Enforcement of deadline for final disposition of requests to correct records of the National Instant Criminal Background Check System; due process protections

Section 925A of title 18, United States Code, is amended— (1) by inserting (a) In general.— before Any person; (2) by inserting or aggrieved by a violation of the penultimate sentence of section 103(g) of the Brady Handgun Violence Prevention Act after (s) or (t) of section 922; (3) by striking the last sentence; and (4) by adding after and below the end the following: (b) Procedural rules (1) Expedited hearing The court shall hold a hearing on an action brought under subsection (a), within 30 days after the action is brought. (2) Burden of proof At such a hearing, the respondent shall bear the burden of proving by clear and convincing evidence that the individual is ineligible to receive or possess a firearm. (c) Remedies (1) In general The court shall assess against the respondent reasonable attorney fees and other litigation costs reasonably incurred in an action brought under subsection (a) in which the complainant has substantially prevailed. (2) Substantially prevailed For purposes of this section, a complainant has substantially prevailed if the complainant has obtained relief through— (A) a judicial order; (B) an enforceable written agreement or consent decree; or (C) a voluntary or unilateral change in position by the United States, if the complainant’s claim is not insubstantial..

Section 925A of title 18, United States Code, is amended— (1) by inserting (a) In general.— before Any person; (2) by inserting or aggrieved by a violation of the penultimate sentence of section 103(g) of the Brady Handgun Violence Prevention Act after (s) or (t) of section 922; (3) by striking the last sentence; and (4) by adding after and below the end the following: (b) Procedural rules (1) Expedited hearing The court shall hold a hearing on an action brought under subsection (a), within 30 days after the action is brought. (2) Burden of proof At such a hearing, the respondent shall bear the burden of proving by clear and convincing evidence that the individual is ineligible to receive or possess a firearm. (c) Remedies (1) In general The court shall assess against the respondent reasonable attorney fees and other litigation costs reasonably incurred in an action brought under subsection (a) in which the complainant has substantially prevailed. (2) Substantially prevailed For purposes of this section, a complainant has substantially prevailed if the complainant has obtained relief through— (A) a judicial order; (B) an enforceable written agreement or consent decree; or (C) a voluntary or unilateral change in position by the United States, if the complainant’s claim is not insubstantial..