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S. 884IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 884

Administrative relief for denial of firearm transfer application

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(a) In general Section 5812 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Administrative relief (1) In general With respect to any application described in subsection (a) for the transfer and registration of a firearm which is denied by the Secretary based on a determination that transferring the firearm to the transferee would violate subsection (d) of section 922 of title 18, United States Code, or receipt of the firearm by the transferee would violate subsection (g) or (n) of that section or State, local, or tribal law, the Secretary shall— (A) provide the transferee with the relevant NICS transaction number with respect to such application, (B) permit such transferee to appeal such denial to the Secretary in a manner similar to the process for appeals provided under section 25.10 of title 28, Code of Federal Regulations, and (C) permit such transferee to provide information to the Secretary to prevent any subsequent erroneous denial or extended delay by NICS pursuant to a program (as established by the Secretary) similar to the Voluntary Appeal File program described in section 25.10(g) of title 28, Code of Federal Regulations. (2) Attorney fees In the case of any successful appeal by the transferee pursuant to the process described in paragraph (1)(B), the Secretary shall reimburse the transferee for any reasonable and necessary attorney fees incurred with respect to such appeal. (3) NICS For purposes of this subsection, the term NICS means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).. (b) Effective date The amendment made by this section shall apply to applications for the transfer and registration of a firearm which are filed or pending on or after the date of enactment of this Act.

Sec. 2: Administrative relief for denial of firearm transfer application · Public Law Tracker