119-hr2184

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2184 Reported in House

    (RH) ]

<DOC>

 Union Calendar No. 290
119th CONGRESS
 1st Session
 H. R. 2184

 [Report No. 119-338]

 To enforce the requirement that the National Instant Criminal 
Background Check System make a final disposition of requests to correct 
 its records within 60 days, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 18, 2025

Mr. Emmer (for himself, Mr. Bean of Florida, Mr. Biggs of Arizona, Mr. 
 Bost, Mr. Carter of Georgia, Mr. Collins, Mr. Donalds, Mr. Estes, Mr. 
 Finstad, Mr. Fleischmann, Mr. Gosar, Mr. Norman, Ms. Tenney, Mr. 
 Timmons, and Mr. Reschenthaler) introduced the following bill; which 
 was referred to the Committee on the Judiciary

 October 3, 2025

 Additional sponsors: Mr. Van Drew, Mr. Newhouse, Mr. Grothman, Mr. 
Mann, Mr. Barr, Mr. Rogers of Alabama, Mr. Calvert, Ms. Stefanik, Mrs. 
 Fischbach, and Mr. Hamadeh of Arizona

 October 3, 2025

 Reported with an amendment, committed to the Committee of the Whole 
 House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
 in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
 18, 2025]

_______________________________________________________________________

 A BILL

 To enforce the requirement that the National Instant Criminal 
Background Check System make a final disposition of requests to correct 
 its records within 60 days, 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 ``Firearm Due Process Protection Act 
of 2025''.

SEC. 2. ENFORCEMENT OF DEADLINE FOR FINAL DISPOSITION OF REQUESTS TO 
 CORRECT RECORDS OF THE NATIONAL INSTANT CRIMINAL 
 BACKGROUND CHECK SYSTEM; DUE PROCESS PROTECTIONS.

 

Section 925A of title 18, United States Code, is amended--

    (1) by inserting ``

    (a) In General.--'' before ``Any 
 person'';

    (2) by inserting ``or aggrieved by a violation of the 
 penultimate sentence of 

section 103

    (g) of the Brady Handgun 
 Violence Prevention Act'' after ``

    (s) or

    (t) of 

section 922'';

    (3) by striking the last sentence; and

    (4) by adding after and below the end the following:
 ``

    (b) Procedural Rules.--
 ``

    (1) Expedited hearing.--The court shall hold a hearing on 
 an action brought under subsection

    (a) , within 30 days after 
 the action is brought.
 ``

    (2) Burden of proof.--At such a hearing, the respondent 
 shall bear the burden of proving by clear and convincing 
 evidence that the individual is ineligible to receive or 
 possess a firearm.
 ``
            (c) Remedies.--
 ``

    (1) In general.--The court shall assess against the 
 respondent reasonable attorney fees and other litigation costs 
 reasonably incurred in an action brought under subsection

    (a) in which the complainant has substantially prevailed.
 ``

    (2) Substantially prevailed.--For purposes of this 
 section, a complainant has substantially prevailed if the 
 complainant has obtained relief through--
 ``
        (A) a judicial order;
 ``
        (B) an enforceable written agreement or consent 
 decree; or
 ``
            (C) a voluntary or unilateral change in position 
 by the United States, if the complainant's claim is not 
 insubstantial.''.

SEC. 3. ANNUAL REPORTS TO THE CONGRESS ON DISPOSITION OF CHALLENGES TO 
 ACCURACY OF RECORDS OF THE NATIONAL INSTANT CRIMINAL 
 BACKGROUND CHECK SYSTEM.

 The Director of the Federal Bureau of Investigation shall submit 
annually to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
written report that specifies--

    (1) the total number of challenges to the accuracy of the 
 records of the National Instant Criminal Background Check 
 System (in this section referred to as the ``NICS system'') 
 established under 

section 103 of the Brady Handgun Violence 
 Prevention Act that were received by the NICS system during the 
 year covered by the report;

    (2) the total number of the challenges that were processed 
 to final disposition by the NICS system;

    (3) the total number of the challenges with respect to 
 which the initial determination of the NICS system was 
 reversed, and with respect to those challenges, the total 
 number in which each reason for the initial determination was 
 made;

    (4) the total number of the challenges with respect to 
 which the initial determination of the NICS system was not 
 reversed, and with respect to those challenges, the total 
 number in which each reason for not doing so was made; and

    (5) the average length of time needed to complete the 
 processing of the challenges referred to in paragraph

    (2) .

SEC. 4. SENSE OF THE CONGRESS.

 It is the sense of the Congress that--

    (1) the right of the people to keep and bear arms is a 
 fundamental component of self-government, self-defense, and the 
 preservation of individual liberty;

    (2) deprivation of the constitutional right to bear arms 
 requires due process under the Fifth and Fourteenth Amendments 
 to the Constitution of the United States;

    (3) ignoring appeals of determinations made by the National 
 Instant Criminal Background Check System

    (NICS) violates due 
 process; and

    (4) NICS should have the burden of showing a valid reason 
 for the denial of this constitutional right.
 Union Calendar No. 290

119th CONGRESS

 1st Session

 H. R. 2184

 [Report No. 119-338]

_______________________________________________________________________

 A BILL

 To enforce the requirement that the National Instant Criminal 
Background Check System make a final disposition of requests to correct 
 its records within 60 days, and for other purposes.

_______________________________________________________________________

 October 3, 2025

 Reported with an amendment, committed to the Committee of the Whole 
 House on the State of the Union, and ordered to be printed