NRA Explore
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

News  

Wednesday, August 24, 2016

NRA Statement on Governor Christie's Conditional Vetoes of Anti-Gun Bills

NRA-ILA Executive Director Chris Cox applauds New Jersey Governor Chris Christie's heroic conditional vetoes of two anti-gun bills that would further restrict the rights of firearm owners throughout the Garden State.

Massachusetts Attorney General Unilaterally Bans Thousands of Previously Legal Guns

News  

Friday, July 22, 2016

Massachusetts Attorney General Unilaterally Bans Thousands of Previously Legal Guns

On July 19, Massachusetts Attorney General Maura Healey issued an “enforcement notice” that greatly expands the Commonwealth’s definition of “assault weapon.”  AG Healey alleges that the ban’s definition of “copy” or “duplicate” “assault weapons” has been misinterpreted ...

Professor: Take Granny’s Gun

News  

Friday, August 19, 2016

Professor: Take Granny’s Gun

Gun ban advocates, knowing their goals aren’t especially popular with the American people, have in recent years tried to couch their agenda in more innocuous-sounding terms. They don’t want to ban all guns, they’ll say, they ...

Bloomberg-Backed Pennsylvania Attorney General Convicted of Perjury, Criminal Conspiracy

News  

Friday, August 19, 2016

Bloomberg-Backed Pennsylvania Attorney General Convicted of Perjury, Criminal Conspiracy

Pennsylvania Attorney General Kathleen G. Kane resigned this week after a jury found her guilty of perjury, criminal conspiracy, and several other criminal charges relating to the abuse of her position. Gun owners will take ...

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.

California: Register for the Second FREE Webinar on Recently Signed Gun Control Legislation

Tuesday, August 23, 2016

California: Register for the Second FREE Webinar on Recently Signed Gun Control Legislation

Tomorrow, August 24, 2016, at 12:00 pm, is the second of three FREE webinars hosted by NRA & CRPA’s legal team on California’s recently signed anti-firearm legislation.  Learn about how the recently signed gun laws ...

New York Times Issues Ridiculous Anti-NRA Screed

News  

Friday, August 19, 2016

New York Times Issues Ridiculous Anti-NRA Screed

At the same time establishment newspapers are openly abandoning their usual façade of impartiality in their news coverage, their editorial boards have been working overtime to elect Hillary Clinton. However, few have been doing Robby Mook and David Brock’s work for ...

The Terror Watch List And Due Process Of Law

News  

Wednesday, August 24, 2016

The Terror Watch List And Due Process Of Law

The core mission of the NRA is, of course, to protect our fundamental right to keep and bear arms. In doing so, we also fight to ensure that our firearm freedom is not restricted without ...

The Washington Post Fails Again

News  

Friday, August 19, 2016

The Washington Post Fails Again

On Monday, the Post’s “fact-checker,” Glenn Kessler, said that the NRA's new TV ad is wrong, in claiming that Clinton “doesn’t believe in your right to keep a gun at home for self-defense.”

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 -
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.