When you try to buy a gun and the background check system (NICS) flags you incorrectly, you can challenge that decision — but the FBI often takes far longer than the required 60 days to resolve your appeal, leaving you in limbo. This bill strengthens your right to fight back by guaranteeing a court hearing within 30 days, shifting the burden of proof to the government to show by clear and convincing evidence that you're actually ineligible, and making the government pay your legal fees if you win. It also requires the FBI to report annually to Congress on how many challenges it receives and how long they take to resolve.
Congressional Summary
Firearm Due Process Protection Act of 2025This bill expands the grounds for pursuing judicial remedies related to the denial of certain firearm transfers. Additionally, the bill establishes procedural rules applicable to actions for judicial remedies.Current law authorizes judicial remedies for an individual who is erroneously denied a firearm (e.g., an individual is denied a firearm but the individual is eligible to receive or possess a firearm). This bill authorizes remedies for an individual who experiences an extended delay (i.e., a delay of more than 60 days) on a firearm transfer.Additionally, the bill requires an expedited hearing on an action for judicial remedies and places the burden of proof on the respondent (i.e., the government) to show that the individual was ineligible to receive or possess a firearm.
Details
- Congress
- 119th
- Chamber
- Status
- summarized
- Action
- Action Date
- Date Added
- 2026-04-02