HYDE-SMITH SEEKS TO STRENGTHEN 2A RIGHTS WITH ATF TRANSPARENCY ACT
Cosponsors Bill to Establish Appeal Process for Wrongfully Denied NICS Background Checks
WASHINGTON, D.C. – U.S. Senator Cindy Hyde-Smith (R-Miss.) today joined U.S. Senator James Risch (R-Idaho) in renewing legislation to enhance fairness, timeliness, and transparency for law-abiding Americans required to pass a background check to purchase firearms.
Hyde-Smith is an original cosponsor of the ATF Transparency Act, which would enhance the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) background check and application processes under the National Firearms Act (NFA).
“No system is infallible, including the federal bureaucracy. The ATF Transparency Act would help ensure law-abiding Americans aren’t denied their Second Amendment rights due to mistakes in their background checks that may wrongfully prevent them from owning a firearm,” Hyde-Smith said. “I credit Senator Risch for leading the charge to fix this injustice.”
“Law-abiding gun owners wrongfully denied their Second Amendment rights should be able to appeal their case through an efficient, transparent process,” said Risch. “My ATF Transparency Act is simple. It codifies the current appeals process, holds the ATF to a higher standard, and gives Idaho’s lawful gun owners a faster, fairer process for firearm applications.”
Among, other reforms, the legislation would require the ATF to develop an appeal process to protect law-abiding Americans from having their background checks wrongfully denied. No formal appeal process currently exists for individuals who fail the ATF’s National Instant Criminal Background Check System (NICS) background check, regardless of whether the denial was based on mistaken identity, misinterpreted criminal records, or records that were ultimately resolved.
The ATF Transparency Act would:
- Require the ATF to develop an appeal process to protect law-abiding Americans’ background checks from being wrongfully denied.
- Require the ATF to provide NCIS transaction numbers and pay attorney fees for successful appeals.
- Require the ATF to process applications within three (3) business days. If the ATF fails to do so, applications will be approved automatically.
- Require Government Accountability Office and Department of Justice Inspector General to report on the number of NFA items involved in unresolved NICS checks, recommend ways to reduce unresolved checks, and report on FBI NICS involvement.
The Gun Owners of America and National Rifle Association support the ATF Transparency Act, which was also cosponsored by U.S. Senators Mike Crapo (R-Idaho), Steve Daines (R-Mont.), James Lankford (R-Okla.), Cynthia Lummis (R-Wyo.), Roger Marshall, M.D. (R-Kan.), and Tim Sheehy (R-Mont.).
Two weeks ago, Hyde-Smith was among 30 Republican Senators who signed a letter to the ATF that strongly encouraged the agency to immediately begin rescinding unlawful Biden-era rules that infringe on the Second Amendment rights and align ATF policies with a recent Executive Order issued by President Trump.
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