NRA Urging support of S.941 “BATFE Reform and Firearms Modernization Act”

S. 941, the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Reform and Firearms Modernization Act, represents NRA-ILA’s latest effort to pass legislation that will make it easier for lawful gun owners and dealers to comply with federal law and regulations, while ensuring that those who break the law are punished accordingly.  This bipartisan bill also serves as a vital step toward modernizing and improving BATFE’s overall operations.  The bill would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena.

Of highest importance, S. 941 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.

S. 941 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 violations-such as improper use of abbreviations, or filing records in the wrong order.

The Senate Judiciary Committee is holding a hearing on S. 941 on Tuesday, September 14. Currently S. 941 has 36 cosponsors and to see the current cosponsor list, click here.  For more information about S. 941, please visit: www.nraila.org/Issues/FactSheets/Read.aspx?id=251&issue=28.

Please e-mail and call Senators Specter and Casey today and urge them to cosponsor S. 941, which is a key part of our battle to protect the Second Amendment in Congress.

Senator Arlen Specter
Email: http://www.specter.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm
Phone: 202-224-4254 (DC)
Phone: 610-434-1444 (Allentown)
Phone: 814-453-3010 (Erie)
Phone: 717-782-3951 (Harrisburg)
Phone: 215-597-7200 (Philadelphia)
Phone: 412-644-3400 (Pittsburgh)
Phone: 570-346-2006 (Scranton)
Phone: 570-826-6265 (Wilkes-Barre)

Senator Bob Casey Jr.
Email: http://casey.senate.gov/contact/
Phone: 202-224-6324 (DC)
Phone: 610-782-9470 (Allentown)
Phone: 814-357-0314 (Bellefonte)
Phone: 814-874-5080 (Erie)
Phone: 717-231-7540 (Harrisburg)
Phone: 215-405-9660 (Philadelphia)
Phone: 412-803-7370 (Pittsburgh)
Phone: 570-941-0930 (Scranton)

NATIONAL RIFLE ASSOCIATION INSTITUTE FOR LEGISLATIVE ACTION

Published in: on September 9, 2010 at 8:22 pm  Comments (2)  
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Cavalry Arms owner pleads guilty!

For those unaware of Cavalry Arms. They manufactured a polymer lower for the AR platform. Providing a very lightweight lower.  They’ve been essentially under-siege by the BATFE for approximately two years.

The owner, Vincent, stated that 90% of the goverment’s original case was dismissed. The final contention is a charge that the owner knowingly sold firearms to an out-of-state resident – in California.

Most of the articles I read online provided little info and declared how such illegal sales are almost always used in crimes, etc.

The following article is one of the only ones I have read that gives any counter-point or details on the matter.

http://www.azcentral.com/community/chandler/articles/2010/02/22/20100222guns-gilbert.html

Apparently, the firearms sold to the resident of California were actually stored in Arizona with the firearms dealer.

For those unaware of the situation in California. It has become a little bit ridiculous. Massive restrictions on firearm ownership, approved firearm lists that can limit a purchase based on color, and police officers who believe they should be shooting law abiding citizens for trying to preserve their 2nd Amendment rights.

It’s quite probably that many of the firearms purchased were not on the approved California list. To give you an idea on just how restrictive this list is.  I just googled and found a link to the roster. There are only 1300 approved pistols on the list, a drop in the bucket when compared to the thousands and thousands of different models. To a collector, it’s like saying you can collect the Yankees but not Red Sox baseball cards.

Frankly, I am of the opinion that if a firearm is not allowed to be in your state. You should still have the right to own and store that property where it is legal.  But I am of a lot of opinions that California residents are getting close to justifying a lot of things.

Published in: on February 25, 2010 at 3:41 pm  Leave a Comment  
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In the News (Blogosphere)

The past several weeks have been quite busy for me. From having a newborn son, to being out-of-state for a week, to a returning home and having family down for my daughter’s two year birthday.  And many other events that just consumed a lot of my time. All of which resulted in me being a bit behind on events in the news.

While I have been posting intermittently through the past few weeks I’ve only managed to post about 1/2 of what I intended to. So here’s a few items to make up for things:

***

Pin & Weld – Snowflakes In Hell discusses that fact that the “pin and weld” option for short rifle barrels does not appear in the new ATF handbook.  For those not familiar with the pin and weld technique. Short barrelled rifles and shotguns are regulated by the BATFE. One option that had been considered acceptable in the past was to take a short barrel and  pin and weld onto it a flash suppressor.  The resulting combined length no longer being considered to fall under short barrel regulation.  If this is being changed, it poses the risk of making thousands of rifle owners “felons” awaiting conviction.

CCWs vs LEOs – Security cameras prove once again that permit holders are safer than police officers. Two permit holders get into a fender bender. No big deal. Minor damage. All is well…until the father of the man who rear ended the car in front of him gets involved.  He goes into the Lukoil store where the passengers of the front car were.  He comes in, grabs the girl (Ms. Lawless) and puts a gun in her face. (By the way, did I mention the dad is a Philly cop.) Originally, the officer claimed that Lawless assaulted her.  And she would be have probably have been convicted of that charge if not for this security video showing a thug wearing a badge.

Interesting Reads:

How free is your state?
(Seen this one before, may have even posted it – but it’s always fun to revisit!)

CNN talks about the ammo shortage
(I know, this one’s already made it’s rounds through a lot of the blogosphere. I actually saw it when it was on CNN’s homepage and meant to post it then. Sorry)

Do more guns equal more death?

Some interesting insights can be drawn from this chart.

  • U.S. population is increasing.
  • U.S. firearm ownership is increasing (faster than the population rate in fact)
  • Deaths / Population is decreasing, in fact, deaths per handgun are also dropping.
    (Thus defeating the “More guns equal more death!”)
  • States that allow legal personal carry of firearms either as “shall issue” or “free carry” has greatly increased.

Some additional causations can be implied. There is a fair drop that at first glance seems to begin when the Brady Act and AWB went into effect.  But look closely – the drop actually began before the Act went into effect. And there is absolutely zero difference when the AWB was passed.

Walls of the City (creator of the chart) hypothesizes that the drop may correspond inversely to the increase in right to carry.

I’ll wager another hypothesis, because I remember that era.  In the late 80’s and early 90’s gang crime was intense.  In the early 90’s there was a nationwide crackdown on gangs. The crackdown involved numerous large and medium cities, state and Federal law enforcement agencies.  Many of those arrested in those crackdowns faced 10 yr, and 20 yr sentences.  The first batch to be released would be the early 2000’s.  Right around when we see an increase in deaths.  However, we are still seeing a decrease in deaths per capita.

H/T  Walls of the City

Published in: on August 2, 2009 at 3:40 am  Leave a Comment  
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NRA-ILA Alert: BATFE/Federal Firearms Law Reform

S. 941: The “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009”   Senator Mike Crapo (R-Idaho) and Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) have introduced S. 941, the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009.” 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, S. 941 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.

S. 941 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 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 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 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. Supporters included 63 Democrats. A majority of the House — 224 congressmen, including 52 Democrats — cosponsored H.R. 4900 in the 110th Congress.

This bipartisan reform legislation is the culmination of BATFE abuses and problems that were highlighted in several congressional oversight hearings in 2006.

For more information go to:

Know Your Rights

BATFE Hearings Lead To Reform Bills

Time To Stop BATFE Abuses: Congress Pursues Firearm Law Reforms

Courts Clarify Standards for Dealer Violations

H.R. 4900: The “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007”   Posted: 5/1/2009 12:00:00 AM

Published in: on May 6, 2009 at 5:14 pm  Leave a Comment  
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