Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Senate Judiciary Committee to Hold<br> Hearing on S. 941 (BATFE Reform) Next Tuesday

Wednesday, September 8, 2010

On Tuesday, September 14, the U.S. Senate Judiciary Committee will hold a hearing on reforming current regulation of commerce in firearms--especially in the area of dealer licensing and oversight--by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The hearing will focus on S. 941, the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act" sponsored by Senators Mike Crapo (R-ID) and Patrick Leahy (D-VT). Congressmen Steve King (R-IA) and Zack Space (D-OH) have introduced a companion bill — H.R. 2296 — in the U.S. House and it has 240 cosponsors. The bills would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena. These bipartisan bills are a vital step to modernize and improve BATFE operations.

Of highest importance, S. 941 and H.R. 2296 totally rewrite the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Currently, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or revoke his license.

S. 941 and H.R. 2296 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 will help prevent the all-too-common situations where BATFE has revoked licenses for insignificant technical violations—such as improper use of abbreviations or filing records in the wrong order.

Among its other provisions, S. 941 and H.R. 2296 would:

·  Clarify the standard for “willful” violations—allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes.

·  Improve 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.

·  Allow a licensee a period of time to liquidate inventory when he goes out of business. During this period, all firearms sold would be subject to a background check by the National Instant Criminal Background Check System.

·  Allow a grace period for people taking over an existing firearms business to correct problems in the business’s records—so if a person inherited a family gun store (for example), the new owner couldn’t be punished for the previous owner’s recordkeeping violations.

·  Reform the procedures for consideration of federal firearms license applications. Under S. 941, denial of an application would require notification to the applicant, complete with reasons for the denial. Additionally, an applicant would be allowed to provide supplemental information and to have a hearing on the application.

·  Require BATFE to establish clear investigative guidelines.

·  Clarify the licensing requirement for gunsmiths, distinguishing between repair and other gunsmith work and manufacture of a firearm. This would stop BATFE from arguing that minor gunsmithing or refinishing activities require a manufacturers’ license.

·  Eliminate a provision of the Youth Handgun Safety Act that requires those under 18 to have written permission to use a handgun for lawful purposes (such as competitive shooting or safety training)—even when the parent or guardian is present.

·  Permanently ban creation of a centralized electronic index of out of business dealers’ records—a threat to gun owners’ privacy that Congress has barred through appropriations riders for more than a decade.

·  Allow importation and transfer of new machineguns by firearm and ammunition manufacturers for use in developing or testing firearms and ammunition, and training customers. In particular, ammunition manufacturers fulfilling government contracts need to ensure that their ammunition works reliably. S. 941 and H.R. 2296 would also provide for the transfer and possession of new machineguns by professional film and theatrical organizations.

·  Repeal the Brady Act’s “interim” waiting period provisions, which expired in 1998.

·  Give BATFE sole responsibility for receiving reports of multiple handgun sales. (Currently, dealers also have to report multiple sales to state or local agencies, a requirement that has shown little or no law enforcement value.) State and local agencies could receive these reports upon request to BATFE, but would have to comply strictly with current requirements to destroy these records after 20 days, unless the person buying the guns turns out to be prohibited from receiving firearms.

·  Restore a policy that allowed importation of barrels, frames and receivers for non-importable firearms, when they can be used as repair or replacement parts.

S. 941 represents the first time such BATFE reform legislation has been introduced in the Senate.  However, the House passed similar legislation (H.R. 5092) in the 109th Congress by a 277-131 vote.  A majority of the House--224 congressmen--cosponsored H.R. 4900 in the 110th Congress.

A fact sheet on S. 941/H.R. 2296 can be found here

As of this writing, S. 941 has 36 cosponsors, and H.R. 2296 has 240 cosponsors.

Please be sure to contact your U.S. Senators and Representative, and ask them to cosponsor and support S. 941 and H.R. 2296!  You can call your U.S. Senators at (202) 224-3121, and your U.S. Representative at (202) 225-3121.

TRENDING NOW
Anti-Gun Congresswoman Introduces Magazine Ban, Aims Slippery Slope at the Gun on Your Hip

News  

Friday, October 20, 2017

Anti-Gun Congresswoman Introduces Magazine Ban, Aims Slippery Slope at the Gun on Your Hip

We’ve been down this road before, and we know gun control doesn’t work. 

Everytown and Hollywood Launch New Campaign Against Pro-gun Legislation

News  

Friday, October 20, 2017

Everytown and Hollywood Launch New Campaign Against Pro-gun Legislation

In the wake of the still-unfolding Harvey Weinstein scandal, one might have thought that America would receive a brief reprieve from Hollywood’s ceaseless moralizing. However, on October 18, 2017, Michael Bloomberg’s Everytown for Gun Safety, ...

Anti-Gun Billionaire George Soros Pumps $18 Billion into His Political Apparatus

News  

Friday, October 20, 2017

Anti-Gun Billionaire George Soros Pumps $18 Billion into His Political Apparatus

In recent years, Soros’s anti-gun efforts have been eclipsed by those of another billionaire, former-New York City Mayor Michael Bloomberg. However, the Open Society continues to attack American gun owners.

Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

NRA Doesn’t ‘Buy’ Politicians, but Gun Controllers Do

News  

Friday, October 20, 2017

NRA Doesn’t ‘Buy’ Politicians, but Gun Controllers Do

Gun control supporters who peddle the myth about NRA money aren’t only wrong, they are ignoring team gun control’s own sordid history of buying politicians. And forget Michael Bloomberg for the moment, gun control supporters ...

Bad News For “Universal” Background Check Supporters

News  

Thursday, October 19, 2017

Bad News For “Universal” Background Check Supporters

NRATV Host Cam Edwards describes a study that shows the ineffectiveness of so-called “universal” background checks

No Sale: Marketing Tricks in Gun Control

News  

Second Amendment  

Friday, October 20, 2017

No Sale: Marketing Tricks in Gun Control

Advertising professionals know that switching to a fresh new moniker and a more contemporary or dynamic logo can revitalize a tired or humdrum brand.

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Tuesday, October 17, 2017

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Today, multiple gun control bills were released by the House Rules Committee and have been referred to the House Judiciary Committee for a hearing.

California: Governor Brown Signs Remaining Anti-Gun Bill

Sunday, October 15, 2017

California: Governor Brown Signs Remaining Anti-Gun Bill

Yesterday, Governor Brown signed Assembly Bill 424, the remaining anti-gun bill on his desk. 

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

News  

Second Amendment  

Friday, October 13, 2017

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

What happens to the 400 million or so firearms already in private hands? How does society actually benefit from his plan? Stephens doesn’t say. He apparently just trusts that things would eventually work themselves out ...

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.