S. 89

119 S89 IS: Sporting Firearms Access Act of 2025
 U.S. Senate
 2025-01-14
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 89  IN THE SENATE OF THE UNITED STATES   January 14, 2025   Mr. Risch  (for himself,  Ms. Lummis ,  Mr. Cassidy ,  Mr. Scott of Florida ,  Mr. Cornyn ,  Mr. Daines ,  Mr. Wicker ,  Mr. Marshall ,  Mr. Sheehy ,  Mr. Tillis ,  Mr. Crapo ,  Mr. Budd , and  Mr. Ricketts ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To reform restrictions on the importation of firearms and ammunition.
1.
Short title
This Act may be cited as the   Sporting Firearms Access Act of 2025  .
2.
Importation of firearms and ammunition
(a)
In general
Section 925(d) of title 18, United States Code, is amended—
(1)
by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly;
(2)
by striking  The Attorney General shall authorize  and inserting the following:
(1)
In general
The Attorney General shall authorize
 ;
(3)
by striking  The Attorney General shall permit  and inserting the following:
(3)
Conditional importation
The Attorney General shall permit
 ; and
(4)
by inserting after paragraph (1), as so designated, the following:
(2)
Determination regarding importation for sporting purposes
(A)
Definition
For purposes of paragraph (1)(C), the term  generally recognized as particularly suitable for or readily adaptable to sporting purposes , with respect to a firearm or ammunition, includes a firearm or ammunition that is designed and intended by the manufacturer for such uses as hunting, recreational target shooting, organized and governed competitions, or civilian rifle match competitions.
(B)
Deadline for determination
(i)
In general
Not later than 90 days after the date on which a person attempting to import or bring in a firearm or ammunition under paragraph (1)(C) requests a determination of whether the importation or bringing in of the firearm or ammunition will be allowed under that paragraph, the Attorney General shall make the determination.
(ii)
Deemed allowance
If the Attorney General does not make a determination regarding a firearm or ammunition described in clause (i) by the date specified in that clause, the importation or bringing in of the firearm or ammunition shall be deemed to have been allowed as of that date.
(C)
Form of denial
If the Attorney General denies the importation or bringing in of a firearm or ammunition under paragraph (1)(C), the Attorney General shall—
(i)
provide the person attempting to import or bring in the firearm or ammunition with the basis for the denial, in writing; and
(ii)
post the basis for the denial on the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(D)
Denial of substantially similar firearms or ammunition prohibited
(i)
In general
The Attorney General may not deny the importation or bringing in of a firearm or ammunition under paragraph (1)(C) that is substantially similar to firearms or ammunition that are in circulation in the United States.
(ii)
Definition
The Attorney General shall define the term  substantially similar  for purposes of clause (i)—
(I)
in consultation with representatives of the firearms industry, including hunting guides, shooting magazine editors, State game commissioners, organized competitive hunting and shooting groups, law enforcement agencies or organizations, firearms industry members and trade associations, and interest and information groups; and
(II)
with reference to processes used by the Attorney General as of the date of enactment of the  Sporting Firearms Access Act of 2025  that examine the physical and technical characteristics of firearms and ammunition and the similarity of those physical and technical characteristics to the physical and technical characteristics of firearms and ammunition in circulation within the United States.
(E)
Hearing
If the Attorney General denies an application for the importation or bringing in of a firearm or ammunition under paragraph (1)(C), the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial at a location convenient to the aggrieved party.
(F)
Judicial review
(i)
In general
If, after a hearing held under subparagraph (E), the Attorney General decides not to reverse a determination to deny an application under paragraph (1)(C), the Attorney General shall give notice of that decision to the aggrieved party.
(ii)
Petition for judicial review
Not later than 60 days after the date on which notice is given under clause (i), the 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 de novo judicial review of the denial.
(iii)
Consideration of evidence
In a proceeding conducted under this subparagraph, the court may consider any evidence submitted by the parties to the proceeding whether or not the evidence was considered at the hearing held under subparagraph (E).
(iv)
Burden of proof
In a proceeding conducted under this subparagraph, the Attorney General shall have the burden of proof to establish that the firearm or ammunition is not generally recognized as particularly suitable for or readily adaptable to sporting purposes, including by establishing that the firearm or ammunition is not substantially similar to firearms or ammunition that are in circulation in the United States, as described in subparagraph (D).
(v)
Reversal of decision; attorney fees
If the court decides that the Attorney General was not authorized to deny the application, the court shall—
(I)
order the Attorney General to take such action as may be necessary to comply with the judgment of the court; and
(II)
award reasonable attorney fees to the aggrieved party.
 .
(b)
Technical and conforming amendments
(1)
Conforming amendment
Section 161A(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201a(b) ) is amended by striking  section 925(d)(3)  and inserting  section 925(d)(1)(C) .
(2)
Subsection headings
Section 925 of title 18, United States Code, is amended—
(A)
in subsection (d), by inserting after the subsection enumerator the following:
Importation relating to scientific or research purposes, competition or training, curios and museum pieces, sporting purposes, and previously removed firearms and ammunition .— ;
(B)
in subsection (e), by inserting after the subsection enumerator the following:
Importation of curios and relics by licensed importers .— ; and
(C)
in subsection (f), by inserting after the subsection enumerator the following:
Importation of undetectable firearms .— .