H.R.3770 - Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune Act; FIREARM Act (119th Congress)
Summary
H.R.3770, the FIREARM Act, aims to provide firearm licensees an opportunity to correct statutory and regulatory violations. It amends Title 18 of the United States Code, focusing on licensing revocations and denials related to firearm sales. The bill introduces definitions for 'self-reported violation,' 'willfully,' and 'uncorrectable violation,' and it outlines procedures for licensees to correct violations before enforcement actions are taken.
Expected Effects
The bill is likely to reduce the number of license revocations for minor, correctable violations. It also provides a process for licensees to rectify errors and receive compliance training. Additionally, the Act allows for retroactive application to licenses revoked under the Enhanced Regulatory Enforcement Policy announced on June 23, 2021, potentially restoring licenses to those affected.
Potential Benefits
- Provides licensees with an opportunity to correct violations, reducing the risk of losing their licenses for minor infractions.
- Requires the Attorney General to assist licensees in correcting self-reported violations and provide compliance training.
- Offers a 30-day grace period for licensees to correct violations after receiving notice from the Attorney General.
- Allows for direct judicial review of license revocations, providing an additional layer of protection for licensees.
- Retroactively applies to licenses revoked under the Enhanced Regulatory Enforcement Policy, potentially restoring licenses to affected individuals.
Potential Disadvantages
- May potentially weaken enforcement of firearm regulations if violations are easily corrected, even if they pose a risk.
- Could increase the administrative burden on the Attorney General's office due to the requirement to assist licensees with corrections and provide training.
- The definition of 'willfully' may create loopholes, making it harder to prove intentional violations.
- The retroactive application may reinstate licenses to individuals who previously demonstrated a disregard for regulations.
- May lead to increased litigation as licensees challenge revocation decisions in court.
Most Disadvantaged Areas:
Constitutional Alignment
The bill touches upon the Second Amendment, which guarantees the right to bear arms, and the Fifth Amendment, which ensures due process. By providing opportunities for licensees to correct violations and seek judicial review, the bill could be seen as reinforcing due process rights. However, some may argue that it weakens the government's ability to regulate firearms, potentially conflicting with the goal of ensuring public safety. The balance between these constitutional considerations will determine the bill's ultimate alignment with the Constitution.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).