Amidst reports that the National Instant Criminal Background Check System (NICS) is overwhelmed by the sheer volume of new firearm purchases—and that the FBI has apparently stopped processing appeals of denials—one legislator is working to guarantee that would-be gun purchasers who are wrongfully denied will receive a fair chance to set things straight. Rep. Tom Emmer, R-Minn., authored H.R. 4980, the Firearm Due Process Protection Act, to establish a 60-day deadline for the FBI to respond to such an appeal. It also establishes an avenue of legal recourse if no action is taken within these 60 days.
Many NICS denials occur because of misinformation in records that simply needs to be corrected. Rep. Emmer said of his legislation, “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.”