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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.
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Monday, April 24, 2017

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Tomorrow, a subcommittee of the Senate Judiciary Committee will hold a hearing to discuss several firearm-related bills, and subcommittee members need to hear from you.

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

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Gun Laws  

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

California: Open Carry Ban Passes in the Assembly

Friday, April 21, 2017

California: Open Carry Ban Passes in the Assembly

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Monday, April 24, 2017

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On Tuesday, April 24, the House Judiciary Committee will hold a marathon hearing on several anti-gun bills.

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Friday, April 21, 2017

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

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Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

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Friday, April 21, 2017

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

On Tuesday, Chicago Mayor Rahm Emanuel met with representatives of the UCAN organization to make the case for further gun controls to combat the city’s violent crime. Chicago’s WLS reported that Emanuel used the opportunity ...

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Tuesday, April 25, 2017

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Yesterday, Illinois Senate President John Cullerton proposed Senate Amendment 1 to his shell bill, Senate Bill 233.

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.

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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.