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H.R. 2184: Firearm Due Process Protection Act

This bill, titled the Firearm Due Process Protection Act, aims to enhance the rights of individuals concerning the National Instant Criminal Background Check System (NICS), which is used to determine eligibility for firearm possession. Here are the main provisions of the bill:

1. Final Disposition Deadline

The bill requires the NICS to finalize any requests for correction of its records within 60 days. This means if someone believes that the NICS has incorrect information about them that affects their ability to purchase a firearm, the NICS must respond to their request for correction within two months.

2. Due Process Protections

The bill adds due process measures for individuals who are denied the ability to purchase a firearm based on the NICS records. Key elements include:

Expedited Hearings: Courts must hold hearings within 30 days for those contesting a denial.
Burden of Proof: In these hearings, the entity challenging the individual must prove, by clear and convincing evidence, that the person is ineligible to possess a firearm.

3. Remedies for Successful Complainants

If an individual successfully challenges a denial, the court may require the respondent (the party that denied the firearm purchase) to pay reasonable attorney fees and litigation costs. A complainant is considered to have "substantially prevailed" if they receive a judicial order, an agreement, or if the U.S. changes its position regarding the individual's eligibility.

4. Annual Reporting Requirements

The Director of the Federal Bureau of Investigation (FBI) is mandated to provide an annual report to Congress on the NICS regarding:

The total number of challenges to its records received.
The number of challenges processed to final determination.
The number of initial determinations that were reversed.
The number of initial determinations that were not reversed.
The average time taken to resolve these challenges.

5. Congressional Sentiment

The bill expresses the Congress's view that:

The right to bear arms is essential for self-governance and individual liberty.
Any deprivation of this right requires due process under the Constitution.
Failure to address appeals against NICS decisions violates due process.
The burden should be on the NICS to justify any denials of firearm possession.

Relevant Companies

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This is an AI-generated summary of the bill text. There may be mistakes.

Actions

4 actions

Date	Action
Mar. 25, 2025	Committee Consideration and Mark-up Session Held
Mar. 25, 2025	Ordered to be Reported (Amended) by Voice Vote.
Mar. 18, 2025	Introduced in House
Mar. 18, 2025	Referred to the House Committee on the Judiciary.

Corporate Lobbying

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