,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ahag  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ah1 #bjai    
,mr4 ,emmer 7for himself1 ,mr4 ,gosar1  
and ,mr4 ,newhouse7 introduced the      
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to enforce the requirement that
 the ,national ,instant ,criminal       
,background ,check ,system 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        
,enforcement of deadline for final      
disposition of requests to correct      
records of the ,national ,instant       
,criminal ,background ,check ,system2   
due process protections ,section #ibe;,a
 of title #ah1 ,united ,states ,code1 is
 amended--  7#a7 by inserting 7a7 ,in   
general4-- before ,any person2  7#b7 by 
inserting or aggrieved by a violation of
 the penultimate sentence of section    

#ajc7;g7 of the ,brady ,handgun         
,violence ,prevention ,act after 7s7 or 
7t7 of section #ibb2  7#c7 by striking  
the last sentence2 and  7#d7 by adding  
after and below the end the following3  
7b7 ,procedural rules  7#a7 ,expedited  
hearing ,the court shall hold a hearing 
on an action brought under subsection   
7a71 within #cj days after the action is
 brought4  7#b7 ,burden of proof ,at    
such a hearing1 the respondent shall    
bear the burden of proving by clear and 
convincing evidence that the individual 
is ineligible to receive or possess a   
firearm4  7c7 ,remedies  7#a7 ,in       
general ,the court shall assess against 
the respondent reasonable attorney fees 
and other litigation costs reasonably   
incurred in an action brought under     
subsection 7a7 in which the complainant 
has substantially prevailed4  7#b7      
,substantially prevailed ,for purposes  
of this section1 a complainant has      
substantially prevailed if the          
complainant has obtained relief         

through--  7,a7 a judicial order2  7,b7 
an enforceable written agreement or     
consent decree2 or  7,c7 a voluntary or 
unilateral change in position by the    
,united ,states1 if the complainant's   
claim is not insubstantial4  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-government1 self-defense1 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  7#c7 ignoring appeals 
of determinations made by the ,national 
,instant ,criminal ,background ,check   
,system 7,,nics7 violates due process2  
and  7#d7 ,,nics should have the burden 
of showing a valid reason for the denial
 of this constitutional right4