H.R. 2184

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2184 Reported in House (RH)]

<DOC>

Union Calendar No. 290
119th CONGRESS
1st Session
H. R. 2184

[Report No. 119-338]

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 18, 2025

Mr. Emmer (for himself, Mr. Bean of Florida, Mr. Biggs of Arizona, Mr. 
Bost, Mr. Carter of Georgia, Mr. Collins, Mr. Donalds, Mr. Estes, Mr. 
Finstad, Mr. Fleischmann, Mr. Gosar, Mr. Norman, Ms. Tenney, Mr. 
Timmons, and Mr. Reschenthaler) introduced the following bill; which 
was referred to the Committee on the Judiciary

October 3, 2025

Additional sponsors: Mr. Van Drew, Mr. Newhouse, Mr. Grothman, Mr. 
Mann, Mr. Barr, Mr. Rogers of Alabama, Mr. Calvert, Ms. Stefanik, Mrs. 
Fischbach, and Mr. Hamadeh of Arizona

October 3, 2025

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on March 
18, 2025]

_______________________________________________________________________

A BILL

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.

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 ``Firearm Due Process Protection Act 
of 2025''.

SEC. 2. ENFORCEMENT OF DEADLINE FOR FINAL DISPOSITION OF REQUESTS TO 
CORRECT RECORDS OF THE NATIONAL INSTANT CRIMINAL 
BACKGROUND CHECK SYSTEM; DUE PROCESS PROTECTIONS.

Section 925A of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Any 
person'';
(2) by inserting ``or aggrieved by a violation of the 
penultimate sentence of section 103(g) of the Brady Handgun 
Violence Prevention Act'' after ``(s) or (t) of section 922'';
(3) by striking the last sentence; and
(4) by adding after and below the end the following:
``(b) Procedural Rules.--
``(1) Expedited hearing.--The court shall hold a hearing on 
an action brought under subsection (a), within 30 days after 
the action is brought.
``(2) Burden of proof.--At such a hearing, the respondent 
shall bear the burden of proving by clear and convincing 
evidence that the individual is ineligible to receive or 
possess a firearm.
``(c) Remedies.--
``(1) In general.--The court shall assess against the 
respondent reasonable attorney fees and other litigation costs 
reasonably incurred in an action brought under subsection (a) 
in which the complainant has substantially prevailed.
``(2) Substantially prevailed.--For purposes of this 
section, a complainant has substantially prevailed if the 
complainant has obtained relief through--
``(A) a judicial order;
``(B) an enforceable written agreement or consent 
decree; or
``(C) a voluntary or unilateral change in position 
by the United States, if the complainant's claim is not 
insubstantial.''.

SEC. 3. ANNUAL REPORTS TO THE CONGRESS ON DISPOSITION OF CHALLENGES TO 
ACCURACY OF RECORDS OF THE NATIONAL INSTANT CRIMINAL 
BACKGROUND CHECK SYSTEM.

The Director of the Federal Bureau of Investigation shall submit 
annually to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
written report that specifies--
(1) the total number of challenges to the accuracy of the 
records of the National Instant Criminal Background Check 
System (in this section referred to as the ``NICS system'') 
established under section 103 of the Brady Handgun Violence 
Prevention Act that were received by the NICS system during the 
year covered by the report;
(2) the total number of the challenges that were processed 
to final disposition by the NICS system;
(3) the total number of the challenges with respect to 
which the initial determination of the NICS system was 
reversed, and with respect to those challenges, the total 
number in which each reason for the initial determination was 
made;
(4) the total number of the challenges with respect to 
which the initial determination of the NICS system was not 
reversed, and with respect to those challenges, the total 
number in which each reason for not doing so was made; and
(5) the average length of time needed to complete the 
processing of the challenges referred to in paragraph (2).

SEC. 4. SENSE OF THE CONGRESS.

It is the sense of the Congress that--
(1) the right of the people to keep and bear arms is a 
fundamental component of self-government, self-defense, and the 
preservation of individual liberty;
(2) deprivation of the constitutional right to bear arms 
requires due process under the Fifth and Fourteenth Amendments 
to the Constitution of the United States;
(3) ignoring appeals of determinations made by the National 
Instant Criminal Background Check System (NICS) violates due 
process; and
(4) NICS should have the burden of showing a valid reason 
for the denial of this constitutional right.
Union Calendar No. 290

119th CONGRESS

1st Session

H. R. 2184

[Report No. 119-338]

_______________________________________________________________________

A BILL

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.

_______________________________________________________________________

October 3, 2025

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed