S 89

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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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Sporting Firearms Access Act of 2025”.

SEC. 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.—”. <all>