Washington, D.C. -- Congressman Tom Emmer (MN-06) yesterday introduced H.R. 4980, the Firearm Due Process Protection Act. This legislation would ensure that Americans are able to correct false information that causes the federal government to deny their Constitutional right to own a firearm.
The National Instant Criminal Background Check System (NICS) provides for an appeal process if an individual is denied a firearm due to inaccurate information. However, on January 20th, it was reported that the NICS Section, the office in charge of background checks, had halted the appeals process altogether. The primary reasons for successful appeals are mismatched fingerprints and inaccurate criminal history records, and currently the amount of erroneous denials is not public information.
This legislation protects the Constitutional liberties of Americans by requiring that a determination be made on every appeal within 60 days. Americans would be given the right to seek a court judgment to correct invalid information if the FBI does not act on an appeal within the deadline. Additionally, it increases congressional oversight by requiring statistics regarding the total number and nature of appeals be reported to Congress.
“This President’s executive actions on guns should not deprive law-abiding Americans of their Constitutional right to due process,” said Emmer. “Citizens who go through the appropriate, legal process of ensuring their own personal protection should not face unnecessary government blockades. Two months is a reasonable amount of time to run a background check and correct false information. Above all, citizens must always have recourse when denied a fundamental right."
Since taking office, Congressman Tom Emmer has cosponsored several pieces of legislation to protect American's Constitutional right to bear arms.
The Firearm Due Process Protection Act is H.R. 4980. Click here to read the full text.