Firearm Due Process Protection Act
This bill expands the grounds for pursuing judicial remedies related to certain firearm transfers. Additionally, the bill establishes procedural rules applicable to actions for judicial remedies.
Current law authorizes judicial remedies for an individual who is erroneously denied a firearm (e.g., an individual is denied a firearm but the individual is eligible to receive or possess a firearm). This bill authorizes remedies for an individual who experiences an extended delay (i.e., a delay of more than 60 days) on a firearm transfer.
Additionally, the bill requires an expedited hearing on an action for judicial remedies and places the burden of proof on the respondent to show by clear and convincing evidence that the individual was ineligible to receive or possess a firearm.