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ATF Transparency Act

USA119th CongressS-884| Senate 
| Updated: 3/6/2025
James E. Risch

James E. Risch

Republican Senator

Idaho

Cosponsors (9)
Rick Scott (Republican)Roger Marshall (Republican)Cindy Hyde-Smith (Republican)Cynthia M. Lummis (Republican)Tim Sheehy (Republican)James Lankford (Republican)David McCormick (Republican)Steve Daines (Republican)Mike Crapo (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, titled the "ATF Transparency Act," aims to enhance the fairness and efficiency of firearm transfer and registration processes by amending the Internal Revenue Code of 1986. It introduces a new administrative relief process for individuals whose applications for firearm transfer and registration are denied by the Secretary, typically due to prohibited person status under federal or state law. This process requires the Secretary to provide the relevant NICS transaction number, allow for appeals similar to existing regulations, and permit transferees to submit information to prevent future erroneous denials or delays, akin to the Voluntary Appeal File program. Furthermore, the bill stipulates that if an appeal is successful, the Secretary must reimburse the transferee for any reasonable and necessary attorney fees incurred. A significant provision of the bill establishes a 3-business-day deemed approval for firearm transfer and making applications. If the Secretary fails to approve or deny an application within this timeframe, it is automatically considered approved, allowing the transfer or making of the firearm to proceed, and denials cannot be based solely on processing delays. Furthermore, a safe harbor provision protects individuals: if a deemed-approved transfer is later found to be for a prohibited person, the transferor is not liable for certain violations, and the transferee is exempt from liability if the firearm is returned within 14 days of notice. Finally, the legislation mandates several reports and agreements to improve the National Instant Criminal Background Check System (NICS). The Comptroller General, in conjunction with the Inspector General of the Department of Justice, must report on unresolved NICS inquiries and recommend actions to minimize them. Additionally, the Directors of the ATF and FBI are required to enter into a memorandum of understanding regarding NICS inquiry administration and processing.
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Timeline

Bill from Previous Congress

S 118-632
ATF Transparency Act
Jan 22, 2025

Latest Companion Bill Action

HR 119-613
Introduced in House
Mar 6, 2025
Introduced in Senate
Mar 6, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-632
    ATF Transparency Act


  • January 22, 2025

    Latest Companion Bill Action

    HR 119-613
    Introduced in House


  • March 6, 2025
    Introduced in Senate


  • March 6, 2025
    Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Related Bills

  • HR 119-613: ATF Transparency Act

ATF Transparency Act

USA119th CongressS-884| Senate 
| Updated: 3/6/2025
This bill, titled the "ATF Transparency Act," aims to enhance the fairness and efficiency of firearm transfer and registration processes by amending the Internal Revenue Code of 1986. It introduces a new administrative relief process for individuals whose applications for firearm transfer and registration are denied by the Secretary, typically due to prohibited person status under federal or state law. This process requires the Secretary to provide the relevant NICS transaction number, allow for appeals similar to existing regulations, and permit transferees to submit information to prevent future erroneous denials or delays, akin to the Voluntary Appeal File program. Furthermore, the bill stipulates that if an appeal is successful, the Secretary must reimburse the transferee for any reasonable and necessary attorney fees incurred. A significant provision of the bill establishes a 3-business-day deemed approval for firearm transfer and making applications. If the Secretary fails to approve or deny an application within this timeframe, it is automatically considered approved, allowing the transfer or making of the firearm to proceed, and denials cannot be based solely on processing delays. Furthermore, a safe harbor provision protects individuals: if a deemed-approved transfer is later found to be for a prohibited person, the transferor is not liable for certain violations, and the transferee is exempt from liability if the firearm is returned within 14 days of notice. Finally, the legislation mandates several reports and agreements to improve the National Instant Criminal Background Check System (NICS). The Comptroller General, in conjunction with the Inspector General of the Department of Justice, must report on unresolved NICS inquiries and recommend actions to minimize them. Additionally, the Directors of the ATF and FBI are required to enter into a memorandum of understanding regarding NICS inquiry administration and processing.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-632
ATF Transparency Act
Jan 22, 2025

Latest Companion Bill Action

HR 119-613
Introduced in House
Mar 6, 2025
Introduced in Senate
Mar 6, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-632
    ATF Transparency Act


  • January 22, 2025

    Latest Companion Bill Action

    HR 119-613
    Introduced in House


  • March 6, 2025
    Introduced in Senate


  • March 6, 2025
    Read twice and referred to the Committee on the Judiciary.
James E. Risch

James E. Risch

Republican Senator

Idaho

Cosponsors (9)
Rick Scott (Republican)Roger Marshall (Republican)Cindy Hyde-Smith (Republican)Cynthia M. Lummis (Republican)Tim Sheehy (Republican)James Lankford (Republican)David McCormick (Republican)Steve Daines (Republican)Mike Crapo (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 119-613: ATF Transparency Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted