FIREARM Act Offers Licensees 30 Days to Fix Mistakes and Grants Direct Federal Court Appeals

The aptly nicknamed FIREARM Act (Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune Act) focuses on changing the rules for how the government handles license revocations and denials for Federal Firearm Licensees (FFLs). Essentially, it builds a protective shield around licensees facing administrative action, especially when they mess up, by requiring the Attorney General (AG) to offer a path to correction rather than immediate punishment.

This bill starts by redefining key terms that matter a lot in enforcement. For instance, the bill specifies that a violation is only considered "willfully" committed if it came from "deliberate planning or a specific intent." This is a big deal because it means the government can’t just assume bad intent based on a history of mistakes. If a small gun shop owner accidentally files paperwork incorrectly, it’s much harder for the AG to argue that mistake was willful unless they can prove the owner specifically intended to break the rule, making it tougher to yank their license.

The 'Self-Report and Fix It' Rule

For busy FFLs, the most practical change is the new rule around "self-reported violations." If a licensee finds a problem and reports it to the AG before an inspection catches it, the AG generally can’t revoke or deny the license renewal. Instead, the AG must offer training and help the licensee fix the problem, giving them up to 30 business days to correct the issue after receiving official notice. This is a massive incentive for FFLs to clean up their own act, knowing that a minor administrative slip-up won't immediately cost them their livelihood. However, this protection doesn't apply to "uncorrectable violations," like knowingly transferring a firearm to someone legally prohibited from owning one—those still face immediate enforcement.

Taking the ATF to Federal Court

The bill also fundamentally changes the appeal process for FFLs. If the AG decides to deny or revoke a license after a hearing, the licensee now has a direct path to appeal in federal district court within 15 days. Crucially, filing this appeal automatically puts the revocation on hold until the court makes a final decision. Even more significant is the standard of review: the court must review the case de novo, meaning they start fresh, looking at all the evidence without giving deference to the agency’s original decision. This shifts significant power from the ATF—the regulatory experts—to the federal judiciary, who must find a “preponderance of the evidence” that the FFL willfully violated the law to uphold the revocation.

Retroactive Relief for Past Revocations

Finally, the FIREARM Act looks backward. It mandates that these new, more protective rules apply retroactively to anyone whose license was revoked or denied under the specific "Enhanced Regulatory Enforcement Policy" the ATF announced in June 2021. If you lost your license under that policy, you can reapply, and the AG must approve it if you haven't been convicted of a disqualifying crime and can show you’ve fixed the problems previously cited. This provision offers a clear path back into business for those who felt they were unfairly targeted by the previous enforcement push, provided they can demonstrate current compliance.