[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 89 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 89
To reform restrictions on the importation of firearms and ammunition.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2025
Mr. Risch (for himself, Ms. Lummis, Mr. Cassidy, Mr. Scott of Florida,
Mr. Cornyn, Mr. Daines, Mr. Wicker, Mr. Marshall, Mr. Sheehy, Mr.
Tillis, Mr. Crapo, Mr. Budd, and Mr. Ricketts) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reform restrictions on the importation of firearms and ammunition.
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 ``Sporting Firearms Access Act of
2025''.
SEC. 2. IMPORTATION OF FIREARMS AND AMMUNITION.
(a) In General.--Section 925(d) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and adjusting the
margins accordingly;
(2) by striking ``The Attorney General shall authorize''
and inserting the following:
``(1) In general.--The Attorney General shall authorize'';
(3) by striking ``The Attorney General shall permit'' and
inserting the following:
``(3) Conditional importation.--The Attorney General shall
permit''; and
(4) by inserting after paragraph (1), as so designated, the
following:
``(2) Determination regarding importation for sporting
purposes.--
``(A) Definition.--For purposes of paragraph
(1)(C), the term `generally recognized as particularly
suitable for or readily adaptable to sporting
purposes', with respect to a firearm or ammunition,
includes a firearm or ammunition that is designed and
intended by the manufacturer for such uses as hunting,
recreational target shooting, organized and governed
competitions, or civilian rifle match competitions.
``(B) Deadline for determination.--
``(i) In general.--Not later than 90 days
after the date on which a person attempting to
import or bring in a firearm or ammunition
under paragraph (1)(C) requests a determination
of whether the importation or bringing in of
the firearm or ammunition will be allowed under
that paragraph, the Attorney General shall make
the determination.
``(ii) Deemed allowance.--If the Attorney
General does not make a determination regarding
a firearm or ammunition described in clause (i)
by the date specified in that clause, the
importation or bringing in of the firearm or
ammunition shall be deemed to have been allowed
as of that date.
``(C) Form of denial.--If the Attorney General
denies the importation or bringing in of a firearm or
ammunition under paragraph (1)(C), the Attorney General
shall--
``(i) provide the person attempting to
import or bring in the firearm or ammunition
with the basis for the denial, in writing; and
``(ii) post the basis for the denial on the
website of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
``(D) Denial of substantially similar firearms or
ammunition prohibited.--
``(i) In general.--The Attorney General may
not deny the importation or bringing in of a
firearm or ammunition under paragraph (1)(C)
that is substantially similar to firearms or
ammunition that are in circulation in the
United States.
``(ii) Definition.--The Attorney General
shall define the term `substantially similar'
for purposes of clause (i)--
``(I) in consultation with
representatives of the firearms
industry, including hunting guides,
shooting magazine editors, State game
commissioners, organized competitive
hunting and shooting groups, law
enforcement agencies or organizations,
firearms industry members and trade
associations, and interest and
information groups; and
``(II) with reference to processes
used by the Attorney General as of the
date of enactment of the Sporting
Firearms Access Act of 2025 that
examine the physical and technical
characteristics of firearms and
ammunition and the similarity of those
physical and technical characteristics
to the physical and technical
characteristics of firearms and
ammunition in circulation within the
United States.
``(E) Hearing.--If the Attorney General denies an
application for the importation or bringing in of a
firearm or ammunition under paragraph (1)(C), the
Attorney General shall, upon request by the aggrieved
party, promptly hold a hearing to review the denial at
a location convenient to the aggrieved party.
``(F) Judicial review.--
``(i) In general.--If, after a hearing held
under subparagraph (E), the Attorney General
decides not to reverse a determination to deny
an application under paragraph (1)(C), the
Attorney General shall give notice of that
decision to the aggrieved party.
``(ii) Petition for judicial review.--Not
later than 60 days after the date on which
notice is given under clause (i), the 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 de novo
judicial review of the denial.
``(iii) Consideration of evidence.--In a
proceeding conducted under this subparagraph,
the court may consider any evidence submitted
by the parties to the proceeding whether or not
the evidence was considered at the hearing held
under subparagraph (E).
``(iv) Burden of proof.--In a proceeding
conducted under this subparagraph, the Attorney
General shall have the burden of proof to
establish that the firearm or ammunition is not
generally recognized as particularly suitable
for or readily adaptable to sporting purposes,
including by establishing that the firearm or
ammunition is not substantially similar to
firearms or ammunition that are in circulation
in the United States, as described in
subparagraph (D).
``(v) Reversal of decision; attorney
fees.--If the court decides that the Attorney
General was not authorized to deny the
application, the court shall--
``(I) order the Attorney General to
take such action as may be necessary to
comply with the judgment of the court;
and
``(II) award reasonable attorney
fees to the aggrieved party.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendment.--Section 161A(b) of the Atomic
Energy Act of 1954 (42 U.S.C. 2201a(b)) is amended by striking
``section 925(d)(3)'' and inserting ``section 925(d)(1)(C)''.
(2) Subsection headings.--Section 925 of title 18, United
States Code, is amended--
(A) in subsection (d), by inserting after the
subsection enumerator the following: ``Importation
Relating to Scientific or Research Purposes,
Competition or Training, Curios and Museum Pieces,
Sporting Purposes, and Previously Removed Firearms and
Ammunition.--'';
(B) in subsection (e), by inserting after the
subsection enumerator the following: ``Importation of
Curios and Relics by Licensed Importers.--''; and
(C) in subsection (f), by inserting after the
subsection enumerator the following: ``Importation of
Undetectable Firearms.--''.
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