Congress shifts burden of proof in firearm denial cases to the government
H.R. 2184 — Firearm Due Process Protection Act · Filed by Tom Emmer (R-MN) · 24 cosponsors · Introduced Mar 18, 2025 · Reported out
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What it does
This bill enforces a 60-day deadline for the FBI's background check system (NICS) to resolve requests to correct its records, and creates a private right of action allowing people denied firearms to sue in federal court. The bill shifts the burden of proof to the government, requires expedited hearings within 30 days, and allows prevailing plaintiffs to recover attorney fees. It also mandates annual FBI reporting on NICS correction challenges.
Why we flagged it
The bill's operative mechanism is a procedural remedy—expedited court access, burden-shifting, and fee-shifting—designed to make it easier for individuals to challenge NICS denials. It is not a substantive change to who can own firearms, but a reallocation of litigation risk and cost toward the government.
What the text implies
- The 'clear and convincing evidence' burden (highest civil standard) may make it difficult for the government to defend denials based on incomplete or circumstantial evidence of ineligibility, potentially allowing some individuals with disqualifying records to obtain firearms if documentation is imperfect.
- Attorney-fee shifting creates a financial penalty for the government defending denials, which may incentivize settlement or abandonment of cases the government would otherwise litigate, even when the underlying denial is legally sound.
The full analysis lists 4 implications of this text.
Who stands to gain
firearms attorneys and litigation firms; civil rights organizations specializing in Second Amendment claims