S. 1922: Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune Act

This bill, titled the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune Act (commonly referred to as the FIREARM Act), seeks to amend certain provisions related to firearm licensing and regulations under U.S. law. The key elements of the bill are summarized below:

Definitions of Key Terms

The bill introduces several definitions aimed at clarifying the terms used within the context of firearm licensing:

• Self-reported violation: A violation reported by a licensee to the Attorney General before it is discovered during an inspection.
• Willfully: Refers to actions taken with deliberate planning or specific intent, excluding previous conduct or minor errors.
• Uncorrectable violation: A violation that cannot be corrected by the licensee, such as transferring a firearm to a prohibited person.

Opportunity to Correct Violations

The bill provides that:

• Not correctable after it has occurred.
• Involves the transfer of a firearm to a prohibited person.

The Attorney General is required to assist the licensee in correcting the self-reported violation and provide compliance training.

Before initiating an enforcement action, the Attorney General must provide written notice of the violation, the evidence related to it, and a grace period of 30 business days for the licensee to correct the violation.

Provisions for License Revocations

In regard to judicial reviews of license revocations:

• A license holder has the right to petition for judicial review of a license denial or revocation within 15 business days of receiving notification.
• Any review will consider new evidence submitted by both parties, and the court can overturn the Attorney General's decision if it finds the violation was not willful.

Retroactive Application

The bill includes provisions that apply retroactively to licenses revoked or denied under a prior regulatory enforcement policy announced in 2021. Specifically:

• It allows those licensees to reapply for their licenses if they have not committed any disqualifying violations and can demonstrate compliance with relevant regulations.

General Impact

This legislation is aimed at allowing firearm licensees more flexibility to rectify minor or self-reported violations, rather than facing severe penalties or revocations. The goal is to provide a more supportive regulatory environment while still addressing serious violations that pose risks to public safety.

Relevant Companies

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