Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006

Bill: 109-hr-5092
Sponsor: Rep. Coble, Howard [R-NC-6]
Introduced: 2006-04-05 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Administrative remedies
Ammunition
Business records
Civil Rights and Liberties, Minority Issues
Commerce
Congress
Congressional reporting requirements
Criminal investigation
Delegation of powers
Department of Justice
Evidence (Law)
Exhibitions
Fines (Penalties)
Firearms
Firearms control
Government Operations and Politics
Government paperwork
Government publicity
Injunctions
Inspectors general
Judicial review
Law
Licenses
Limitation of actions
Obstruction of justice
Right of privacy
Safety measures
Terrorism
Violence

Summary:
action_date: 2006-04-05
text: 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 - Amends the firearms provisions of the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee.
 
 Requires the Attorney General to make a preliminary determination on federal firearms license applications and to notify applicants in writing of intent to deny an application. Grants applicants the right to a hearing for license denials.
 
 Directs the Attorney General to establish guidelines for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigations of firearms violations.
 
 Requires the Inspector General of the Department of Justice to review the operations of ATF relating to the gun show enforcement program and blanket residency checks of prospective and actual firearms purchasers.
 
 Limits the authority of federal agencies to disclose information on firearms purchasers.
 
 Amends the Homeland Security Act of 2002 to repeal the authority of the Attorney General to delegate to ATF responsibility for investigating violent crimes and acts of domestic terrorism.
 
 Grants a firearm licensee whose license has expired or has been suspended or revoked 60 days to liquidate inventory. 
 
Allows purchasers of existing firearms businesses the right to cure firearms violations attributable to such businesses.

action_date: 2006-09-21
text: 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 - (Sec. 2) Amends the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Limits total civil penalties to $15,000.
 
Allows the Attorney General to consider the financial ability of a licensee to pay a civil penalty and defer or suspend part or all of the penalty on a licensee whose license is suspended. 
 
Imposes a five-year limitation period for civil penalty enforcement actions.
 
Revises procedures for civil enforcement hearings before an administrative law judge.
 
(Sec. 3) Requires the Attorney General to make a preliminary determination on firearm license applications and to notify applicants in writing of a proposed denial. Allows license applicants to obtain the reasons for the denial and to request a hearing on the application. 
 
(Sec. 4) Defines the legal standard of &quot;willfully&quot; for purposes of determining violations of firearm requirements to require a showing that a person knew of a legal duty and engaged in conduct knowingly and in intentional disregard of the duty.
 
(Sec. 5) Directs the Attorney General to establish guidelines for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) inspections, examinations, or investigations of possible firearms violations. 
 
(Sec. 6) Requires the Inspector General of the Department of Justice to review and report to the House and Senate Judiciary Committees on ATF operations relating to the gun show enforcement program and blanket residency checks of prospective and actual firearms purchases.
 
(Sec. 7) Amends the federal criminal code to prohibit ATF from disclosing information on firearms purchasers other than to a court or to law enforcement officials.
 
(Sec. 8) Permits a person whose firearms license is expired, surrendered, or revoked 60 days to liquidate firearms inventory. Allows extensions of such 60-day period for reasonable cause. 
 
(Sec. 9) Requires the Attorney General to notify the transferee of a firearms business that the former owner of such business was operating in violation of firearms requirements and to not presume that the transferee is committing the violation.
 
(Sec. 10) Amends federal criminal code provisions relating to firearms record-keeping requirements to prohibit a materially false entry or an omission of a materially significant entry in a required record (currently, &quot;any false entry&quot; or the omission of an &quot;appropriate entry&quot; is prohibited). 
 


action_date: 2006-09-26
text: 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 - (Sec. 2) Amends the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Limits total civil penalties to $15,000.
 
Allows the Attorney General to consider the financial ability of a licensee to pay a civil penalty and defer or suspend part or all of the penalty on a licensee whose license is suspended. 
 
Imposes a five-year limitation period for civil penalty enforcement actions.
 
Revises procedures for civil enforcement hearings before an administrative law judge.
 
(Sec. 3) Requires the Attorney General to make a preliminary determination on firearm license applications and to notify applicants in writing of a proposed denial. Allows license applicants to obtain the reasons for the denial and to request a hearing on the application. 
 
(Sec. 4) Defines the legal standard of &quot;willfully&quot; for purposes of determining violations of firearm requirements to require a showing that a person knew of a legal duty and engaged in conduct knowingly and in intentional disregard of the duty.
 
(Sec. 5) Directs the Attorney General to establish guidelines for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) inspections, examinations, or investigations of possible firearms violations. 
 
(Sec. 6) Requires the Inspector General of the Department of Justice to review and report to the House and Senate Judiciary Committees on ATF operations relating to the gun show enforcement program and blanket residency checks of prospective and actual firearms purchases.
 
(Sec. 7) Amends the federal criminal code to prohibit ATF from disclosing information on firearms purchasers other than to a court or to law enforcement officials.
 
(Sec. 8) Permits a person whose firearms license is expired, surrendered, or revoked 60 days to liquidate firearms inventory. Allows extensions of such 60-day period for reasonable cause. 
 
(Sec. 9) Requires the Attorney General to notify the transferee of a firearms business that the former owner of such business was operating in violation of firearms requirements and to not presume that the transferee is committing the violation.
 
(Sec. 10) Amends federal criminal code provisions relating to firearms record-keeping requirements to prohibit a materially false entry or an omission of a materially significant entry in a required record (currently, &quot;any false entry&quot; or the omission of an &quot;appropriate entry&quot; is prohibited). 
 
(Sec. 11) Requires any state agency that stores or keeps explosive materials to submit a written report to the Attorney General that specifies each location at which such materials are kept or stored and the types and amounts of such materials. Makes certain federal regulations governing the storage of explosive applicable to state agencies storing explosive materials.
 



Legislative actions:
action_date: 2006-09-27
text: Received in the Senate.
action_date: 2006-09-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-09-26
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 277 - 131 (Roll no. 476). (text: CR 9/25/2006 H6953-6954)
action_date: 2006-09-26
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 277 - 131 (Roll no. 476).(text: CR 9/25/2006 H6953-6954)
action_date: 2006-09-26
text: Considered as unfinished business. (consideration: CR H7369-7370)
action_date: 2006-09-25
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2006-09-25
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5092.
action_date: 2006-09-25
text: Considered under suspension of the rules. (consideration: CR H6953-6961, H6993)
action_date: 2006-09-25
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2006-09-21
text: Placed on the Union Calendar, Calendar No. 401.
action_date: 2006-09-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-672.
action_date: 2006-09-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-672.
action_date: 2006-09-07
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2006-09-07
text: Committee Consideration and Mark-up Session Held.
action_date: 2006-05-03
text: Forwarded by Subcommittee to Full Committee by Voice Vote .
action_date: 2006-05-03
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2006-05-01
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2006-04-05
text: Referred to the House Committee on the Judiciary.
action_date: 2006-04-05
text: Introduced in House
action_date: 2006-04-05
text: Introduced in House