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I present for your consideration Sportsmen for Obama? The next presidential election will be especially important in case the Democrats retain control of the House and Senate.

 
H.R.4390 - Crackdown on Deadbeat Dealers Act of 2005 PDF Print E-mail
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Tuesday, 21 February 2006

Details

  • Sponsor - Langevin
  • Proposed - November 18, 2005
  • Congressional Record Link - HR4390
  • Amends - None.
  • Amendments - None.
  • Vote - None yet.
  • Results - No change in law.

Status

November 18, 2005 - Referred to the Judiciary Committee.

Synopsis

From the Congressional Record:

Crackdown on Deadbeat Dealers Act of 2005 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times (currently, once) during any 12-month period.
Increases penalties for: (1) knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition; or (2) making false entries in, or failing to properly maintain, required firearms records.
Authorizes the Attorney General to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices (current penalties are limited to license revocation).
Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction (currently, until the conviction becomes final).
Authorizes appropriations for the hiring and training of 500 additional inspectors for the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Analysis

This bill increases the size and power of the BATFE.

Press Release #1

FOR IMMEDIATE RELEASE
December 5, 2005

Contact: 
(401) 732-9400 

 

Langevin introduces gun dealer legislation

Brady Campaign voices support for strengthening current practice

 

(Warwick, R.I.)– Congressman Jim Langevin (D-RI) announced today that he recently introduced bipartisan legislation to stop illegal gun trafficking with 13 cosponsors, including Congressman Chris Shays (R-CT). The Crackdown on Deadbeat Dealers Act aims to increase dealer compliance in an effort to keep guns out of criminal hands.

“If passed, this bill will hold gun dealers, or Federal Firearms Licensees (FFLs), accountable when they knowingly sell guns to criminals,” said Langevin. “My single purpose for this legislation is to make our communities safer. Real protection means providing authorities with the strongest possible mechanisms to prevent unlawful purchases.”

The Crackdown on Deadbeat Gun Dealers Act of 2005 will:

  • Increase the allowable number of annual Bureau of Alcohol, Tobacco, Firearms and Explosives inspections of firearms dealers from one to three

  • Raise the maximum criminal penalty from 5 to10 years for dealers who knowingly and willfully violate the law by committing serious record-keeping offenses that can hinder tracing guns used in crimes

  • Authorize the ATF to suspend a firearms license after notice and the opportunity for a hearing for violations of the Gun Control Act of 1968

  • Permit the ATF to terminate a firearms dealer’s license upon felony conviction 

     

    "This is a great piece of legislation that would help ensure that federal law enforcement officers have the tools they need to scrutinize the worst gun dealers in America," said Sarah Brady, Chair of the Brady Campaign to Prevent Gun Violence. "I want to commend Congressman Langevin for his work on this proposal.  If passed, this bill would help us to stop the deadly flow of firearms into criminal hands."

    Americans for Gun Safety in 2004 released a study concluding that 1 percent of the nation's gun dealers sell 57 percent of the guns used in crimes.

    These study results also support the ATF’s findings in a 1998 study showing that over 50 percent of the firearms used in crimes nationwide were traced to just 1.2 percent of the nation’s gun dealers.  By conducting crime gun traces, the ATF can analyze why such a large number of firearms from this small proportion of dealers are used illegally and develop investigative strategies to stop trafficking.

  •  

    Press Release #2:

    FOR IMMEDIATE RELEASE
    January 13, 2004
    Contact:  Michael K. Guilfoyle
    (401) 732-9400 
     
    LANGEVIN LEGISLATION CRACKS DOWN ON DEADBEAT
    GUN DEALERS

    Increased Inspections, Accountability Would Complement Existing
    Tools to Curb Violent Crime

     

    (Washington, D.C.)–To ensure that licensed gun dealers are complying with the law and to prevent further violations by delinquent dealers, Congressman Jim Langevin has re-introduced the Crackdown on Deadbeat Gun Dealers Act, which would increase the number of annual inspections for licensed dealers and raise the maximum criminal penalty for licensees who knowingly and willfully violate the law by committing serious record-keeping offenses.

    Today, the Americans for Gun Safety Foundation released a study showing that 120 gun dealers located in 22 states supplied nearly 15% of guns recovered in crime between 1996 and 2000.  This report verifies earlier statistics provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Langevin’s legislation, developed with the input of ATF, would improve compliance rates by gun dealers through increased inspections and higher accountability.

    “We need to ensure that law enforcement has the strongest possible tools to prevent unlawful firearms purchases,” said Congressman Langevin.  “By conducting crime gun traces, the ATF can analyze why such a large number of firearms from this small proportion of dealers are used illegally and develop innovative strategies to address this problem.  The accuracy of a dealer’s inventory is critical to the ATF’s ability to trace crime guns.  However, since 1986, criminal penalties for most dealer record-keeping violations have been reduced from felonies to misdemeanors."

    The Crackdown on Deadbeat Gun Dealers Act would increase the permitted number of ATF inspections of firearms dealers from one to three per year; raise the maximum criminal penalty from 5 to 10 years for dealers who knowingly violate the law by committing serious record-keeping offenses that can hinder tracing crime guns; and authorize the ATF to suspend a firearms license after notice and the opportunity for a hearing for violations of the Gun Control Act of 1968.

    Through traces of guns used in crimes, ATF found that a large number of firearms from a small proportion of dealers are used illegally and has been working to develop investigative strategies to address this growing problem.

    Langevin, a victim of an accidental shooting that left him a C-5/6 quadriplegic, has also introduced the Accidental Shooting Prevention Act.  This legislation requires gun manufacturers to include chamber load indicators and magazine disconnect mechanisms on all firearms with removable magazines manufactured after 2005.  A chamber load indicator alerts a gun handler when a bullet is in the chamber, while a magazine-disconnect mechanism prevents a gun from being fired when its ammunition magazine is removed, even if there is a round in the chamber.

     At the age of sixteen, Congressman Langevin was left paralyzed when a police officer’s gun accidentally discharged and severed his spine.  Had the gun involved in Langevin’s accident been equipped with a chamber load indicator, the officer would have known the firearm was loaded and the accident could have been avoided.

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