Posted on 12/28/2007 10:12:51 PM PST by do the dhue
H.R. 4900: The “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007”
Representatives Steve King (R-Iowa) and Zack Space (D-Ohio), have introduced H.R. 4900 the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007.” The bill would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena. This bipartisan bill is a vital step to modernize and improve BATFE operations.
Of highest importance, H.R. 4900 totally rewrites the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Today, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or totally revoke his license.
H.R. 4900 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 prevents the all-too-common situations where BATFE has punished licensees for insignificant technical violation—such as improper use of abbreviations, or filing records in the wrong order.
Among its other provisions, H.R. 4900:
Clarifies the standard for “willful” violations—allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes.
Improves 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.
Allows a licensee a period of time to liquidate inventory when he goes out of business.
Allows a grace period for people taking over an existing firearms business to correct problems in the business’s records—so if a person inherits a family gun store (for example), the new owner couldn’t be punished for the previous owner’s recordkeeping violations.
Reforms the procedures for consideration of federal firearms license applications.
Under H.R. 4900, denial of an application will require notification to the applicant, complete with reasons for the denial.
Additionally, an applicant will be allowed to provide supplemental information and to have a hearing on the application.
Codifies limits on disclosure of firearms trace data—which Congress has already limited through a series of appropriations riders over the past three years, out of concern for gun owners’ privacy and the confidentiality of law enforcement records.
The provision would still allow law enforcement agencies full access to trace data for bona fide criminal investigations.
Requires BATFE to establish clear investigative guidelines.
Clarifies the licensing requirement for gunsmiths distinguishing between repair and other gunsmith work and manufacture of a firearm.
Prevents disclosure of information in FFL records outside of law enforcement agencies.
Focuses BATFE’s efforts on violations of firearms, explosives, arson, alcohol and tobacco laws, rather than on broader areas such as gang or drug investigations.
Eliminates 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 bans taxes or “user fees” on background checks by the federal instant check system—fees that Congress has prohibited in annual appropriations riders since 1998.
Permanently bans creation of a centralized electronic index of dealers’ records—a threat to gun owners’ privacy that Congress has barred through appropriations riders for a decade.
Allows importation and transfer of machineguns by firearm and ammunition manufacturers for use in developing or testing firearms and ammunition. In particular, ammunition manufacturers fulfilling government contracts need to ensure that their ammunition works reliably.
Allows transfer and possession of machineguns for use by federal security contractors. Additionally, H.R. 4900 provides for the transfer and possession of machineguns by professional film and theatrical organizations.
Repeals the Brady Act’s “interim” waiting period provisions, which expired in 1998.
Gives 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.)
Restores a policy that allowed importation of barrels, frames and receivers from non-importable firearms, when they can be used as repair or replacement parts.
ping
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wrong live free or die ping
How about support for ABOLISHING the BATFags altogether???
I saw a T-shirt that something like BATF should not be a Government agency, it should be a convenient store.
After the NRA’s last little escapade, i’ll check out the details for myself.
These assclowns deserve to be in unemployment lines.
Disband the B.A.T.F.
Any agency that encourages and promotes the likes of Lon (the killer)Horiuchi is a criminal organization.
One of the reasons I am disgusted by the F.B.I. is that little issue of knowingly letting an innocent man do decades for a murder they knew he didn’t do all the while protecting the true killer as he was an informant.
That is our vaunted f.b.i.
As for Horiuchi and his b.a.t.f. pals, they were doing the killing at Waco and Ruby Ridge. Him and his superiors deserve to spend the rest of their lives in prison.
I have NO respect for either agency.
Very good post by you, thanks.
Permanently bans creation of a centralized electronic index of dealers’ records—a threat to gun owners’ privacy that Congress has barred through appropriations riders for a decade
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This law should also destory any centralized index allready created like the state of ILlinois has created.
To: do the dhue
After the NRA’s last little escapade, i’ll check out the details for myself.
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And what was that?
The horse trading accompanying such a bill would be very dangerous in my opinion. The "Firearms Owners Protection Act" was turned into a machine gun ban by some very dubious legislative activities.
Instead, why doesn't one of our highly rated representatives just introduce a bill to completely repeal the 1968 GCA and the 1934 NFA? Let's not again ask for a half measures, which then get compromised. Let's try asking for the whole ball of wax from the get-go.
I would just be impressed if the get rid of the McClure-Volkmer Act of 1986.
One of the worst cases was the one on the East Coast where the FBI protected an informant by letting four other men get convicted of murder. Two of them survived and two died in prison. It wasn't so much that they four were good guys, but for the FBI to engage in that tactic was brutal and equivalent to something the KGB would do.
That’s it!!
perfect.
Asking for the entire ball of wax is probably a good idea. I understand what you are saying. By the time the Bill can go all the way through Congress, it can end up butchered. I don’t think this House Bill looks that bad, but who knows what it could look like by the time it gets through the Senate. And as someone stated earlier, I am not so sure the NRA can be trusted anymore.
While Clinton was President, we saw WACO get burned to the ground. Our fellow citizen were tried by fire and not a court of law. No matter what their guilt is or is not, they should have been tried by a court and not by fire. Keresh jogged outside of his compound and the local Sheriff said he could just wait until he went jogging and they could pick him up outside the compound to bring him in for questioning. Then there was Ruby Ridge and the storm Troopers of Elien Gonzalez. It seemed like every time you turned around Janet Reno and Bill Clinton was kicking in someone’s door.
I am not seeing this with the Bush Administration. Is it me, or are these Government Agencies under some kind of control now?
I concur.
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