Clean Hands Firearm Procurement Act
- Sponsor
- Sen. Padilla, Alex [D-CA]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 26, 2025
Bottom line
The bill aims to reduce gun violence by preventing federal agencies from contracting with firearms dealers identified as having a high number of guns quickly used in crimes.
What it actually does
This bill mandates the Attorney General to annually publish a list of "covered firearms dealers," defined as those with at least 25 firearms traced to them with a "time-to-crime" of three years or less in at least two of the preceding three years. It then prohibits federal agencies from entering into contracts with any dealer on this list for the current or two preceding calendar years, though it includes a national security waiver for the Secretaries of Defense and Homeland Security.
Proponents argue
Supporters argue this bill is a common-sense measure to combat gun trafficking and reduce the flow of crime guns by holding accountable dealers who are a significant source of such firearms. They contend that federal agencies should not financially support businesses linked to gun violence, and that transparency regarding these dealers will encourage more responsible practices within the industry.
Opponents contend
Opponents might argue that this bill unfairly targets legitimate businesses based on tracing data that does not necessarily indicate wrongdoing by the dealer, as they cannot control subsequent illegal actions by purchasers. They may also contend it could limit the government's procurement options, potentially impacting national security or law enforcement operations if a waiver is not granted.
The bill is very short and can be read and understood quickly by any interested party.
Section 2
Annual Publication of Covered Firearms Dealers List
This section mandates that the Attorney General, acting through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), must annually publish a list of "covered firearms dealers." This list must be made publicly available within 120 days of the bill's enactment and every year thereafter.
Supporters argue
Proponents argue that public transparency regarding dealers with a high number of short time-to-crime traces is crucial for accountability and to inform the public about significant sources of crime guns.
Critics contend
Opponents might argue that such a list could unfairly stigmatize dealers who operate legally, as they cannot control what happens to firearms after a legal sale, and that the data might not accurately reflect dealer culpability.
Tradeoffs
This provision balances the public's right to information and the goal of reducing gun violence against potential reputational harm to businesses based on tracing data.
Section 3(a)
Ban on Federal Contracts with Covered Dealers
This section prohibits any federal agency from entering into contracts with a licensed firearms dealer if that dealer has been identified as a "covered firearms dealer" in the current calendar year or in either of the two preceding calendar years. This effectively creates a three-year ban from federal contracting for any listed dealer.
Section 3(b)
National Security Waiver for Contract Prohibition
This provision allows the Attorney General to waive the contract prohibition for a specific contract upon request from the Secretary of Defense or the Secretary of Homeland Security. Such a waiver can only be granted to protect the national security of the United States. The Attorney General must immediately notify the Chairs and Ranking Minority Members of the House and Senate Judiciary Committees of any waiver, with the option to submit the notice in classified form.
Section 4
Key Definitions
This section defines critical terms used throughout the Act. A "covered firearms dealer" is defined as a licensed dealer with at least 25 firearms traced with a "time-to-crime" of 3 years or less, in at least two of the preceding three calendar years. "Time-to-crime" is the period between the last known retail sale and the date a law enforcement agency recovers the firearm in connection with a crime. Other terms like "Federal agency," "firearm," and "licensed dealer" refer to existing definitions in federal law.
Defines "covered firearms dealer" as a licensed dealer with at least 25 firearms traced with a time-to-crime of not more than 3 years, during not less than 2 of the 3 calendar years before the list's publication.
Section 4(1)
Why it matters:This is standard legislative practice to define terms, but the specific numerical thresholds are the operational core of the bill and could be easily overlooked despite their significance.
Case for: Supporters argue these specific thresholds provide an objective, data-driven basis for identifying dealers who are disproportionately linked to crime guns, ensuring the policy targets significant contributors to gun violence.
Case against: Critics might contend that these thresholds are arbitrary or do not adequately account for factors beyond a dealer's control, potentially leading to the unfair targeting of legitimate businesses.
Estimated impact: Directly determines which firearms dealers will be subject to public listing and federal contracting prohibitions, potentially affecting a significant segment of the industry.