HB 19-6: ATF Off Act (Passed)

[YE]

ATF OFF ACT

House Bill
to make sensible firearm related amendments

SECTION I: NAME
a. This act shall be called the ATF Off Act.

SECTION II: CIVIL PENALTIES FOR VIOLATIONS BY FFL HOLDERS
a. 18 USC 923 is hereby amended by inserting the following:

e. If the Attorney General determines that a federal firearms licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may:
   1. if the violation is of a minor nature
      A. Impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or
      B. suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or
   2. if the violation is of a serious nature
      A. Impose on the licensee a civil money penalty of not more than $2,500 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for a violations arising from a single inspection or examination shall not exceed $15,000;
      B. Suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;
      C. Revoke the license;
b. In determining the amount of a civil money penalty to impose herein on a licensee, the nature and severity of the violation involved, the size of the firearms business operated by the licensee, and the prior record of the licensee shall be considered.
c. The total amount of penalties imposed on a licensee with respect to violations of a minor nature and of a serious nature arising from a single inspection or examination shall not exceed $15,000.
d. If 2 or more firearms were transferred during a single transaction that shall be considered a single violation of the provision.
e. On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety.
f. If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General:
   1. shall notify the transferee of the violation by the transferor; and
   2. shall not presume that the transferee is committing the violation.

SECTION III: DEFINITIONS
a. A violation of this chapter shall be considered to be of a serious nature if the violation:
   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 this chapter or under Regional, State or local law;
   2. obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter
b. A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature.
c. Willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.
d. False entry shall mean materially false entry
e. Appropriate entry shall mean a materially significant entry
f. Properly maintain shall mean retain custody of.

SECTION IV: EQUAL RIGHTS
a. The prohibition on FFL holders selling a handgun to persons under the age of 21 shall be lowered to 19. 18 U.S.C. 922(b) shall be amended accordingly.

SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.

Sponsor: fhtagn
24 hours to advocate

[Mr. Reactionary]

Furthers the goals of criminal reform by reducing paperwork violations to civil penalties that don't deprive persons of their livelihood and protects the constitutional rights of adult citizens.

[fhtagn]

Mr. R got to it before I did.

Also just noting for the purpose of the thread subject, it's ATF Off. Not ATCF Off.

[fhtagn]

Bumping this in hopes that there might be some other reps who see this and have anything they'd like to address.

[Coastal Elitist]

seems reasonable

[Dr. MB]

Introducing an amendment:

ATF OFF ACT

House Bill
to make sensible firearm related amendments

SECTION I: NAME
a. This act shall be called the ATF Off Act.

SECTION II: CIVIL PENALTIES FOR VIOLATIONS BY FFL HOLDERS
a. 18 USC 923 is hereby amended by inserting the following:

e. If the Attorney General determines that a federal firearms licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may:
   1. if the violation is of a minor nature
      A. Impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or
      B. suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or
   2. if the violation is of a serious nature
      A. Impose on the licensee a civil money penalty of not more than $2,500 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for a violations arising from a single inspection or examination shall not exceed $15,000;
      B. Suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;
      C. Revoke the license;
b. In determining the amount of a civil money penalty to impose herein on a licensee, the nature and severity of the violation involved, the size of the firearms business operated by the licensee, and the prior record of the licensee shall be considered.
c. The total amount of penalties imposed on a licensee with respect to violations of a minor nature and of a serious nature arising from a single inspection or examination shall not exceed $15,000.
d. If 2 or more firearms were transferred during a single transaction that shall be considered a single violation of the provision.
e. On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety.
f. If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General:
   1. shall notify the transferee of the violation by the transferor; and
   2. shall not presume that the transferee is committing the violation.

SECTION III: DEFINITIONS
a. A violation of this chapter shall be considered to be of a serious nature if the violation:
   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 this chapter or under Regional, State or local law;
   2. obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter
b. A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature.
c. Willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.
d. False entry shall mean materially false entry
e. Appropriate entry shall mean a materially significant entry
f. Properly maintain shall mean retain custody of.

SECTION IV: EQUAL RIGHTS
a. The prohibition on FFL holders selling a handgun to persons under the age of 21 shall be lowered to 19 18. 18 U.S.C. 922(b) shall be amended accordingly.

SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.

[fhtagn]

Amendment is friendly.

[YE]

24 (now 3) hours to object to amendment.

[fhtagn]

Pretty sure the time has passed for the amendment to be adopted but since it hasn't officially been said yet, once it is, I'll go ahead and motion for a final vote if that's fine.

