(Updated September 25, 2006)

H.R. 5092
Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 

Floor Situation

The House is scheduled to consider H.R. 5092, under suspension of the rules, on Monday, September 25, 2006.  It is debatable for 40 minutes, may not be amended, and requires a two-thirds majority vote for passage.

Summary

H.R. 5092 amends the firearms provisions of the federal criminal code to reforms and modernizes the Bureau of Alcohol, Tobacco, Firearms and Explosives' (`BATFE') enforcement authority. Reform measures include: authorization of graduated penalties and civil penalties (e.g. fines and suspensions), creation of independent administrative law judges to hear enforcement cases,a clarification on the definition of the requisite state of mind for civil violations, the establishment of investigative guidelines,) request that the Department of Justice Inspector General investigate BATFE's gun show enforcement practices, and clarification of several enforcement regulations.

Section 2 of H.R. 5092 establishes a graduated penalty system under 18 U.S.C. Sec. 923, which includes civil penalties, based on the degree of risk of harm that the FFL's violation poses to others. This bill provides the BATFE with graduated sanctions so that FFLs will face a full range of possible sanctions, including civil penalties, suspensions and the ultimate penalty, revocation of their licenses. Any sanction is based on whether the violation is `serious,' those that pose a risk to the public, or are `minor violations,' those that do not pose a risk of harm to the public. The bill also sets penalty caps: $5,000 for minor violations, and $15,000 for serious violations. Further, repeat offenders who commit minor violations can eventually have their license revoked. Serious violations will also result in revocation.

Section 2 of the bill sets out a five year statute of limitations for enforcement of violations, but extends that period if a licensee obstructs discovery of the violation. If the licensee has not violated the law for five years, there is no need to subject the licensee to enforcement action. The Federal criminal code imposes a five year statute of limitations for criminal offenses and the tax code imposes a three year statute of limitation for felonies and six years set for serious felonies, all from the date of occurrence of the violation.

H.R. 5092 also establishes: a system of neutral administrative law judges to review the licensing and enforcement decisions of the BATFE, investigative guidelines similar to those which apply to the Federal Bureau of Investigation and Drug Enforcement Agency, a clear definition of the requisite intent for civil violations to ensure that BATF properly focuses on licensees who intentionally violate known legal requirements, and a new procedure for enforcement actions which enhances due process rights and expedites enforcement actions.

Legislative History

H.R. 5092 was introduced by Rep. Coble (NC) on April 5, 2006. The bill was ordered to be reported from the Judiciary Committee, by voice vote, on September 7, 2006. House Report 109-672 was filed on September 21, 2006. 

For additional information or questions, please contact the Judiciary Committee at 5-3951.