Second Amendment Due Process Act — Plain‑language explainer

Summary: This bill guarantees that no one loses their gun rights without a fast, fair court hearing. It sets a national due‑process floor, forces transparency, and plugs the protections directly into the Gun Control Act and National Firearms Act so agencies and states can’t cut corners.

What the bill does

• Mandatory hearing: Requires a court hearing within 14 days whenever a restriction is imposed.
• Higher proof standard: The government must prove its case by clear and convincing evidence.
• Emergency orders capped: Temporary emergency restrictions can’t exceed 14 days and must be based on a sworn affidavit showing imminent harm.
• Public transparency: Orders are posted (redacted) in a public registry, and DOJ publishes quarterly data.
• Real remedies: Restrictions imposed without due process are void; citizens can sue and recover attorney’s fees.
• Conforming amendments: Integrates these protections into the Gun Control Act and National Firearms Act; preempts weaker state procedures.

Why it matters

• Protects rights: No more secret lists, indefinite delays, or bureaucratic denials without a judge and evidence.
• Fair to all: Emergency action is allowed for real threats, but the clock starts for a fast, fair review.
• Uniform nationwide: Every American gets the same due‑process shield, no matter the state.
• Accountability: Public reporting exposes abuse and keeps agencies honest.

How it helps gun owners and public safety

• Gun owners: Clear timelines, higher proof, and a path to overturn bad orders.
• Courts and police: Clean, consistent rules that still allow urgent intervention when danger is real.
• Communities: Transparency builds trust; fairness reduces backlash and litigation chaos.

What changes legally

• Federal integration: The Gun Control Act and National Firearms Act now require due‑process compliance for any restriction.
• State preemption: States can add protections, but cannot impose firearm restrictions without the hearing, proof, and transparency required here.
• Void if violated: Any restriction that skips due process is legally unenforceable.

Quick FAQ

• Does this change who can own guns? No. It protects the process; substantive eligibility rules remain the same.
• Are emergency orders allowed? Yes, for up to 14 days with sworn evidence of imminent harm—then a prompt hearing.
• Can I see the data? Yes. Orders are posted (redacted), and DOJ reports quarterly statistics.

Bottom line: “Rights mean nothing if they can be taken without due process. My bill makes that impossible.”