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Gun Regulation hearing in the Senate just announced


sirflyguy

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Posted

I would anticipate this will be a discussion of private sales of firearms.

 

The #1 issue the antis have been pushing post Heller and McDonald is the so-called "gun show loophole" ... which is that they want to ban private sales of firearms.

 

But Congress has authority to regulate interstate commerce, and already bans private sales across state lines. What the antis want is a prohibition on private, intra-state sales.

 

Man do we need strict scrutiny as the standard.

Posted

I can't vouch for the accuracy of this information but this says the hearing is related to NRA supported action:

 

http://wherespatton....ry-hearing.html

 

 

UPDATE: FLASH! Senate Judiciary Hearing on "Firearms in Commerce?"

Despite not having a phone call returned from Senator Cardin's office (he's my junior Senator and a member of the judiciary committee), I have gotten loose confirmation that the hearing scheduled for next week is to debate S 941. This bill is known as the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009" and is co-sponsored by Chairman Leahy. Go figure.

 

The question is, why now? This bill clearly will not do anything to help stem the losses of the 'rats' seats, and certainly, if it is passed won't energize their base. Perhaps it is a poison pill to claim some "moderation" on an issue that is cross-sectional and appealing to mainstream voters? A last horrah of sorts in order to be considered American and electable entering November? It's anybody's guess, but let's not get carried away here, it is still Washington and the committee is controlled by the leftists in power.

 

More updates when I can dig them up

 

Link to NRA statement on S941

 

Other sites are reporting similarly.

 

 

EDITED color of title and bill reference in quote to make them readable.

Posted

And this:

 

http://hotair.com/ar...rnization-bill/

 

 

Judiciary Committee hearing next week on ATF modernization bill

 

posted at 2:20 pm on September 8, 2010 by Ed Morrissey

This morning, I received a number of e-mails regarding a Senate Judiciary Committee hearing scheduled for next Tuesday with the ambiguous title, "Firearms in Commerce: Assessing the Need for Reform in the Federal Regulatory Process." It gives no other description except for the date and time (September 14, 10 ET in the Dirksen Building) and the link to the eventual webcast. Those Hot Air readers who passed along their thoughts had concerns that Democrats might attempt to quietly push through a bill to limit 2nd Amendment rights before the midterm elections, a highly unlikely strategy unless Democrats want to make this election even more of a debacle than currently thought, or prepare for a lame-duck attempt that would resonate all the way through to 2012.

 

A source on Capitol Hill tells me that this hearing has nothing of the sort at issue. The hearing will explore S941, the Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act of 2009, which was passed in the House as HR2296. The bill has a slate of bipartisan sponsors in the Senate, including Judiciary chair Pat Leahy (D-VT) and author Mike Crapo (R-ID), John Cornyn (R-TX), Max Baucus (D-MT), and 33 others. The description of the bill from the legislative text shows that it mainly focuses on management of federal licenses and does so in a manner that 2nd Amendment activists will support:

 

Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act of 2009 – 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. Prohibits consideration of the amount of fines or license revocations imposed by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the retention, promotion, or transfer of such agents.

 

Revises the definition of "willfully" for purposes of firearms violations and standards for criminal violations of firearms recordkeeping requirements.

 

Requires the Attorney General to: (1) make preliminary determinations on firearms license applications and notify applicants in writing of a proposed denial; and (2) establish guidelines for ATF inspections, examinations, or investigations of possible firearms violations.

 

Permits an owner of a firearms business whose license is expired, surrendered, or revoked 60 days to liquidate inventory.

 

Allows purchasers of existing firearms businesses the right to cure firearms violations attributable to such businesses.

 

Allows the transfer, possession, and importation of machineguns for industry testing, training, and film production.

 

Eliminates the requirement of written permission for the use of a handgun for lawful purposes by a minor (under age 18) where a parent or legal guardian is present at all times during such use.

 

Prohibits the Attorney General from electronically retrieving inactive firearms licensee information by name or personal identification code.

 

Directs the Attorney General to authorize the importation of all frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes.

 

The NRA favors passage of S941 as well:

 

As we've been
for months, Senator Mike Crapo (R-Idaho) and Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) have introduced S. 941, the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009" in the U.S. Senate. Representatives Steve King (R-Iowa) and Zack Space (D-Ohio) have introduced a companion bill—H.R. 2296—in the U.S. House. The bills would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena. These bipartisan bills are a vital step to modernize and improve BATFE operations.

 

Of highest importance, S. 941and H.R. 2296 totally rewrite the system of administrative penalties for licensed dealers, manufacturers and importers of firearms.
Currently, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or revoke his license.

 

S. 941 and H.R. 2296 would allow fines or license suspensions for less serious violations, while still allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals. This will help prevent the all-too-common situations where BATFE has revoked licenses for insignificant technical violations—such as improper use of abbreviations or filing records in the wrong order.

 

In other words, it appears that the Senate may actually focus on an area of bipartisan agreement: reforming BATFE regulation so that it makes sense and is easier to enforce properly. That's a commendable impulse, and hopefully a sign that the issue of 2nd Amendment rights has been fully settled by Heller and McDonald. As long as Judiciary focuses on this task, firearms owners have nothing to fear from a full hearing on S941, except that a few gun-control advocates will obstruct this effort.

 

Posted

Fantastic! Given the second amendment advocate's current position (one of serious leverage), this discussion would be very welcome indeed.

 

Agreed - The BATF is long overdue for an overhaul and "reigning in"..

Posted

Sarah Brady just put out a hysterical press release about this senate hearing.

 

http://www.commondreams.org/newswire/2010/09/09-2

 

So, I presume things have the potential to move in our favor.

 

They issued a press release about BATFE issuing me a C&R FFL? :unsure:

Posted

Good stuff from the Brady Campaign to Prevent Gun Violence ...

 

Stop the Gun Lobby Hypocrisy!

Tell the Senate Judiciary Committee: Stop the Gun Lobby from Weakening Our Gun Laws

 

 

Dear GarandFan,

 

We hear it over and over again — the NRA says we don't need new gun laws; we only need to enforce the laws on the books. So what is the NRA doing? It's pushing for a new gun law that would weaken enforcement of current gun laws!

 

This Tuesday, September 14, the U.S. Senate Judiciary Committee will consider dangerous and misguided legislation, S. 941, that will severely weaken federal law enforcement's ability to crack down on corrupt gun dealers and to revoke the licenses of dealers who break the law.

 

Stop the hypocrisy! Please help us defeat this bill!

 

Click here to email key U.S. Senate Judiciary Committee members.

 

"Don't let the gun lobby protect corrupt dealers while undermining law enforcement."

 

If passed, S. 941 would make it nearly impossible for the Bureau of Alcohol, Tobacco and Firearms (ATF) to revoke the licenses of gun dealers who repeatedly violate the law, such as when a dealer allows hundreds of guns to "disappear" from its inventory with no record of sale.

 

And, it would allow most dealers who violate gun laws to continue selling guns for 60 days after their licenses are revoked, even if they committed willful violations of federal law. Can you believe it?

 

It is critical that we tell the U.S. Senate Judiciary Committee to oppose this dangerous bill. Thanks in advance for taking action.

 

 

Paul Helmke, President

Brady Campaign to Prevent Gun Violence

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