SB 108-21: ATF Off Act (Override Vote)
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  SB 108-21: ATF Off Act (Override Vote)
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Author Topic: SB 108-21: ATF Off Act (Override Vote)  (Read 1552 times)
WD
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« on: April 12, 2022, 04:29:22 PM »
« edited: May 11, 2022, 01:31:20 PM by Southern Senator North Carolina Yankee »

Quote
ATF OFF ACT

Senate Bill
to make sensible criminal justice reforms

Quote
SECTION I: NAME
a. This act shall be called the ATF Off Act.

SECTION II: CIVIL PENALTIES FOR VIOLATIONS BY FFL HOLDERS
a. 18 USC 923 is hereby amended by inserting the following:
Quote
e. If the Attorney General determines that a federal firearms licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may:
   1. if the violation is of a minor nature
      A. Impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or
      B. suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or
   2. if the violation is of a serious nature
      A. 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;
      B. Suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;
      C. Revoke the license;
b. In determining the amount of a civil money penalty to impose herein 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.
c. The total amount of penalties imposed on a licensee 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.
d. If 2 or more firearms were transferred during a single transaction that shall be considered a single violation of the provision.
e. On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety.
f. If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General:
   1. shall notify the transferee of the violation by the transferor; and
   2. shall not presume that the transferee is committing the violation.

SECTION III: DEFINITIONS
a. A violation of this chapter shall be considered to be of a serious nature if the violation:
   1. 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 Regional, State or local law;
   2. obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter
b. A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature.
c. Willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.
d. False entry shall mean materially false entry
e. Appropriate entry shall mean a materially significant entry
f. Properly maintain shall mean retain custody of.

SECTION IV: EQUAL RIGHTS AND EQUAL TREATMENT
a. The prohibition on FFL holders selling a handgun to persons under the age of 21 shall be lowered to 19. 18 U.S.C. 922(b) shall be amended accordingly.
b. The Let Them Do Their Job Act is hereby repealed.
c. The National Firearms Act (NFA) 26 USC §5801 - 5872, the Gun Control Act of 1968 (GCA) 18 USC §921 - 931, and the Brady Handgun Violence Prevention Act (Brady Act) 18 USC §921 - 922, are hereby repealed.

SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.
Sponsor: Mr. R

The gentleman from Virginia is recognized
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S019
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« Reply #1 on: April 12, 2022, 04:44:58 PM »

Lmao, you really think we can’t read that last section don’t you.


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Mr. Reactionary
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« Reply #2 on: April 12, 2022, 04:58:41 PM »

In furtherance of criminal reform and civil rights, this bill does the following:

Section II and III (which is based on a real life bill) reclassifies certain non-serious paperwork violations enforced by ATF to civil penalties, since I think we can all agree the stigma of being a criminal shouldnt be applied over something as simple as writing "Y" instead of "Yes" on a federal form. Revocation of FFLs remains as a penalty as well.

Section IV A ends the federal statutory age restriction on minors being able to buy normal weapons.

Section IV B ends federal funding of anti civil rights research by the CDC (centers for DISEASE Control) that perplexingly was told to research guns despite them not being a disease. CDC should focus on diseases like Covid.

Section IV C repeals a lot of the existing federal laws enforced by ATF with the hopeful elimination of ATF after, provided all its functions cease.

Section V is a 6 month delay before it takes effect.
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Deep Dixieland Senator, Muad'dib (OSR MSR)
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« Reply #3 on: April 12, 2022, 08:11:42 PM »

Lmao, you really think we can’t read that last section don’t you.


Quote from: The Last Section
SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.

