119-s89

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 89 Introduced in Senate

    (IS) ]

<DOC>

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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