The ATF Transparency Act improves the firearm application process by requiring the Secretary to provide applicants with reasons for denial, allowing appeals, and expediting processing times, as well as mandating reports and agreements related to the National Instant Criminal Background Check System (NICS).
Russ Fulcher
Representative
ID-1
The ATF Transparency Act aims to make the firearm application process more transparent and efficient. It allows applicants to appeal denied firearm transfer applications, potentially recoup attorney fees if successful, and prevents application delays by mandating automatic approval if the Secretary doesn't decide within 90 days. The Act also requires reports and agreements related to the National Instant Criminal Background Check System (NICS) to improve its administration and minimize unresolved inquiries.
ATF Transparency Act: 90-Day Auto-Approval for Gun Purchases, Plus New Appeal Rights If Denied
The "ATF Transparency Act" aims to overhaul the firearm application process, promising faster decisions and more recourse for applicants. The core purpose is to streamline applications, increase transparency in the National Instant Criminal Background Check System (NICS), and enhance coordination between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI.
Speedier Applications, Tighter Deadlines
The biggest change? A strict 90-day deadline for the ATF to process firearm transfer and manufacturing applications. If they don't make a decision within that timeframe, the application is automatically approved (SEC. 3). This applies to both new applications and those already in the pipeline. Denials can only happen if the application itself is flawed—paperwork errors, disqualifying information—not because of processing hold-ups. For example, imagine a small business owner applying to manufacture firearms. Under this bill, if they don’t hear back within 90 days, they’re legally cleared to start production, assuming all other requirements are met.
New Rights for Denied Applicants
If an application is denied, the bill gives applicants new tools (SEC. 2). First, they must be given the NICS transaction number, providing a concrete reference point for why they were rejected. Second, they get a formal appeals process, similar to what's already outlined in federal regulations (28 CFR 25.10). Think of it like getting a clear explanation and a chance to argue your case if your loan application was denied. Crucially, if the appeal succeeds, the applicant can be reimbursed for "reasonable and necessary" attorney fees. This could be a game-changer for someone wrongly denied, making it more feasible to challenge the decision.
Accountability and Potential Pitfalls
Beyond individual applications, the bill demands accountability from the agencies involved. Within 180 days, multiple reports are due to Congress (SEC. 4):
- One on the number of unresolved NICS checks between 2010 and 2021 (those stuck in limbo for over 90 days).
- Another on how many NICS checks the FBI handled for the ATF from 2014 to 2021.
- A mandatory agreement between the ATF and FBI on how they'll handle these checks going forward.
While the push for efficiency and transparency is clear, there are potential challenges. The 90-day automatic approval raises a red flag: What if the ATF can't thoroughly vet someone in that time? Could this lead to potentially dangerous individuals obtaining firearms? The bill aims to prevent future errors by letting applicants proactively provide information to NICS. However, the automatic approval element could be exploited. This is where the mandated reports become crucial—they're supposed to shine a light on any systemic issues and, ideally, lead to improvements.
This bill is trying to balance speed and accuracy in a sensitive area. It's essentially saying, "Let's make the process faster and fairer, but also keep a close eye on how it's working."