Senators Marshall and Risch Introduce Bill to Protect Law-Abiding Gun Owners and Hold ATF Accountable

Washington –U.S. Senator Roger Marshall, M.D. (R-Kansas) and U.S. Senator Jim Risch (R-Idaho) introduced legislation with U.S. Senators Mike Crapo (R-Idaho), Steve Daines (R-Montana), Cindy Hyde-Smith (R-Mississippi), James Lankford (R-Oklahoma), Cynthia Lummis (R-Wyoming), and Tim Sheehy (R-Montana) to improve the fairness, speed, and transparency of background checks and application processes for National Firearms Act (NFA) items. The ATF Transparency Act will ensure law-abiding gun owners experience a fair and speedy application process when exercising their Second Amendment rights.

“As a lifelong gun owner and supporter of the Second Amendment, I came to the Senate with the mission of protecting this sacred Constitutional right of all Kansans,” said Senator Marshall. “The ATF Transparency Act furthers this mission by requiring the ATF to develop an appeals process to protect Americans’ background checks from being wrongfully denied. This is a commonsense step forward to safeguard the Second Amendment, and I am proud to stand alongside my colleagues in support.”

“Law-abiding gun owners wrongfully denied their Second Amendment rights should be able to appeal their case through an efficient, transparent process,” said Senator Risch. “My ATF Transparency Act is simple. It codifies the current appeals process, holds the ATF to a higher standard, and gives Idaho’s lawful gun owners a faster, fairer process for firearm applications.”

“Lawful gun owners should not be denied their constitutional right to own a firearm because of unchecked bureaucratic rulings,” said Senator Crapo. “A more transparent review and appeals process for those improperly flagged by the ATF will give individuals the due process they rightly deserve.”

“The Second Amendment is an integral part of our Montana way of life, and law-abiding citizens should not have to worry about their constitutional rights being denied because of a processing error,” said Senator Daines. “This legislation will create a quick and transparent appeals process for Montanans who have been wrongfully flagged by the ATF, and I’ll continue to stand up for our right to keep and bear arms.”

“No system is infallible, including the federal bureaucracy. The ATF Transparency Act would help ensure law-abiding Americans aren’t denied their Second Amendment rights due to mistakes in their background checks that may wrongfully prevent them from owning a firearm,” said Senator Hyde-Smith. “I credit Senator Risch for leading the charge to fix this injustice.”

“Unelected D.C. bureaucrats at the ATF should not be able to criminalize law-abiding gun owners nor throw up roadblocks for appealing unfair rulings,” said Senator Lummis. “I’m proud to work with my Senate colleagues to bring much needed accountability and transparency to the ATF and enhance Americans’ constitutional right to bear arms.”

The ATF Transparency Act has received support from Gun Owners of America and National Rifle Association.

“Gun Owners of America is proud to endorse Sen. Risch’s legislation to eliminate ATF’s bureaucratic loopholes in the already unconstitutional National Firearms Act. ATF has deceived Congress and the American public with inaccurate NFA approval estimates for far too long. There is no reason that a NFA approval time should take longer than a normal background check, especially since ATF has shown they are able to rapidly approve forms after Congress instructed them to. A Right Delayed is a Right Denied” said Aidan Johnston, Director of Federal Affairs, Gun Owners of America.

“The ATF Transparency Act is a crucial piece of legislation that will allow individuals the opportunity to appeal their denied application of National Firearms Act items. The ambiguity of denials is an issue that must be resolved and the NRA thanks and applauds Sen. Risch for reintroducing this important legislation and standing up for all Americans’ Second Amendment rights,” said John Commerford, Executive Director of the NRA Institute for Legislative Action.

The ATF Transparency Act would:

• Codify the appeals process to protect law-abiding Americans’ background checks from being wrongfully denied.
• Require the ATF to process applications within three days. If the ATF fails to do so, applications will be automatically approved.
• Requires the Government Accountability Office and DOJ to report on the number of NFA items involved in unresolved background checks, recommend ways to reduce unresolved checks, and report on the FBI’s National Instant Criminal Background Check System involvement.

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