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
New “Watchlist” Sends Outspoken Academics into a Tailspin

News  

Friday, December 9, 2016

New “Watchlist” Sends Outspoken Academics into a Tailspin

A new “watchlist” is ruffling feathers in the academic community, with critics calling it “Orwellian,” “grotesque,” “an assault on academic freedom,” and even “the right’s new McCarythyism.”

Gun Control Group: Interest in Guns, Music Signals Intention to Murder

News  

Friday, December 9, 2016

Gun Control Group: Interest in Guns, Music Signals Intention to Murder

Sandy Hook Promise (SHP), an activist group out of Connecticut, has created a heart-tugging “public service announcement” that it hopes will capture the public’s imagination.  

Ohio: Important Self-Defense Bill Heads to Governor Kasich!

Friday, December 9, 2016

Ohio: Important Self-Defense Bill Heads to Governor Kasich!

Early this morning, Sub. Senate Bill 199, now including original language from Sub. House Bill 48, overwhelmingly passed the House and final concurrence in the Senate, despite the efforts of misguided anti-gun groups.  The bill will ...

Ohio Concealed Carry Bill Passes Assembly with Impressive Majority

News  

Friday, December 9, 2016

Ohio Concealed Carry Bill Passes Assembly with Impressive Majority

The National Rifle Association Institute for Legislative Action (NRA-ILA) applauds the Ohio General Assembly for its overwhelming support of legislation that expands the rights of concealed carry permit holders in the Buckeye state.

Corporate Lawyers Join Activists to Restrict Gun Rights

News  

Friday, December 9, 2016

Corporate Lawyers Join Activists to Restrict Gun Rights

This week, the New York Times announced that some of the nation’s largest law firms are forming a coalition with gun control advocates to provide tens of millions of dollars of free legal services to battle the ...

The Year of the Gun: Carry Permit, Sales Figures Explode in 2016

News  

Friday, December 9, 2016

The Year of the Gun: Carry Permit, Sales Figures Explode in 2016

The number of persons in the United States with concealed carry permits has reached an all-time high of close to 15 million. John R. Lott, Jr. of the Crime Prevention Research Center explains:

Ohio: Contact your State Legislators Today in Support of Important Self-Defense Bill!

Thursday, December 8, 2016

Ohio: Contact your State Legislators Today in Support of Important Self-Defense Bill!

Today, Sub. Senate Bill 199 is expected to receive its final votes; however, anti-gun groups are actively trying to defeat this bill! It is important that you contact your state legislators TODAY and tell them that an ...

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Wednesday, November 30, 2016

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Recently the California Department of Justice Bureau of Firearms sent out a notice to California firearms dealers with information regarding the recently passed “assault weapon” legislation, SB880 and AB 1135.

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

News  

Thursday, December 1, 2016

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

Guinness World Records may refuse to acknowledge feats pertaining to the lawful exercise of right to keep and bear arms, but how about a world record for most shameless attempt to politicize tragedy? The competition would ...

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

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.