A group of eight Republican U.S. Senators on Thursday introduced a new measure meant to improve the fairness, speed and transparency of background checks and application processes for National Firearms Act (NFA) items.
Led by U.S. Senator Jim Risch of Idaho, the group introduced the ATF Transparency Act, which, if passed, would ensure law-abiding gun owners experience a fair and speedy application process when exercising their Second Amendment rights.
One of the current issues is that no formal appeal process currently exists for individuals who fail the ATF’s National Instant Criminal Background Check System (NICS), regardless of whether the denial was based on mistaken identity, misinterpreted criminal records or records that were ultimately resolved.
In a nutshell, the act would codify the appeals process to protect law-abiding Americans’ background checks from being wrongfully denied, require the ATF to process applications within three days and require the Government Accountability Office and DOJ to report on the number of NFA items involved in unresolved background checks, recommend ways to reduce unresolved checks and report on the FBI’s National Instant Criminal Background Check System involvement. If the ATF fails to process applications within three days, the applications would be automatically approved.
“Law-abiding gun owners wrongfully denied their Second Amendment rights should be able to appeal their case through an efficient, transparent process,” Sen. Risch said in a press release announcing the legislation. “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.”
Another bill author, Sen. Roger Marshall of Kansas, said the measure helps fulfill part of his mission as a U.S. Senator.
“As a lifelong gun owner and supporter of the Second Amendment, I came to the Senate with the mission of protecting this sacred Constitutional right of all Kansans,” Sen. Marshall said. “The ATF Transparency Act furthers this mission by requiring the ATF to develop an appeals process to protect Americans’ background checks from being wrongfully denied. This is a commonsense step forward to safeguard the Second Amendment, and I am proud to stand alongside my colleagues in support.”
Not surprisingly, the measure has received the support of top pro-gun organizations, including Gun Owners of America (GOA) and the National Rifle Association (NRA).
“Gun Owners of America is proud to endorse Sen. Risch’s legislation to eliminate ATF’s bureaucratic loopholes in the already unconstitutional National Firearms Act,” said Aidan Johnston, GOA director of federal affairs. “ATF has deceived Congress and the American public with inaccurate NFA approval estimates for far too long. There is no reason that an NFA approval time should take longer than a normal background check, especially since ATF has shown they are able to rapidly approve forms after Congress instructed them to. A Right Delayed is a Right Denied.”
Along with Sens. Risch and Marshall, others co-authoring the measure include Sens. Mike Crapo of Idaho, Steve Daines and Tim Sheehy of Montana, Cindy Hyde-Smith of Mississippi, James Lankford of Oklahoma and Cynthia Lummis of Wyoming.
Read the full article here