,,ii #aaith ,,congress #ast ,session ,s4 #aibb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #b1 #bjbe,ms4 ,ernst introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide firearm licensees an opportunity to correct statutory and regulatory violations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fighting ,irrational ,regulatory ,enforcement to ,avert ,retailers' ,misfortune ,act or the ,,firearm ,act4 #b4 ,firearm licensing revocations and denials 7a7 ,definitions ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#ci7 ,the term self-reported violation means a violation by a licensee of any provision of this chapter or any implementing regulation thereof that the licensee reports to the ,attorney ,general before the ,attorney ,general discovers the violation during an inspection of the licensee under this chapter4 7#dj7 ,the term willfully has the meaning given the term in section #eccf7;h7 of title #ca1 except that-- 7,a7 the term only includes conduct resulting from or achieved through deliberate planning or specific intent2 7,b7 willfulness shall not be inferred from previous conduct2 and 7,c7 minor1 clerical1 or curable conduct is presumptively not willful4 7#da7 ,the term uncorrectable violation means any violation that1 despite best efforts1 cannot be corrected by the licensee1 including a violation in which the licensee transferred a firearm to a prohibited person4 4 7b7 ,self-,reported violations2 opportunity ,to correct violations ,section #ibc7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 after 7e72 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,the ,attorney ,general may not bring an enforcement action to revoke1 or deny a renewal of1 a license for a violation of any provision of this chapter or any implementing regulation thereof on the basis of a self-reported violation1 except in the case of a violation-- 7i7 that is not correctable after the violation occurred2 or 7ii7 in which a firearm was transferred to a person who is prohibited from possessing a firearm pursuant to any provision of this chapter or any implementing regulation thereof4 7,b7 ,in the case of a self-reported violation1 the ,attorney ,general shall-- 7i7 assist the licensee to correct the self-reported violation2 and 7ii7 provide the licensee with instructions and compliance training designed to assist the licensee in avoiding repetition of the self-reported violation in the future4 7#c7 7,a7 ,before initiating an enforcement action under this subsection1 the ,attorney ,general shall provide the licensee with actual notice of the violation giving rise to the enforcement action1 which shall include1 at a minimum-- 7i7 a detailed explanation of the substance of the violation2 7ii7 all evidence or documentation in the possession of the ,attorney ,general regarding the enforcement action2 and 7iii7 a statement that the ,attorney ,general will not initiate the enforcement action if the licensee corrects the violation by the date that is #cj business days after the date on which the licensee first receives actual notice of the violation4 7,b7 ,the ,attorney ,general may bring an enforcement action under this subsection against a licensee described in subparagraph 7,a7 if-- 7i7 #cj business days have elapsed since the date on which the licensee received the notice of the violation required under that subparagraph2 and 7ii7 the licensee has not corrected the violation4 7,c7 ,if a self-reported violation is of a nature such that it cannot be corrected within the grace period and with the assistance provided pursuant to paragraph 7#b7 or 7#c71 the ,attorney ,general may deny a licensee the opportunity to correct4 7#d7 ,the ,attorney ,general may not bring an enforcement action on the basis of any violation of any provision of this chapter or any implementing regulation thereof that has been corrected pursuant to paragraph 7#b7 or 7#c7 unless the violation involves a prohibited transfer of a firearm or another uncorrectable violation that creates a direct and acute risk of death or serious bodily injury as a result of the uncorrectable violation4 4 7c7 ,direct judicial review of license revocations ,section #ibc7;f7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking ,if and inserting ,except as provided in paragraph 7#c71 if2 and 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 7,a7 ,if after a hearing held under paragraph 7#b7 the ,attorney ,general decides not to reverse his or her decision to deny an application or revoke a license1 during the #ae-;business-day period beginning on the date on which a license holder or applicant receives a written notice of revocation or denial1 that aggrieved party may file a petition with the ,united ,states district court for the district in which the aggrieved party resides or has his or her principal place of business for a judicial review of the revocation or denial4 7,b7 ,if a license holder files a petition with a ,united ,states district court under subparagraph 7,a71 the ,attorney ,general shall stay the effective date of the revocation until the court issues a judgment4 7,c7 ,in a proceeding conducted under this paragraph1 the court may consider any evidence submitted by the parties to the proceeding1 shall review the ,attorney ,general's decision de novo1 and shall uphold any revocation decision only upon a finding1 by a preponderance of the evidence1 that the license holder willfully violated the statute under this title or any implementing regulation4 7,d7 ,if the court decides that the ,attorney ,general did not have a sufficient basis to revoke or deny a license1 the court shall order the ,attorney ,general to take such action as may be necessary to comply with the judgment of the court4 4 #c4 ,retroactive application to licenses revoked under enhanced regulatory enforcement policy 7a7 ,definition ,in this section1 the term ,enhanced ,regulatory ,enforcement ,policy means the ,enhanced ,regulatory ,enforcement ,policy of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives announced on ,june #bc1 #bjba4 7b7 ,retroactive application ,notwithstanding any provision of law1 the provisions of this ,act shall apply retroactively to any licensee whose license was revoked or denied pursuant to the ,enhanced ,regulatory ,enforcement ,policy4 7c7 ,restoration of licenses ,in the case of any licensee whose license was revoked or denied renewal pursuant to the ,enhanced ,regulatory ,enforcement ,policy1 or who surrendered the license of such licensee at the request or suggestion of an industry operations investigator of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives during the course of an inspection with respect to which an ,enhanced ,regulatory ,enforcement ,policy-type violation was cited or disclosed to the licensee1 the ,attorney ,general shall provide the licensee an opportunity to reapply for a license1 and approve such application1 provided the licensee-- 7#a7 has not been convicted of a violation that would otherwise prohibit the issuance of a license under section #ibc7;d7 of title #ah1 ,united ,states ,code2 and 7#b7 submits evidence to demonstrate compliance with the relevant regulations1 including corrective action for previously cited violations4