[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1922 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1922
To provide firearm licensees an opportunity to correct statutory and
regulatory violations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2025
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide firearm licensees an opportunity to correct statutory and
regulatory violations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Irrational Regulatory
Enforcement to Avert Retailers' Misfortune Act'' or the ``FIREARM
Act''.
SEC. 2. FIREARM LICENSING REVOCATIONS AND DENIALS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(39) The term `self-reported violation' means a violation by a
licensee of any provision of this chapter or any implementing
regulation thereof that the licensee reports to the Attorney General
before the Attorney General discovers the violation during an
inspection of the licensee under this chapter.
``(40) The term `willfully' has the meaning given the term in
section 5336(h) of title 31, except that--
``(A) the term only includes conduct resulting from or
achieved through deliberate planning or specific intent;
``(B) willfulness shall not be inferred from previous
conduct; and
``(C) minor, clerical, or curable conduct is presumptively
not willful.
``(41) The term `uncorrectable violation' means any violation that,
despite best efforts, cannot be corrected by the licensee, including a
violation in which the licensee transferred a firearm to a prohibited
person.''.
(b) Self-Reported Violations; Opportunity To Correct Violations.--
Section 923(e) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2)(A) The Attorney General may not bring an enforcement action
to revoke, or deny a renewal of, a license for a violation of any
provision of this chapter or any implementing regulation thereof on the
basis of a self-reported violation, except in the case of a violation--
``(i) that is not correctable after the violation occurred;
or
``(ii) in which a firearm was transferred to a person who
is prohibited from possessing a firearm pursuant to any
provision of this chapter or any implementing regulation
thereof.
``(B) In the case of a self-reported violation, the Attorney
General shall--
``(i) assist the licensee to correct the self-reported
violation; and
``(ii) provide the licensee with instructions and
compliance training designed to assist the licensee in avoiding
repetition of the self-reported violation in the future.
``(3)(A) Before initiating an enforcement action under this
subsection, the Attorney General shall provide the licensee with actual
notice of the violation giving rise to the enforcement action, which
shall include, at a minimum--
``(i) a detailed explanation of the substance of the
violation;
``(ii) all evidence or documentation in the possession of
the Attorney General regarding the enforcement action; and
``(iii) a statement that the Attorney General will not
initiate the enforcement action if the licensee corrects the
violation by the date that is 30 business days after the date
on which the licensee first receives actual notice of the
violation.
``(B) The Attorney General may bring an enforcement action under
this subsection against a licensee described in subparagraph (A) if--
``(i) 30 business days have elapsed since the date on which
the licensee received the notice of the violation required
under that subparagraph; and
``(ii) the licensee has not corrected the violation.
``(C) If a self-reported violation is of a nature such that it
cannot be corrected within the grace period and with the assistance
provided pursuant to paragraph (2) or (3), the Attorney General may
deny a licensee the opportunity to correct.
``(4) The Attorney General may not bring an enforcement action on
the basis of any violation of any provision of this chapter or any
implementing regulation thereof that has been corrected pursuant to
paragraph (2) or (3) unless the violation involves a prohibited
transfer of a firearm or another uncorrectable violation that creates a
direct and acute risk of death or serious bodily injury as a result of
the uncorrectable violation.''.
(c) Direct Judicial Review of License Revocations.--Section 923(f)
of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``If'' and inserting
``Except as provided in paragraph (3), if''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse his or her decision to deny an
application or revoke a license, during the 15-business-day period
beginning on the date on which a license holder or applicant receives a
written notice of revocation or denial, that aggrieved party may file a
petition with the United States district court for the district in
which the aggrieved party resides or has his or her principal place of
business for a judicial review of the revocation or denial.
``(B) If a license holder files a petition with a United States
district court under subparagraph (A), the Attorney General shall stay
the effective date of the revocation until the court issues a judgment.
``(C) In a proceeding conducted under this paragraph, the court may
consider any evidence submitted by the parties to the proceeding, shall
review the Attorney General's decision de novo, and shall uphold any
revocation decision only upon a finding, by a preponderance of the
evidence, that the license holder willfully violated the statute under
this title or any implementing regulation.
``(D) If the court decides that the Attorney General did not have a
sufficient basis to revoke or deny a license, the court shall order the
Attorney General to take such action as may be necessary to comply with
the judgment of the court.''.
SEC. 3. RETROACTIVE APPLICATION TO LICENSES REVOKED UNDER ENHANCED
REGULATORY ENFORCEMENT POLICY.
(a) Definition.--In this section, the term ``Enhanced Regulatory
Enforcement Policy'' means the Enhanced Regulatory Enforcement Policy
of the Bureau of Alcohol, Tobacco, Firearms and Explosives announced on
June 23, 2021.
(b) Retroactive Application.--Notwithstanding any provision of law,
the provisions of this Act shall apply retroactively to any licensee
whose license was revoked or denied pursuant to the Enhanced Regulatory
Enforcement Policy.
(c) Restoration of Licenses.--In the case of any licensee whose
license was revoked or denied renewal pursuant to the Enhanced
Regulatory Enforcement Policy, or who surrendered the license of such
licensee at the request or suggestion of an industry operations
investigator of the Bureau of Alcohol, Tobacco, Firearms and Explosives
during the course of an inspection with respect to which an Enhanced
Regulatory Enforcement Policy-type violation was cited or disclosed to
the licensee, the Attorney General shall provide the licensee an
opportunity to reapply for a license, and approve such application,
provided the licensee--
(1) has not been convicted of a violation that would
otherwise prohibit the issuance of a license under section
923(d) of title 18, United States Code; and
(2) submits evidence to demonstrate compliance with the
relevant regulations, including corrective action for
previously cited violations.
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