COCHRAN SUPPORTS MEASURE TO BRING FAIRNESS TO ATF OVERSIGHT
OVER GUN OWNERS & FIREARMS DEALERS
Measure Would Implement Graduated System of Penalties for Violations
WASHINGTON, D.C. – U.S. Senator Thad Cochran (R-Miss.) today announced his support of legislation intended to assure that gun owners and firearms dealers avoid severe penalties for unintended or minor infractions under federal gun laws.
Cochran has agreed to cosponsor the Bureau of Alcohol, Tobacco, Firearms and Explosives Modernization Act (S.941), which would rewrite civil penalties for violations of firearms law and how such penalties are assessed. While similar legislation has been debated in the House, S.941 is the first Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reform legislation to be offered in the Senate.
“For gun owners and dealers, the bill offers greater protection by providing greater due process. They would be given more clarity on what is expected of them and the consequences of any violations. It will allow the ATF to more accurately judge the seriousness of a violation and assess corresponding penalties,” said Cochran, a member of the Congressional Sportsman’s Caucus.
“These reforms are overdue, and I hope the House and Senate will work to enact these changes in this session of Congress,” he said.
The ATF currently handles violations by either issuing a warning or completely revoking the federal firearms license. The complete revocation of a license is often imposed for minor infractions because lesser alternatives are not available under the existing penalty structure. S.941 would provide a more graduated system of capped fines and suspensions for minor violations and reserve total license revocations for serious violations.
Among other provisions, the Senate legislation would:
- Revise the definition of “willingly” for purposes of firearms violations and standards for criminal violations related to firearms recordkeeping requirements;
- Create a mandatory warning period before a dealer license may be revoked;
- Allow 60 days for firearms businesses to liquidate inventory when their license is expired, surrendered or revoked;
- Eliminate the requirement that a minor (under age 18) must possess written permission to lawfully use a handgun if a parent or legal guardian is present at all times during such use; and,
- Allow amateur gunsmiths to offer repairs and other gunsmith work without requiring a firearms manufacturer’s license.
The measure, which has 24 Senate sponsors, was introduced by Senators Mike Crapo (R-Idaho) and Patrick Leahy (D-Vt.). It has been referred to the Senate Judiciary Committee, which Leahy chairs.
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