Clean Hands Firearm Procurement Act
- Bill Number
- S. 2192
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-06-26: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3564)
- Last Updated
- 2025-12-05T22:06:22Z
AI-Generated Summary
Purpose
The Clean Hands Firearm Procurement Act aims to increase transparency about federally licensed firearms dealers associated with guns quickly linked to crimes and to restrict federal government contracts with such dealers. By doing so, it seeks to discourage dealings with retailers whose inventory is frequently involved in criminal activity shortly after sale.
Key Provisions
- Public List of Covered Dealers: The Attorney General, through the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), must publish or make available online a list of "covered firearms dealers" within 120 days of the bill's enactment and annually thereafter.
- Contract Prohibition: Federal agencies are barred from entering contracts with any covered dealer listed in the current year or the prior two years. This ban takes effect 180 days after enactment.
- Waiver Process: The Attorney General can waive the prohibition for contracts requested by the Secretary of Defense or Secretary of Homeland Security if needed for national security. Waivers require immediate notification to the Judiciary Committees of both the House and Senate, which can be classified.
- Definition of Covered Dealer: A "covered firearms dealer" is a licensed gun seller to whom the ATF's National Tracing Center has traced at least 25 firearms with a "time-to-crime" of 3 years or less (the period from the gun's last retail sale to its recovery in a crime) in at least 2 of the 3 years before the list's publication.
Significant Changes to Existing Law
This bill introduces new federal requirements not previously mandated:
- It creates a public reporting obligation for the ATF to identify and list high-trace dealers based on specific crime-gun metrics, building on existing ATF tracing but adding transparency and a threshold (25 traces with short time-to-crime).
- It imposes a novel contracting restriction on all federal agencies, limiting business with flagged dealers, which expands beyond current procurement rules that do not specifically target firearms sellers based on trace data.
- Standard definitions for terms like "firearm" and "licensed dealer" are drawn from existing federal law (18 U.S.C. § 921), but the bill adds unique terms like "covered firearms dealer" and "time-to-crime."
Potential Impacts
- On Government Agencies: Federal entities across executive, legislative, and judicial branches (e.g., Department of Defense, Homeland Security) may face procurement disruptions, needing to vet gun suppliers or seek waivers, potentially increasing administrative costs and limiting options for firearms-related contracts.
- On Citizens: Indirectly affects gun buyers and owners by pressuring dealers to improve sales practices to avoid listing, which could lead to stricter dealer oversight and fewer "high-risk" retail outlets; no direct impact on individual gun ownership rights.
- On International Relations: Minimal direct effects, though waivers tied to national security could influence military or law enforcement procurement involving foreign partners if U.S. dealers are restricted.
Main Stakeholders Affected
- Federal Firearms Dealers: Especially those with high short-term crime-gun traces, who risk losing federal contracts and public reputational damage from the list.
- ATF and Department of Justice: Gain responsibilities for data analysis, list publication, and waiver decisions, requiring new resources for tracing and reporting.
- Federal Agencies: Including defense and security departments, which must comply with the contract ban or pursue waivers.
- Congressional Committees: Judiciary Committees in the House and Senate receive waiver notifications, enhancing oversight.
- Law Enforcement and Public: Benefit from greater transparency on dealer-crime links, potentially aiding crime prevention efforts.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill could face challenges under due process (e.g., if dealers contest trace data accuracy without appeal mechanisms) or administrative law (e.g., arbitrary enforcement of the 25-trace threshold). Reliance on ATF tracing data assumes its reliability but does not specify verification processes.
- Constitutional: May spark debate over Second Amendment implications, as restrictions on federal dealings with certain dealers could indirectly affect the firearms market; however, it targets government procurement, not private sales.
- Political: Represents a targeted gun control measure focusing on "irresponsible" dealers rather than broad bans, likely appealing to advocates for crime reduction while drawing opposition from gun rights groups concerned about stigmatizing legitimate businesses; introduced by a bipartisan group of senators, it reflects ongoing tensions in firearms policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Sen. Durbin, Richard J. [D-IL], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Schiff, Adam B. [D-CA], Sen. Murphy, Christopher [D-CT], Sen. Warren, Elizabeth [D-MA], Sen. Kim, Andy [D-NJ], Sen. Duckworth, Tammy [D-IL]
Recent Actions
- 2025-06-26: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3564)
- 2025-06-26: Introduced in Senate
Bill Versions
- Clean Hands Firearm Procurement Act — issued 2025-06-26 — PDF (4 pages)