SB 108-21: ATF Off Act (Override Vote)

[Joseph Cao]

Motion for a final vote.

[Joseph Cao]

Motion for a final vote.

[Joseph Cao]

Aye.

[Joseph Cao]

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

A final vote is now open on the following legislation:

ATF OFF ACT

Senate Bill
to make sensible criminal justice reforms

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:

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.

[Joseph Cao]

Aye.

[Joseph Cao]

Aye (9): MB, WD, Mr. R, West_Midlander, Deadprez, Joseph Cao, Muad'dib, Ishan, Yankee
Nay (3): discovolante, Beesley, S019
Abstain (1): WB
Present/not voting (5): tack, Kuumo, FalterinArc, CalamityBlue, OSR

By a vote of 9-3-1-5, this bill passes the Senate.

[Joseph Cao]

ATF OFF ACT

Senate Bill
to make sensible criminal justice reforms

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:

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.

Passed 9-3-1-5 in the Atlasian Senate assembled,


Joseph Cao, acting president pro tempore

[Joseph Cao]

Aye.

[Joseph Cao]

To be perfectly honest I'm not 100% sure whether this should go back in the Presidential thread since technically by overriding the veto this has already become law. Did we ever have a successful veto override in-game?

[Joseph Cao]

To be perfectly honest I'm not 100% sure whether this should go back in the Presidential thread since technically by overriding the veto this has already become law. Did we ever have a successful veto override in-game?

Yes, but…there is another point here. In Atlasia, the 2/3 margin is generally marked to be 2/3 of all Senators, not 2/3 of those voting.

In the actual US constitution the first time 2/3 is mentioned it is specified that it means 2/3 of those present, and every subsequent invocation is understood to mean the same. The Atlasian constitution never makes reference to two thirds of those present and simply states two thirds (except for constitutional amendments, which explicitly say “two thirds of membership”). I’m not sure I ever remember any 2/3 vote being declared without actually having 2/3 of the whole Senate.

Well then, that makes things easier in this case.

I think the membership threshold rather than % of those voting was used back when I was Speaker, can't think at the moment when that changed.

[Joseph Cao]

Lincoln: Beesley – Not voting
Northeast: AGA – Nay
Great Lakes: Cao – Aye

Frémont: Kuumo – Not voting
Mountain West: wxtransit – Aye
Pacific: Western Democrat – Aye

South: Mr. R – Aye
Upper South: Yankee – Aye
Deep South: Muad'dib – Aye

STV1: MB – Aye
STV2: Weatherboy – Abstain
STV3: Deadprez – Aye
STV4: West_Midlander – Aye
STV5: Sestak – Nay
STV6: OSR – Aye
STV7: Blairite – Nay
STV8: Adam – Not voting
STV9: Ishan – Aye

The vote being 11-3-1-3, the threshold of two-thirds of Senators is not attained and the veto stands.