Wow how terrible Wink
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Dr. MB
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« Reply #4 on: April 13, 2022, 01:39:30 PM »

I’m in support! It’s time to weaken the feds’ grip on power.
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Joseph Cao
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« Reply #5 on: April 17, 2022, 01:08:19 AM »

Motion for a final vote.
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WD
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« Reply #6 on: April 17, 2022, 01:12:42 AM »

Opening a final vote in 24 hours
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Joseph Cao
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« Reply #7 on: April 25, 2022, 10:54:46 PM »

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S019
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« Reply #8 on: April 25, 2022, 10:55:25 PM »


objection
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WD
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« Reply #9 on: April 25, 2022, 11:12:50 PM »

A vote on cloture is now open. Please vote Aye, Nay, or Abstain.
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Joseph Cao
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« Reply #10 on: April 25, 2022, 11:28:08 PM »

Aye.
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Saint Milei
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« Reply #11 on: April 25, 2022, 11:32:43 PM »

aye
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Dr. MB
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« Reply #12 on: April 26, 2022, 02:18:05 AM »

Aye
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Southern Senator North Carolina Yankee
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« Reply #13 on: April 26, 2022, 04:19:53 AM »

Aye
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West_Midlander
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« Reply #14 on: April 26, 2022, 05:16:03 AM »

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Deep Dixieland Senator, Muad'dib (OSR MSR)
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« Reply #15 on: April 26, 2022, 05:19:32 AM »

Aye
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beesley
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« Reply #16 on: April 26, 2022, 06:04:08 AM »

Aye
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Mr. Reactionary
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« Reply #17 on: April 26, 2022, 07:21:18 AM »

Aye
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Deep Dixieland Senator, Muad'dib (OSR MSR)
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« Reply #18 on: May 01, 2022, 06:19:00 AM »

There are eight votes in-favour and zero against cloture and the vote has been open for over 4 days.
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Kuumo
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« Reply #19 on: May 01, 2022, 02:58:16 PM »

Aye
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Joseph Cao
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« Reply #20 on: May 02, 2022, 01:18:27 AM »

By a vote of 9-0-0-9, cloture is invoked.

A final vote is now open on the following legislation:

Quote from: Final Text
ATF OFF ACT

Senate Bill
to make sensible criminal justice reforms

Quote
SECTION I: NAME
a. This act shall be called the ATF Off Act.

SECTION II: CIVIL PENALTIES FOR VIOLATIONS BY FFL HOLDERS
a. 18 USC 923 is hereby amended by inserting the following:
Quote
e. If the Attorney General determines that a federal firearms licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may:
   1. if the violation is of a minor nature
      A. Impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or
      B. suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or
   2. if the violation is of a serious nature
      A. 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;
      B. Suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated;
      C. Revoke the license;
b. In determining the amount of a civil money penalty to impose herein 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.
c. The total amount of penalties imposed on a licensee 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.
d. If 2 or more firearms were transferred during a single transaction that shall be considered a single violation of the provision.
e. On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety.
f. If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General:
   1. shall notify the transferee of the violation by the transferor; and
   2. shall not presume that the transferee is committing the violation.

SECTION III: DEFINITIONS
a. A violation of this chapter shall be considered to be of a serious nature if the violation:
   1. 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 Regional, State or local law;
   2. obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter
b. A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature.
c. Willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.
d. False entry shall mean materially false entry
e. Appropriate entry shall mean a materially significant entry
f. Properly maintain shall mean retain custody of.

SECTION IV: EQUAL RIGHTS AND EQUAL TREATMENT
a. The prohibition on FFL holders selling a handgun to persons under the age of 21 shall be lowered to 19. 18 U.S.C. 922(b) shall be amended accordingly.
b. The Let Them Do Their Job Act is hereby repealed.
c. The National Firearms Act (NFA) 26 USC §5801 - 5872, the Gun Control Act of 1968 (GCA) 18 USC §921 - 931, and the Brady Handgun Violence Prevention Act (Brady Act) 18 USC §921 - 922, are hereby repealed.

SECTION V: TIME
a. This Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act.

Senators have 96 hours to vote. Please vote Aye, Nay, or Abstain.
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Dr. MB
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« Reply #21 on: May 02, 2022, 01:31:41 AM »

Aye
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WD
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« Reply #22 on: May 02, 2022, 01:59:10 AM »

Aye
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If my soul was made of stone
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« Reply #23 on: May 02, 2022, 02:09:43 AM »

NAY
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Mr. Reactionary
blackraisin
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« Reply #24 on: May 02, 2022, 04:59:42 AM »

Aye
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