,i #aadth ,,congress #b;d ,session ,h4 ,r4 #dihj ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjaf ,mr4 ,emmer of ,minnesota 7for himself1 ,mr4 ,abraham1 ,mr4 ,des,jarlais1 ,mr4 ,fincher1 ,mr4 ,forbes1 ,mr4 ,guinta1 ,mr4 ,jody ,b4 ,hice of ,georgia1 ,mr4 ,kelly of ,pennsylvania1 ,mr4 ,king of ,iowa1 ,mr4 ,zinke1 ,mr4 ,cook1 ,mr4 ,westerman1 and ,mr4 ,gosar7 introduced the following bill2 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 #fj days1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,firearm ,due ,process ,protection ,act 4 #b4 ,deadline for final disposition of requests to correct records of the ,national ,instant ,criminal ,background ,check ,system ,section #ajc7;g7 of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 by striking ,if and inserting the following3 7#a7 ,in general ,if 2 7#b7 by adding at the end the following3 ,the ,attorney ,general shall make a final disposition of any information so submitted1 within #fj days after receipt of the information42 and 7#c7 by adding after and below the end the following new paragraph3 7#b7 ,private right of action 7,a7 ,in general ,an individual aggrieved by a violation of the last sentence of paragraph 7#a7 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 eligibility of the individual to receive and possess a firearm4 7,b7 ,expedited hearing ,the court shall hold a hearing on such an action within #cj days after the action is brought4 7,c7 ,burden of proof ,at such a hearing1 the ,united ,states shall bear the burden of proving by clear and convincing evidence that the individual is ineligible to receive or possess a firearm4 7,d7 ,remedies ,if the government does not so prove the ineligibility1 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 #e business days1 and shall award the individual the costs of bringing the action and a reasonable attorney's fee4 4 #c4 ,annual reports to the ,congress on disposition of challenges to accuracy of records of the ,national ,instant ,criminal ,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 specifies-- 7#a7 the total number of challenges to the accuracy of the records of the ,national ,instant ,criminal ,background ,check ,system 7in this section referred to as the ,,nics system7 established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act that were received by the ,,nics system during the year covered by the report2 7#b7 the total number of the challenges that were processed to final disposition by the ,,nics system2 7#c7 the total number of the challenges with respect to which the initial determination of the ,,nics system was reversed1 and with respect to those challenges1 the total number in which each reason for the initial determination was made2 7#d7 the total number of the challenges with respect to which the initial determination of the ,,nics system was not reversed1 and with respect to those challenges1 the total number in which each reason for not doing so was made2 and 7#e7 the average length of time needed to complete the processing of the challenges referred to in paragraph 7#b74 #d4 ,sense of the ,congress ,it is the sense of the ,congress that-- 7#a7 the right of the people to keep and bear arms is a fundamental component of self-government and the preservation of individual liberty2 7#b7 deprivation of the constitutional right to bear arms requires due process under the ,fifth and ,fourteenth ,amendments to the ,constitution of the ,united ,states2 and 7#c7 ignoring appeals of determinations made by the ,national ,instant ,criminal ,background ,check ,system violates due process4