Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

H.R. 5092: The "Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Modernization and Reform Act of 2006"

Monday, April 25, 2005

The leaders of the House Judiciary Committee`s Subcommittee on Crime, Terrorism and Homeland Security--Reps. Howard Coble (R-N.C.) and Bobby Scott (D-Va.) have joined forces to introduce H.R. 5092, the "Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Modernization and Reform Act of 2006." This bipartisan bill is a critical first step toward reforming BATFE.

Most importantly, H.R. 5092 totally rewrites the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Today, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or totally revoke his license.

H.R. 5092 would allow fines or license suspensions for less serious violations, while still allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals. This prevents the all-too-common situations where BATFE has punished licensees for insignificant technical violations, such as improper use of abbreviations, or filing records in the wrong order.

Among its other provisions, H.R. 5092:

  • Clarifies the standard for "willful" violations--allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes.
  • Improves the process for imposing penalties, notably by allowing FFLs to appeal BATFE penalties to a neutral administrative law judge, rather than to an employee of BATFE itself.
  • Allows a licensee a period of time to liquidate inventory when he goes out of business.
  • Allows a grace period for people taking over an existing firearms business to correct problems in the business`s records--so if a person inherits a family gun store (for example), the new owner couldn`t be punished for the previous owner`s recordkeeping violations.
  • Requires a Department of Justice review of BATFE`s gun show enforcement operations.
  • Requires BATFE to establish clear investigative guidelines.
  • Prevents disclosure of information in FFL records outside of law enforcement agencies.
  • Focuses BATFE`s efforts on violations of firearms, explosives, arson, alcohol and tobacco laws, rather than on broader areas such as gang or drug investigations.
TRENDING NOW
“[A]ll We Need You to Do is Give us the Gun”: U.K. Launches National Firearm Surrender Campaign

News  

Monday, May 23, 2022

“[A]ll We Need You to Do is Give us the Gun”: U.K. Launches National Firearm Surrender Campaign

On March 12, a two-week campaign was launched in the United Kingdom to encourage subjects of Her Majesty the Queen to surrender firearms, ammunition, weapons, and any other object even vaguely reminiscent of a gun ...

Choke Point “Lite”

News  

Monday, May 23, 2022

Choke Point “Lite”

Ten years ago, the Obama Administration introduced “Operation Choke Point,” a program to weaponize the banking industry and financial service providers against certain lawful businesses and merchants. Implemented by Eric Holder’s Department of Justice and ...

ATF Partners with Anti-gun Researchers to Expand Agency’s Power

News  

Monday, May 23, 2022

ATF Partners with Anti-gun Researchers to Expand Agency’s Power

On May 17, the Department of Justice announced the release of a Bureau of Alcohol, Tobacco, Firearms and Explosives publication titled the National Firearms in Commerce and Trafficking Assessment (NFCTA). The report is the result of the ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Wednesday, May 18, 2022

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Tomorrow at 10:00 a.m., the Senate Law & Public Safety Committee is scheduled to consider S.513, legislation which would create a rebuttable presumption of no bail for gun offenses.

California: Anti-Gun Bills Eligible for Floor Votes

Saturday, May 21, 2022

California: Anti-Gun Bills Eligible for Floor Votes

On Thursday, both the Assembly and Senate Appropriations Committees took up their suspense files prior to the fiscal deadline, passing a number of anti-gun bills and one pro-hunting bill. These bills will now be eligible ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

Friday, May 20, 2022

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

At midnight on Wednesday, the Alaska Legislature adjourned from its 2022 Legislative Session. 

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.