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.
The Firearm Due Process Protection Act strengthens legal protections for individuals who challenge decisions made by the National Instant Criminal Background Check System, which screens people buying firearms. The bill requires courts to hold hearings within 30 days on challenges to NICS records and shifts the legal burden to the government to prove by clear and convincing evidence that someone is ineligible to own a firearm, rather than requiring the individual to prove their eligibility. If someone substantially prevails in challenging an incorrect NICS decision, the government must pay their attorney fees and court costs. Additionally, the FBI must submit annual reports to Congress detailing how many challenges to NICS records were received and processed, how many initial determinations were reversed, and the average time it takes to resolve these cases. The bill reflects congressional sentiment that firearm ownership is a constitutional right deserving due process protections when individuals dispute background check denials.
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