Take Action! House Passes H.R. 5092, the BATFE Modernization and Reform Act

• What does the bill do? H.R. 5092 would: weaken FFL recordkeeping requirements; give many irresponsible gun dealers whose licenses have been revoked 60 days to sell inventory; and tilt license revocation procedures in favor of irresponsible dealers, rather than the ATF.

  • Relaxed recordkeeping requirements: Irresponsible dealers could not be penalized for lies and misstatements in ATF paperwork that were not deemed "material," nor for failure to take proper care of their records.
  • 60 day going out of business sale: H.R. 5092 loosens current regulations by saying that even if ATF revoked a license, in most circumstances the licensee would have at least 60 days to sell off its remaining inventory. Current law offers no such loophole.
  • Complicates license revocation procedures: ATF would have to give a preview of its evidence to a dealer before revoking its license; but the dealer would not have to give ATF a preview of its defense.
  • Creates a high evidentiary standard: In a revocation proceeding, the bill would require ATF to prove that a dealer know the specific law he was breaking, a higher standard than is normally required in any civil or criminal case.
    
    

• What is the status of the bill? On September 26, 2006, the House of Representatives passed H.R. 5092. The bill is expected to be considered by the Senate.

• Who opposes the bill? The bill is opposed by law enforcement groups, including the International Brotherhood of Police Officers, Major Cities Chiefs, and International Association of Chiefs of Police.

• What can mayors do? Coalition members who want to oppose this legislation can call or write letters to their Senators, as well as to members of the Senate Judiciary Committee, to tell them how they feel about H.R. 5092. Download a sample letter.