S.1922 - Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune Act; FIREARM Act (119th Congress)
Summary
S.1922, the FIREARM Act, aims to provide firearm licensees an opportunity to correct statutory and regulatory violations. It introduces definitions for 'self-reported violation,' 'willfully,' and 'uncorrectable violation' within the context of firearm licensing. The bill seeks to prevent the Attorney General from revoking or denying license renewals based on self-reported violations, except in cases of uncorrectable violations or transfers to prohibited persons.
Expected Effects
The bill would likely reduce the number of license revocations for minor, self-reported violations. It also mandates the Attorney General to assist licensees in correcting violations and provides compliance training. Furthermore, the bill allows for direct judicial review of license revocations, with the court reviewing the Attorney General's decision de novo.
Potential Benefits
- Reduces penalties for minor, self-reported violations, encouraging compliance.
- Provides licensees with opportunities to correct violations and receive compliance training.
- Offers direct judicial review of license revocations, ensuring fairness.
- Retroactively applies to licenses revoked under the Enhanced Regulatory Enforcement Policy.
- Potentially reduces the burden on law-abiding firearm businesses.
Potential Disadvantages
- May weaken enforcement against negligent or reckless firearm dealers.
- Could potentially lead to more firearms falling into the wrong hands if violations are not properly addressed.
- The definition of 'willfully' may create loopholes for licensees to exploit.
- Retroactive application may restore licenses to individuals who previously demonstrated a disregard for regulations.
- Could increase the workload of the Justice Department due to increased judicial review.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. The Second Amendment guarantees the right to bear arms, but this right is not unlimited. The government can regulate firearms to ensure public safety. This bill attempts to balance these interests by providing opportunities for licensees to correct violations while still maintaining restrictions on prohibited persons. The judicial review provisions align with due process principles.
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).