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H.R. 9548IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 103 · H.R. 9548

Relief from denial or revocation of firearm owner licenses

Title I — Licensing

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Section 925 of title 18, United States Code, is amended by adding at the end the following: (g) Relief from denial or revocation of firearm owner licenses (1) Application to the Attorney General (A) In general If the Attorney General denies a firearm owner license to an individual under paragraph (3)(D) of section 923(m) or revokes the firearm owner license of an individual under paragraph (5) of that section, the individual may, not later than 60 days after the date on which the denial or revocation occurs, make an application to the Attorney General for relief from that denial or revocation. (B) Relief The Attorney General may grant relief to an applicant under subparagraph (A), if the applicant establishes to the satisfaction of the Attorney General that the circumstances relating to the denial or revocation, and the criminal record and personal reputation of the applicant, are such that— (i) the applicant will not be likely to act in a manner dangerous to public safety; and (ii) relief under this subparagraph would not be contrary to the public interest. (C) Notice in the Federal Register If the Attorney General grants relief under subparagraph (B), the Attorney General shall promptly publish in the Federal Register a notice— (i) that the relief was granted; and (ii) that describes the reasons for granting the relief. (2) Appeal (A) In general An applicant who is denied relief under paragraph (1)(B) may file a petition for judicial review of the denial with the district court of the United States for the district in which the applicant resides. (B) Hearing A court that receives a petition under subparagraph (A) shall hold a hearing to determine whether to grant the petitioner relief described in paragraph (1)(A) not later than 72 hours after the petitioner files the petition. (C) Notice and opportunity to be heard (i) In general The court shall provide the petitioner with notice and the opportunity to be heard at a hearing under this paragraph, sufficient to protect the due process rights of the petitioner. (ii) Right to counsel (I) In general At a hearing under this paragraph, the petitioner may be represented by counsel who is— (aa) chosen by the petitioner; and (bb) authorized to practice at such a hearing. (II) Court-provided counsel If the petitioner is financially unable to obtain representation by counsel, the court, at the request of the petitioner, shall ensure to the extent practicable that the petitioner is represented by an attorney for the Legal Services Corporation with respect to the petition. (D) Burden of proof; standard At a hearing under this paragraph, the Attorney General— (i) shall have the burden of proving all material facts; and (ii) shall be required to demonstrate, by clear and convincing evidence, that the petitioner is prohibited under section 923(m)(3)(A) from receiving a firearm owner license..

Sec. 103: Relief from denial or revocation of firearm owner licenses · Public Law Tracker