[YE]

Yeah I missed this when going through everything.

Amendment is adopted. 24 (now 10) hours to object to a final vote.

[YE]

A final vote is now open.

[fhtagn]

Aye

[YE]

Aye

[Dr. MB]

Aye

[alancia]

Aye

[lfromnj]

Aye a good common sense law

[Coastal Elitist]

Aye

[JGibson]

AYE

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Aye

[fhtagn]

*does a little dance to move this to the top again*

[YE]

Passes 8-0.

[YE]

ATF OFF ACT

House Bill
to make sensible firearm related amendments

SECTION I: NAME
a. This act shall be called the ATF Off Act.

SECTION II: CIVIL PENALTIES FOR VIOLATIONS BY FFL HOLDERS
a. 18 USC 923 is hereby amended by inserting the following:

e. If the Attorney General determines that a federal firearms licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may:
   1. if the violation is of a minor nature
      A. Impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or
      B. suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or
   2. if the violation is of a serious nature
      A. Impose on the licensee a civil money penalty of not more than $2,500 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for a violations arising from a single inspection or examination shall not exceed $15,000;
      B. Suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;
      C. Revoke the license;
b. In determining the amount of a civil money penalty to impose herein on a licensee, the nature and severity of the violation involved, the size of the firearms business operated by the licensee, and the prior record of the licensee shall be considered.
c. The total amount of penalties imposed on a licensee with respect to violations of a minor nature and of a serious nature arising from a single inspection or examination shall not exceed $15,000.
d. If 2 or more firearms were transferred during a single transaction that shall be considered a single violation of the provision.
e. On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety.
f. If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General:
   1. shall notify the transferee of the violation by the transferor; and
   2. shall not presume that the transferee is committing the violation.

SECTION III: DEFINITIONS
a. A violation of this chapter shall be considered to be of a serious nature if the violation:
   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 this chapter or under Regional, State or local law;
   2. obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter
b. A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature.
c. Willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.
d. False entry shall mean materially false entry
e. Appropriate entry shall mean a materially significant entry
f. Properly maintain shall mean retain custody of.

SECTION IV: EQUAL RIGHTS
a. The prohibition on FFL holders selling a handgun to persons under the age of 21 shall be lowered to 18. 18 U.S.C. 922(b) shall be amended accordingly.

SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.

House of Representatives
Passed in the House of Representatives 8-0-0-1

X YE

[Dr. MB]

ATF OFF ACT

House Bill
to make sensible firearm related amendments

SECTION I: NAME
a. This act shall be called the ATF Off Act.

SECTION II: CIVIL PENALTIES FOR VIOLATIONS BY FFL HOLDERS
a. 18 USC 923 is hereby amended by inserting the following:

e. If the Attorney General determines that a federal firearms licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may:
   1. if the violation is of a minor nature
      A. Impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or
      B. suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or
   2. if the violation is of a serious nature
      A. Impose on the licensee a civil money penalty of not more than $2,500 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for a violations arising from a single inspection or examination shall not exceed $15,000;
      B. Suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;
      C. Revoke the license;
b. In determining the amount of a civil money penalty to impose herein on a licensee, the nature and severity of the violation involved, the size of the firearms business operated by the licensee, and the prior record of the licensee shall be considered.
c. The total amount of penalties imposed on a licensee with respect to violations of a minor nature and of a serious nature arising from a single inspection or examination shall not exceed $15,000.
d. If 2 or more firearms were transferred during a single transaction that shall be considered a single violation of the provision.
e. On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety.
f. If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General:
   1. shall notify the transferee of the violation by the transferor; and
   2. shall not presume that the transferee is committing the violation.

SECTION III: DEFINITIONS
a. A violation of this chapter shall be considered to be of a serious nature if the violation:
   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 this chapter or under Regional, State or local law;
   2. obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter
b. A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature.
c. Willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.
d. False entry shall mean materially false entry
e. Appropriate entry shall mean a materially significant entry
f. Properly maintain shall mean retain custody of.

SECTION IV: EQUAL RIGHTS
a. The prohibition on FFL holders selling a handgun to persons under the age of 21 shall be lowered to 19. 18 U.S.C. 922(b) shall be amended accordingly.

SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.

House of Representatives
Passed in the House of Representatives 8-0-0-1

X YE

Uh, I introduced an amendment that changed 19 to 18 in section IV.