ATF Transparency Act

Summary

Requires the agency that handles federal firearm transfer and registration applications to provide applicants their NICS transaction number, allow an appeal process and submission of additional records, and reimburse attorney fees when an applicant prevails on appeal. Establishes a 90-calendar-day rule: if the agency does not approve or deny a transfer/registration application within 90 days, the application is treated as approved. Requires reports by the GAO and the DOJ Inspector General and a formal memorandum of understanding between ATF and the FBI on how NICS checks for firearm transfers are handled.

• Applicants denied a firearm transfer/registration based on a NICS or legal determination must be provided the NICS transaction number.
• Applicants may appeal denials through a process modeled on existing NICS appeal rules and may submit supplemental information similar to the Voluntary Appeal File.
• If an agency does not decide a transfer or making/registration application within 90 calendar days, the application is deemed approved and the transfer may proceed.
• Agencies may deny only for statutory failures and cannot deny solely because a decision took longer than 90 days.
• Successful appellants are entitled to reimbursement of reasonable and necessary attorney fees.
• GAO and the DOJ Inspector General must report on unresolved NICS queries and provide recommendations within 180 days.
• DOJ Inspector General must report on how many NICS checks for transfers the FBI ran on behalf of ATF (2014–2021) within 180 days.
• ATF and FBI directors must negotiate and sign an MOU on NICS administration for firearm transfers within 180 days.
• Definitions of "NICS" and "firearm" are included by cross-reference to existing federal law.
• Changes apply to applications filed or pending on or after enactment; no new funding is explicitly authorized.