April 5, 2006 - Referred to the House Committee on the Judiciary.
May 1, 2006 - Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
May 3, 2006 - The Subcommittee on Crime, Terrorism, and Homeland Security sent H.R.5092 to the full Committee. Addtionally, the number of cosponsors went from one to ten on this date.
May 19, 2006 - Twenty-six cosponsors are now listed.
June 21, 2006 - Seventy-seven cosponsors are now listed.
July 20, 2006 - One hundred and nine cosponsors are now listed.
July 26, 2006 - Judiciary Committee hearing scheduled. No work done.
September 7, 2006 - Passed out of the Judiciary Committee to the full House. One hundred and thirty-seven cosponsors are now listed.
September 25, 2006 - Thirty to forty minutes of debate. Vote postponed. One hundred and fifty-two cosponsors.
September 26, 2006 - Agreed to by the House 277-131. Motion to reconsider laid on the table Agreed to without objection.
September 27, 2006 - Received in the Senate.
September 28, 2006 - Senator Feinstein has frozen the bill.
Short version from the NRA:
First and foremost, H.R. 5092 totally revises the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Today, for most violations, BATFE can only give an FFL holder a warning, or totally revoke the license. This bill would allow fines or license suspensions for less serious violations, while allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals.
H.R. 5092 also clarifies the standard for violations-allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes. Congress thought it had fixed this problem in 1986 when it passed the Firearms Owners' Protection Act, but the government has ignored that law-and has even argued in court that the 1986 changes were "without practical significance."
The bill also improves the process by which BATFE imposes these penalties, notably by allowing FFLs to appeal BATFE penalties to a neutral administrative law judge, rather than to an employee of BATFE itself.
H.R. 5092 would change BATFE's enforcement operations in several ways, from requiring the Inspector General of the U.S. Department of Justice to review of BATFE gun show enforcement operations, to demanding that the Bureau establish clear investigative guidelines. Finally, the bill would focus BATFE's efforts on violations of firearms, explosives, arson, alcohol and tobacco laws, rather than non-jurisdictional areas.
Long version from Congressman Coble's office:
Sec. 1. This section cites the short title of the bill as the “Bureau of Alcohol, Tobacco, Firearms, and Explosives Modernization and Reform Act of 2006.”
Sec. 2. Graduated Penalties for Civil Violations By Federal Firearms Licensees. This section provides ATF with the ability to impose graduated civil penalties against persons who violate any statute or regulation in ATF’s jurisdiction. The penalties are graduated based on whether the violation is a “serious” or “non-serious” violation. A “serious” violation is defined as one that: (1) results in or could have resulted in the transfer of a firearm or ammunition to a person prohibited from possessing or receiving the firearm or ammunition under chapter 44; (2) obstructs or could have obstructed a bona fide civil or criminal investigation; or (3) prevents or could have prevented a licensee from complying with subsection (g)(7). A “non-serious” violation is one that is not covered by the definition for “serious” violation.
For a serious violation, ATF may impose a civil penalty of not more that $2500 for each violation, up to a maximum of $15,000, suspend the license for up to 90 days, or revoke the license. For a “non-serious” violation, ATF may impose a civil penalty of not more than $1000 for each violation, a maximum of $5000, and may suspend a license for not more than 30 days if the licensee has at least 2 prior violations (serious or non-serious). The violation-specific limitation is designed to operate as a cap. ATF would have discretion to set a graduated scale of penalties up to that maximum ($1000 and $2500 per non-serious and serious violation, respectively) to reflect the nature and severity of the violation, the size of the firearms business operated by the licensee, and the prior record of the licensee.
The section also bars ATF from initiating a civil enforcement action to five years from the date of the violation, except if the licensee intentionally obstructed discovery of the violation.
This section also reforms existing law on due process hearings to permit a licensee subject to an enforcement order to seek a hearing before an Administrative Law Judge and sets deadlines for the completion of such a hearing. By streamlining the hearing process, and requiring an independent Administrative Law Judge to conduct such a hearing, the intent is to expedite resolution of enforcement matters and to ensure a fair and consistent review of potential violations. Any enforcement order would be stayed pending review. The ALJ’s determination would be subject to court review as provided in existing law, and would retain the de novo standard for district court and appellate review.
Sec. 3. Consideration of Federal Firearms License Applications. This section provides procedures for preliminary consideration of license applications, and affords applicants with an opportunity to supplement the application with additional information and with the ability to request a hearing before an ALJ.
Sec. 4. Definition of Willfully. This section clarifies the definition of “willfully” when establishing the intent for a violation. The intent standard, as applied to licensees, would reflect the fact that licensees are provided with extensive education and notice of all legal and regulatory obligations. Thus, a violation of a known legal obligation would require ATF to establish that the licensee was aware of the obligation and intentionally or purposely violated such obligation.
Sec. 5. Establishment of Formal Investigative Guidelines. This section requires that ATF establish formal investigative guidelines similar to those already applicable to the Drug Enforcement Administration and the Federal Bureau of Investigation.
Sec. 6. Review by the Inspector General of the Department of Justice of the Gun Show Enforcement Program; Report. This section requires the Inspector General to conduct a review of ATF’s operations in order to assess the manner in which ATF conducts its gun show enforcement program and blanket residency checks of prospective and actual firearms purchasers. Within one year of enactment, the IG is required to submit to the House and Senate Judiciary Committees a report as to its findings in its review.
Sec. 7. Limitations on Use of Firearms Purchaser Information. This section amends section 923(g)(1)(D) of title 18, United States Code, to ensure that ATF only shares information about individuals gathered in its enforcement programs with other law enforcement agencies when such agency certifies that the agency will not disclose such information to any nongovernmental entity. The intent in this provision is to ensure that sharing of information among law enforcement agencies does not result in disclosures of private information to non-governmental entities which are not involved in law enforcement efforts. Such a prohibition would not extend to private contractors who work for law enforcement agencies (e.g. intelligence support or other law enforcement activities)
Sec. 8. Clarification of Responsibilities. This section amends ATF’s authorities to focus ATF’s enforcement efforts and resources on criminal and regulatory violations of the federal firearms, explosives, arson, alcohol, and tobacco smuggling laws. A focused mission statement for ATF is necessary to ensure that ATF continues to concentrate on violations of these statutes and regulations, and avoids expending resources on tangentially related functions, such as drug trafficking, or other federal violations within the expertise of other law enforcement agencies.
Sec. 9. Liquidation of Inventory in Federal Firearms License Expiration, Surrender or Revocation Cases. This section amends section 923 of title 18 to ensure that a person has 60 days to liquidate the firearms inventory of a business, which shall be extended for reasonable cause.
Sec. 10. Opportunity to Cure Violations after Acquisition of Firearms Business. This section amends section 923 of title 18 to provide a purchaser of a firearms business with an opportunity to cure any violations, and limits ATF’s ability to impose penalties for violations that may have existed prior to a transferee assuming control of the business.
Sec. 11. Standards for Criminal Violations of Record-Keeping Requirements. This section amends section 922(m) of title 18 to require that any criminal violation of the record-keeping requirements involve “materially” false entries, and “materially” significant entry. The punishment for such a violation is a one year misdemeanor.
Sec. 12. Effective Date. This section provides that the effective date of the Act is to be 180 days after enactment.
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