PolicyBrief
S. 89
119th CongressJan 14th 2025
Sporting Firearms Access Act of 2025
IN COMMITTEE

The "Sporting Firearms Access Act of 2025" aims to streamline and clarify the process for importing firearms and ammunition intended for sporting purposes, setting deadlines for decisions, requiring detailed explanations for denials, and allowing for judicial review. The bill also ensures that imports of firearms and ammunition cannot be denied if they are substantially similar to products already available in the United States.

James Risch
R

James Risch

Senator

ID

LEGISLATION

New Bill Streamlines Firearm Imports, Sets 90-Day ATF Decision Limit, and Shifts Burden of Proof

The Sporting Firearms Access Act of 2025 aims to overhaul how firearms and ammunition are imported into the United States, potentially making it easier for certain types of guns to enter the country. The core change? Defining what counts as being for 'sporting purposes'—and setting a tight deadline for the government to approve or deny import requests.

Fast Track for Firearms

The bill explicitly defines 'sporting purposes' to include hunting, recreational target shooting, and organized competitions (SEC. 2). This could open the door for a wider range of firearms and ammo imports. But here's the kicker: the Attorney General (basically, the head of the Department of Justice, which includes the ATF) has just 90 days to decide on an import application. If they don't make a decision in that time, the import is automatically approved (SEC. 2). This is a major shift that could speed things up significantly, but it also raises questions about whether the ATF can properly vet every application in such a short timeframe.

"Substantially Similar" and Shifting the Burden

Another big change is that the bill prevents the denial of imports for firearms and ammunition considered 'substantially similar' to those already available in the U.S. (SEC. 2). The exact definition of 'substantially similar' will be worked out in consultation with the firearms industry, which is a noteworthy detail. This provision is likely to increase the availability of certain models. The bill also puts the burden of proof on the Attorney General in any legal challenges. If a denial is appealed, the government has to prove the firearm isn't for sporting purposes or isn't substantially similar, rather than the importer having to prove that it is (SEC. 2).

Real-World Rollout

Imagine a gun manufacturer in Europe wants to sell a new hunting rifle in the U.S. Under this bill, they submit their application, and if they don't hear back in 90 days, they're good to go. If they are denied, they get a written explanation and can appeal, with the government now bearing the burden of proving the denial was justified. This could mean more choices for hunters and sport shooters, but also potentially more firearms overall. For a small importer, this could mean less red tape and quicker turnaround times. For a larger company, it could open up new markets. However, for someone concerned about gun control, this could be seen as loosening restrictions.

Transparency and Potential Challenges

On the plus side, the bill requires written explanations for any import denials, which will be posted publicly on the ATF website (SEC. 2). This adds a layer of transparency to the process. However, the tight 90-day deadline, combined with the 'substantially similar' clause and the shift in the burden of proof, could create challenges. The ATF's resources could be stretched, and the definitions of 'sporting purposes' and 'substantially similar' will be crucial – and potentially open to interpretation and debate.