SB 110-02: ATF OFF ACT (Statute)

[Senator-elect Spark]

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 two (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 National Firearms Act (NFA) 26 USC §5801 - 5872 is 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. Reactionary
Status: Debating

The gentleman from Virginia is recognized.

[S019]

Why are we doing this insanity again?

[West_Midlander]

Why are we doing this insanity again?

Remember folks, if you try for political change but it doesn't come to fruition immediately, it's always best to just give up then and there.

[Mr. Reactionary]

This is a mildly watered down version of the bill we passed last session that got vetoed. To address the concerns of AGA I have removed the language he thought affected background checks so that this version is more moderate in hopes of final passage. Nothing in this bill eliminates any federal rules requiring background checks.

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  repeals an existing federal law creating a registry. As weve seen irl in California registries are subject to abuse and can be leaked by bullies in the government.

Section V is a 6 month delay before it takes effect.
[/quote]

[S019]

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 less 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 less 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 less 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 less 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 $1,000,000.

d. If two (2) or more firearms were transferred during a single transaction that shall be considered a single as two violations 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 National Firearms Act (NFA) 26 USC §5801 - 5872 is 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.

Oh boy, lots to clean up here

[Mr. Reactionary]

I object to the amendments.

[Senator-elect Spark]

Due to the sponsor deeming the amendment hostile, a vote on this amendment shall be in effect for three days.

[West_Midlander]

Nay

[Senator-elect Spark]

Nay

[FT-02 Senator A.F.E. 🇵🇸🤝🇺🇸🤝🇺🇦]

Aye

[WD]

Aye

[Mr. Reactionary]

Nay

[GregTheGreat657]

Nay

[AGA]

Nay

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Oh boy, lots to clean up here

Well once again I have to use the N-Word on the Senate floor:
NAY

[S019]

Aye

[Southern Senator North Carolina Yankee]

Nay

[SevenEleven]

Aye.

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Nay

[Senator-elect Spark]

Amendment vote
AYE: AFE, WD, S019, SevenEleven (4)
NAY: Spark, Mr. R, Greg, WM, AGA, Muaddib, NCY (7)
ABSTAIN: None

This amendment fails, debate resumes.

[West_Midlander]

I voted against the amendment ftr.

Nay

[Senator-elect Spark]

I voted against the amendment ftr.

Nay

Updated.

[Saint Milei]

Nay

[Senator-elect Spark]

Bringing this to a final vote, Senators have 24 hours to object.

[Senator-elect Spark]

Final vote is now open on this bill for 96 hours.