, Mr.
B
OST, Mr. CARTERof Georgia, Mr. COLLINS, Mr. DONALDS, Mr. ESTES,
Mr. F
INSTAD, Mr. FLEISCHMANN, Mr. GOSAR, Mr. NORMAN, Ms.
T
ENNEY, Mr. TIMMONS, and Mr. RESCHENTHALER) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To enforce the requirement that the National Instant Crimi-
nal Background Check System make a final disposition
of requests to correct its records within 60 days, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Firearm Due Process 4
Protection Act’’. 5
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SEC. 2. ENFORCEMENT OF DEADLINE FOR FINAL DISPOSI-1
TION OF REQUESTS TO CORRECT RECORDS 2
OF THE NATIONAL INSTANT CRIMINAL BACK-3
GROUND CHECK SYSTEM; DUE PROCESS PRO-4
TECTIONS. 5
Section 925A of title 18, United States Code, is 6
amended— 7
(1) by inserting ‘‘(a) I
NGENERAL.—’’ before 8
‘‘Any person’’; 9
(2) by inserting ‘‘or aggrieved by a violation of 10
the penultimate sentence of section 103(g) of the 11
Brady Handgun Violence Prevention Act’’ after ‘‘(s) 12
or (t) of section 922’’; 13
(3) by striking the last sentence; and 14
(4) by adding after and below the end the fol-15
lowing: 16
‘‘(b) P
ROCEDURALRULES.— 17
‘‘(1) E
XPEDITED HEARING .—The court shall 18
hold a hearing on an action brought under sub-19
section (a), within 30 days after the action is 20
brought. 21
‘‘(2) B
URDEN OF PROOF .—At such a hearing, 22
the respondent shall bear the burden of proving by 23
clear and convincing evidence that the individual is 24
ineligible to receive or possess a firearm. 25
‘‘(c) R
EMEDIES.— 26
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‘‘(1) IN GENERAL.—The court shall assess 1
against the respondent reasonable attorney fees and 2
other litigation costs reasonably incurred in an ac-3
tion brought under subsection (a) in which the com-4
plainant has substantially prevailed. 5
‘‘(2) S
UBSTANTIALLY PREVAILED .—For pur-6
poses of this section, a complainant has substantially 7
prevailed if the complainant has obtained relief 8
through— 9
‘‘(A) a judicial order; 10
‘‘(B) an enforceable written agreement or 11
consent decree; or 12
‘‘(C) a voluntary or unilateral change in 13
position by the United States, if the complain-14
ant’s claim is not insubstantial.’’. 15
SEC. 3. ANNUAL REPORTS TO THE CONGRESS ON DISPOSI-16
TION OF CHALLENGES TO ACCURACY OF 17
RECORDS OF THE NATIONAL INSTANT CRIMI-18
NAL BACKGROUND CHECK SYSTEM. 19
The Director of the Federal Bureau of Investigation 20
shall submit annually to the Committee on the Judiciary 21
of the House of Representatives and the Committee on 22
the Judiciary of the Senate a written report that speci-23
fies— 24
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(1) the total number of challenges to the accu-1
racy of the records of the National Instant Criminal 2
Background Check System (in this section referred 3
to as the ‘‘NICS system’’) established under section 4
103 of the Brady Handgun Violence Prevention Act 5
that were received by the NICS system during the 6
year covered by the report; 7
(2) the total number of the challenges that were 8
processed to final disposition by the NICS system; 9
(3) the total number of the challenges with re-10
spect to which the initial determination of the NICS 11
system was reversed, and with respect to those chal-12
lenges, the total number in which each reason for 13
the initial determination was made; 14
(4) the total number of the challenges with re-15
spect to which the initial determination of the NICS 16
system was not reversed, and with respect to those 17
challenges, the total number in which each reason 18
for not doing so was made; and 19
(5) the average length of time needed to com-20
plete the processing of the challenges referred to in 21
paragraph (2). 22
SEC. 4. SENSE OF THE CONGRESS. 23
It is the sense of the Congress that— 24
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(1) the right of the people to keep and bear 1
arms is a fundamental component of self-govern-2
ment, self-defense, and the preservation of individual 3
liberty; 4
(2) deprivation of the constitutional right to 5
bear arms requires due process under the Fifth and 6
Fourteenth Amendments to the Constitution of the 7
United States; 8
(3) ignoring appeals of determinations made by 9
the National Instant Criminal Background Check 10
System (NICS) violates due process; and 11
(4) NICS should have the burden of showing a 12
valid reason for the denial of this constitutional 13
right. 14
Æ
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