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Firearm Due Process Protection Act
12/30/2022, 5:47 PM
Summary of Bill HR 3820
The bill seeks to provide individuals with a process to challenge their inclusion on the NICS list and have their rights restored if they are found to have been wrongly listed. This process includes the right to receive notice of their inclusion on the list, the right to review and challenge the evidence against them, and the right to a hearing before a neutral arbiter.
Additionally, the bill includes provisions to ensure that individuals who are prohibited from purchasing firearms due to mental health issues are provided with the opportunity to have their rights restored if they are deemed no longer a threat to themselves or others. Overall, the Firearm Due Process Protection Act aims to strike a balance between protecting public safety and safeguarding the due process rights of individuals who wish to exercise their Second Amendment rights. It is currently under consideration in Congress and has garnered support from both sides of the political aisle.
Congressional Summary of HR 3820
Firearm Due Process Protection Act
This bill expands the grounds for pursuing judicial remedies related to certain firearm transfers. Additionally, the bill establishes procedural rules applicable to actions for judicial remedies.
Current law authorizes judicial remedies for an individual who is erroneously denied a firearm (e.g., an individual is denied a firearm but the individual is eligible to receive or possess a firearm). This bill authorizes remedies for an individual who experiences an extended delay (i.e., a delay of more than 60 days) on a firearm transfer.
Additionally, the bill requires an expedited hearing on an action for judicial remedies and places the burden of proof on the respondent to show by clear and convincing evidence that the individual was ineligible to receive or possess a firearm.
