HR 613 — ATF Transparency Act

Summary

ATF Transparency ActThis bill modifies procedural requirements related to the transfer or making of firearms that are subject to regulation under the National Firearms Act (e.g., machine guns, short-barreled shotguns, and silencers).The bill permits the transfer of a firearm if 90 days have elapsed since the application to transfer the firearm was filed, and the application has not been denied. Additionally, the bill establishes an administrative relief process with respect to an application to transfer that is denied.The bill permits the making of a firearm if 90 days have elapsed since the application to make the firearm was filed, and the application has not been denied.Finally, the bill requires reports on firearms-related background check inquiries that remain unresolved after 90 days and the percentage of firearms-related background check inquiries related to the transfer of a firearm that were administered by the Federal Bureau of Investigation.

Bill Text

• Introduced Introduced in House Current html January 22, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes an administrative relief process for firearm transfer application denials and sets a time limit for application processing.

• Section 5812 of the Internal Revenue Code of 1986

  (c) Administrative Relief.-- (1) In general.--With respect to any application described in subsection (a) for the transfer and registration of a firearm which is denied by the Secretary based on a determination that transferring the firearm to the transferee would violate subsection (d) of section 922 of title 18, United States Code, or receipt of the firearm by the transferee would violate subsection (g) or (n) of that section or State, local, or tribal law, the Secretary shall-- (A) provide the transferee with the relevant NICS transaction number with respect to such application, (B) permit such transferee to appeal such denial to the Secretary in a manner similar to the process for appeals provided under section 25.10 of title 28, Code of Federal Regulations, and (C) permit such transferee to provide information to the Secretary to prevent any subsequent erroneous denial or extended delay by NICS pursuant to a program (as established by the Secretary) similar to the Voluntary Appeal File program described in section 25.10(g) of title 28, Code of Federal Regulations.

  This establishes a mechanism for appealing firearm transfer application denials and requires certain information and processes from the Secretary.

• Section 5812 of the Internal Revenue Code of 1986

  (d) Processing of Applications.--Notwithstanding subsection (a), if an application described in such subsection with respect to the transfer and registration of a firearm has been filed with the Secretary and the Secretary fails to make a determination regarding whether to approve or deny such application prior to the date which is 90 calendar days after the date on which such application was originally filed by the transferor, the transfer and registration of such firearm to the transferee shall be deemed to have been approved by the Secretary for purposes of this section and such transfer may be made. The Secretary shall only deny an application described in subsection (a) on the grounds that the applicable requirements under such subsection have not been satisfied, and may not deny an application solely on the grounds that a determination regarding whether to approve or deny such application could not be completed by the Secretary during the period described in the preceding sentence.

  This mandates an automatic approval of firearm transfer applications if not decided within 90 days.

• Section 5822 of the Internal Revenue Code of 1986

  Notwithstanding the preceding sentences, if a person files an application to make and register a firearm with the Secretary and the Secretary fails to make a determination regarding whether to approve or deny such application prior to the date which is 90 calendar days after the date on which such application was originally filed by such person, such application shall be deemed to have been approved by the Secretary for purposes of this section and such firearm may be made by such person.

  This requires automatic approval of firearm manufacturing applications if not decided within 90 days.

• Section 5812 of the Internal Revenue Code of 1986

  (c)(2) Attorney fees.--In the case of any successful appeal by the transferee pursuant to the process described in paragraph (1)(B), the Secretary shall reimburse the transferee for any reasonable and necessary attorney fees incurred with respect to such appeal.

  This mandates reimbursement of attorney fees for successful appeals of denied firearm transfer applications.

Action History

1. January 22, 2025

   Introduced in House

2. January 22, 2025

   Introduced in House

3. January 22, 2025

   Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

4. January 22, 2025

   Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sponsors

• Russ Fulcher · Primary
• Abraham J. Hamadeh · Cosponsor

Subjects