Alphecca

Di-Fi Blocks HR 5092

You'll be shocked -- Shocked -- to learn that Sen. Dianne Feinstein is standing in the way of a bill to modernize the ATF. From the Oakland Tribune:

U.S. Sen. Dianne Feinstein has frozen a bill that she says would gut federal agents' ability to shut down or severely penalize reckless gun dealers.

"This legislation would make it difficult, if not impossible, for the ATF to penalize gun dealers who have broken the law, and to prevent rogue dealers from continuing to sell guns," said Feinstein, D-Calif., in announcing the Senate hold she'd placed on HR 5092. "I cannot consent to allowing such a bill to pass through the Senate without any opportunity to debate the merits or offer amendments."

Feinstein noted that the Federal Law Enforcement Officers Association wrote to Congress on Sept. 25 urging them to oppose the bill, noting it "would have a devastating effect on the ability of law enforcement to stem the flow of firearms from lawbreaking gun dealers to violent criminals."

Any senator can place a "hold" on a bill to keep it from being offered on the floor without 60 senators' approval.

(ii) if the violation is of a serious nature--

`(I) 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;

`(II) suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;

`(III) revoke the license; or

`(IV) take the actions described in subclauses (I) and (II), or subclauses (I) and (III).

`(B)(i)(I) In determining the amount of a civil money penalty to impose under subparagraph (A) 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.

`(II) On request of the licensee, the Attorney General may consider the ability of the licensee to pay a civil money penalty, and may allow the licensee to submit documents and information to establish the ability of the licensee to pay. The Attorney General shall not make part of any public record any document or information so submitted, and shall return to the licensee any such document or information.

`(III) The total amount of penalties imposed on a licensee under subparagraph (A) 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.

`(ii) For purposes of subparagraph (A), violation of a provision of this chapter with respect to 2 or more firearms during a single transaction shall be considered a single violation of the provision.

`(iii) The Attorney General may defer, or suspend, in whole or in part, the imposition of a civil money penalty on a licensee whose license is suspended under this paragraph.

`(C) For purposes of subparagraph (A):

`(i) A violation of this chapter shall be considered to be of a serious nature if the violation--

`(I) 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 State or local law;

`(II) obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter; or

`(III) prevents or could have prevented a licensee from complying with subsection (a)(7), (a)(8), (b)(1), (b)(3), (b)(4), (j), (k), (o), or (p) of section 922, subsection (g)(7) of this section, or subsection (b) or (h) of section 924.

I'd say that's hardly "gutting the ability" of, and a "devastating effect on" the ATF to punish bad gun dealers as Di-Fi describes it. All this part of the bill really says is that the ATF can take a dealer's prior record into account when deciding on a penalty. Last I heard, that's something judges in courthouses around the country do all the time when dealing with criminals...

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