I 
114TH CONGRESS 
2D SESSION 
H. R. 4980 
To require the National Instant Criminal Background Check System to make 
a final disposition of requests to correct its records within 60 days, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2016 
Mr. EMMER of Minnesota (for himself, Mr. ABRAHAM, Mr. DESJARLAIS, Mr. 
FINCHER, Mr. FORBES, Mr. GUINTA, Mr. JODY B. HICE of Georgia, Mr. 
KELLY of Pennsylvania, Mr. KING of Iowa, Mr. ZINKE, Mr. COOK, Mr. 
WESTERMAN, and Mr. GOSAR) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To require the National Instant Criminal Background Check 
System to make a final disposition of requests to correct 
its records within 60 days, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Firearm Due Process 
Protection Act’’. 
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SEC. 2. DEADLINE FOR FINAL DISPOSITION OF REQUESTS 
TO CORRECT RECORDS OF THE NATIONAL IN-
STANT CRIMINAL BACKGROUND CHECK SYS-
TEM. 
Section 103(g) of the Brady Handgun Violence Pre-
vention Act (18 U.S.C. 922 note) is amended— 
(1) by striking ‘‘If’’ and inserting the following: 
‘‘(1) IN GENERAL.—If’’; 
(2) by adding at the end the following: ‘‘The 
Attorney General shall make a final disposition of 
any information so submitted, within 60 days after 
receipt of the information.’’; and 
(3) by adding after and below the end the fol-
lowing new paragraph: 
‘‘(2) PRIVATE RIGHT OF ACTION.— 
‘‘(A) IN
GENERAL.—An individual ag-
grieved by a violation of the last sentence of 
paragraph (1) may bring an action in the 
United States district court for the district in 
which the individual attempted to acquire a 
firearm for a declaratory judgment on the eligi-
bility of the individual to receive and possess a 
firearm. 
‘‘(B) EXPEDITED
HEARING.—The court 
shall hold a hearing on such an action within 
30 days after the action is brought. 
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‘‘(C) BURDEN OF PROOF.—At such a hear-
ing, the United States shall bear the burden of 
proving by clear and convincing evidence that 
the individual is ineligible to receive or possess 
a firearm. 
‘‘(D) REMEDIES.—If the government does 
not so prove the ineligibility, the court shall 
order the Attorney General to correct or remove 
the erroneous records of the national instant 
criminal background check system with respect 
to the individual within 5 business days, and 
shall award the individual the costs of bringing 
the action and a reasonable attorney’s fee.’’. 
SEC. 3. ANNUAL REPORTS TO THE CONGRESS ON DISPOSI-
TION OF CHALLENGES TO ACCURACY OF 
RECORDS OF THE NATIONAL INSTANT CRIMI-
NAL BACKGROUND CHECK SYSTEM. 
The Director of the Federal Bureau of Investigation 
shall submit annually to the Committee on the Judiciary 
of the House of Representatives and the Committee on 
the Judiciary of the Senate a written report that speci-
fies— 
(1) the total number of challenges to the accu-
racy of the records of the National Instant Criminal 
Background Check System (in this section referred 
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to as the ‘‘NICS system’’) established under section 
103 of the Brady Handgun Violence Prevention Act 
that were received by the NICS system during the 
year covered by the report; 
(2) the total number of the challenges that were 
processed to final disposition by the NICS system; 
(3) the total number of the challenges with re-
spect to which the initial determination of the NICS 
system was reversed, and with respect to those chal-
lenges, the total number in which each reason for 
the initial determination was made; 
(4) the total number of the challenges with re-
spect to which the initial determination of the NICS 
system was not reversed, and with respect to those 
challenges, the total number in which each reason 
for not doing so was made; and 
(5) the average length of time needed to com-
plete the processing of the challenges referred to in 
paragraph (2). 
SEC. 4. SENSE OF THE CONGRESS. 
It is the sense of the Congress that— 
(1) the right of the people to keep and bear 
arms is a fundamental component of self-government 
and the preservation of individual liberty; 
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