Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006
Latest action · Sep 27, 2006 Received in the Senate.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 5, 2006
- Passed HouseSep 26, 2006
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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 "willfully" 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, "any false entry" or the omission of an "appropriate entry" 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.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 476 | On Motion to Suspend the Rules and Pass, as Amended | Passed277–131 | Sep 26, 2006 |
Cosponsors 152
Members who signed on, in the order they did. Signatures ran from Apr 5, 2006 to Sep 20, 2006, with 1 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-VA | Robert C. "Bobby" Scott | Original | Apr 5, 2006 |
| R-UT | Chris Cannon | May 3, 2006 | |
| R-IN | Dan Burton | May 3, 2006 | |
| R-AK | Don Young | May 3, 2006 | |
| R-PA | Jim Gerlach | May 3, 2006 | |
| R-AL | Mike Rogers | May 3, 2006 | |
| D-WV | Nick J. Rahall II | May 3, 2006 | |
| R-PA | Phil English | May 3, 2006 | |
| D-VA | Rick Boucher | May 3, 2006 | |
| R-NC | Robin Hayes | May 3, 2006 | |
| R-VA | Eric Cantor | May 19, 2006 | |
| R-OK | Ernest J. Istook Jr. | May 19, 2006 | |
| D-GA | Jim Marshall | May 19, 2006 | |
| R-MN | John Kline | May 19, 2006 | |
| R-NY | John R. "Randy" Kuhl Jr. | May 19, 2006 |
Actions 18
Everything that happened, newest first.
- Sep 27, 2006Received in the Senate.
- Sep 26, 2006Considered as unfinished business. (consideration: CR H7369-7370)
- Sep 26, 2006Motion to reconsider laid on the table Agreed to without objection.
- Sep 26, 2006On 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)
- Sep 26, 2006Passed/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)
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Administrative procedure
- Administrative remedies
- Ammunition
- Business records
- Civil Rights and Liberties, Minority Issues
- Commerce
- Congress
- Congressional reporting requirements
- Crime and Law Enforcement
- 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
Text 4
Each version as it was printed, newest first.
- Sep 27, 2006Received in Senate
- Sep 26, 2006Engrossed in House
- Sep 21, 2006Reported in House
- Apr 5, 2006Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.