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
Democrats&#39; Exciting New Hope Adheres to Tired Old Anti-Gun Dogma

News  

Friday, January 12, 2018

Democrats' Exciting New Hope Adheres to Tired Old Anti-Gun Dogma

Democrats searching for a standard-bearer in the 2020 presidential election lit on long-time entertainment, media, and publishing figure Oprah Winfrey this week, following a speech Winfrey gave at a televised Hollywood extravaganza.

Virginia: Gun Control Tops New Governor’s Agenda

News  

Friday, January 12, 2018

Virginia: Gun Control Tops New Governor’s Agenda

This week, Virginia Governor McAuliffe and Governor-Elect Ralph Northam outlined their top priorities for the upcoming legislative session, and highlighted expanded background checks for all firearm sales and other transfers (so-called “universal” background checks) as ...

Washington: Senate Law &amp; Justice Committee to Hear Anti-Gun Bills Next Monday

Wednesday, January 10, 2018

Washington: Senate Law & Justice Committee to Hear Anti-Gun Bills Next Monday

On Monday, January 15th at 10:00AM, the Senate Law & Justice Committee is scheduled to hear multiple anti-gun bills.  Testimony will be limited during the hearing, so all NRA members and Second Amendment supporters are strongly ...

Washington: Substitute Versions of Gun Control Bills to Be Heard

Saturday, January 13, 2018

Washington: Substitute Versions of Gun Control Bills to Be Heard

Last night, anti-gun legislators introduced substitute bills for Senate Bill 5444 and Senate Bill 5463.  These substituted versions will replace the original bills that are scheduled for a public hearing on Monday, January 15th. NRA remains opposed ...

Friday, January 12, 2018

Florida Alert: League of Women Voters Off The Rails

On Thursday, January 11, 2018, the League of Women Voters’ lobbyist, Stephanie Owens of Tallahassee, was in the House Judiciary Committee meeting to oppose HB-55 on behalf of the League.        

Indiana: Gun Bills Filed

Saturday, January 13, 2018

Indiana: Gun Bills Filed

With the 2018 Indiana legislative session underway, a number of bills affecting your Second Amendment and hunting rights have been filed.

Washington: Gun Control Bill Scheduled for Vote in House Judiciary

Friday, January 12, 2018

Washington: Gun Control Bill Scheduled for Vote in House Judiciary

Next Thursday, January 18th, House Bill 1122 is scheduled for a vote in the House Judiciary Committee. Introduced by Representative Ruth Kagi (D-34) in 2017, HB 1122 received a public hearing last year and a ...

Unhappy New Year for California Gun Owners

News  

Friday, January 5, 2018

Unhappy New Year for California Gun Owners

While most of America was busy preparing to celebrate the New Year, gun owners in California were scrambling to lawfully purchase ammunition while they still could. Beginning January 1, all ammunition sales were required go ...

Colorado: Pro-Gun Legislators Renew Push to Repeal Magazine Limit

Thursday, January 11, 2018

Colorado: Pro-Gun Legislators Renew Push to Repeal Magazine Limit

Yesterday, Senator Owen Hill, and Representatives Lori Saine and Stephen Humphrey introduced Senate Bill 52, legislation that seeks to repeal the misguided 2013 law that limited the amount of ammunition a firearm magazine can hold.

You’ve Got Fail: Investigation into Online Gun Sales Backfires on Gun Controllers

News  

Friday, January 5, 2018

You’ve Got Fail: Investigation into Online Gun Sales Backfires on Gun Controllers

In yet another embarrassment for the gun control lobby, a government investigation of online gun sales designed to determine “whether private sellers would knowingly sell a firearm to an individual prohibited from possessing one” determined ...

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.