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Congressmen Introduce Pro-Gun Bill in House

U.S. Reps. Zack Space (D-Ohio) and Steve King (R-Iowa) have introduced the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007" (HR 4900), legislation which represents a major advance in protecting the rights of firearms dealers, bringing consistency to ATF enforcement actions and providing ATF with additional compliance tools long sought by the bureau.  HR 4900 is a bipartisan bill that will overhaul many of the administrative penalties for licensed firearms dealers, manufacturers and importers of firearms that currently treat simple paperwork mistakes as purposeful and willful violations of the law.  The legislation will also:

• Create a system to provide more flexibility in punishing those who violate gun sales laws.

• Graduated penalties would be put in place in lieu of FFL revocation, which the ATF currently has the authority to do even for a single minor paperwork violation. 
• Imposed fines for violations are capped and the length of any suspension is limited.
• Distinguishes between minor and serious violations --- something the law does not currently do --- while at the same time the ATF will consider the finances of the dealer along with prior record of compliance before implementing punishment.

• Establish a solid legal requirement for determining the willful violation of the law.

• A clear definition of willful is finally created.  The term '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.'
• The ATF must prove violations even minor ones are willful.

• Period of time ATF can go back to find past violations is capped at 5 yrs (now they can go back decades to fine violations).

• Offers retailers greater flexibility and rights with respect to ATF's decisions.  Decisions would be reviewed by an independent administrative law judge as opposed to an ATF official.  Penalties are delayed during administrative review and legal challenge unless ATF shows to a judge that there is clear and convincing evidence that continued operation presents an immediate and grave threat to public safety.

• Ease of restrictions on retailers’ businesses. 

• Allows dealer to liquidate inventory.
• Easier for dealers to transfer license.
• Simplifies multiple handgun sales reporting

• Permanently restricts release of trace data misused to sue industry members and place law enforcement at risk. 

• Creates specific sentencing guidelines for dangerous felons convicted of a gun offense.
  
  
• Set limitations on the availability of electronic gun owner information to protect the privacy of law-abiding citizens.
  
  
• Ban the federal background check tax.
  
  
• Allow security companies and ammunition manufacturers to purchase machineguns for product testing and international security personnel training.
  
  
• Ease the restriction on the importation of replacement parts for military-style semiautomatic rifles.

NSSF is encouraging all sportsmen, gun-owners and firearms enthusiasts to contact their congressmen immediately, urging them to support HR 4900.