mikeyp
NES Member
ANOTHER BILL TO RESTRICT SUPPRESSORS INTRODUCED IN U.S. CONGRESS – American Suppressor Association
WASHINGTON, DC – Last week, Rep. Jennifer Wexton (VA-10) introduced H.R. 3404, the Empowering Law Enforcement for Safer Firearm Transfers Act. Her bill, the text of which was published today, would give Chief Law Enforcement Officers (CLEO) 90 days to assert uninhibited veto power over NFA applications. The American Suppressor Association is opposed to this unconstitutional attempt to create a local veto provision in the NFA process.
As drafted, local law enforcement would have absolute discretion to deny any applicant the right to acquire NFA items. The bill, which has intentionally vague standards, would unlawfully extend judicial powers to local law enforcement, allowing them to summarily deny the Second Amendment rights of law-abiding citizens who have committed no crime.
IN THE EVENT OF DENIALS, THERE WOULD BE NO JUDICIAL REVIEW, NO DUE PROCESS, AND NO METHOD FOR APPEAL.
Prior to the enactment of ATF 41F in July 2016, individual applicants were required to obtain a CLEO signature before submitting their Form 4. In many jurisdictions this amounted to a de facto ban on NFA ownership, as CLEOs could refuse to sign the application for any reason. Recognizing the overstep, the Obama administration eliminated the CLEO signoff requirement through regulatory reform by enacting ATF 41F.
Rep. Wexton’s bill is an unconstitutional step in the wrong direction that would do nothing to prevent violent crime. Under current law, requirements for comprehensive background checks are already in place. Every applicant on every NFA application must pass a check by the FBI National Instant Criminal Background Check System (NICS) before they are able to take possession of the NFA item.
The goal here isn’t safety, it’s control. As we’ve said before, the American Suppressor Association is unequivocally opposed to any attempt to ban or further regulate suppressors. We are unwavering in our support of the Second Amendment, as well as the individual right to possess suppressors.
WE NEED YOUR SUPPORT NOW MORE THAN EVER!
We cannot fight this attack on your Second Amendment rights alone. Our opposition is well organized and incredibly well funded. To counter their campaign we need your help now more than ever. Join or make a donation to ASA today! Do so now through July 12th, and you’ll be automatically entered to win one of over 20 prizes totaling more than $15,000 graciously donated by our sponsors. Visit CansNotBans.com for details and to enter.
The bill
H.R.3404 - 116th Congress (2019-2020): Empowering Law Enforcement for Safer Firearm Transfers Act of 2019
Introduced in House (06/21/2019)
116th CONGRESS
1st Session
H. R. 3404
To amend the National Firearms Act to require that local chief law enforcement officers be notified of, and provided a 90-day period to deny, firearm transfers.
IN THE HOUSE OF REPRESENTATIVES
June 21, 2019
Ms. Wexton (for herself, Mr. Beyer, Mr. Connolly, Ms. Norton, Mr. Neguse, Ms. Clark of Massachusetts, Mr. Cicilline, and Mr. Cisneros) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the National Firearms Act to require that local chief law enforcement officers be notified of, and provided a 90-day period to deny, firearm transfers.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 5812 of the Internal Revenue Code of 1986 is amended by striking “; and (6)” and inserting “(6) the Secretary has notified the chief law enforcement officer of the jurisdiction in which the transferee primarily resides that such application is pending, and such officer either (A) certifies that there is no objection to the transfer, or (B) does not, before the end of the 90-day period beginning on the date of such notification, certify to the Secretary that (i) the transferee poses a danger to the transferee or others, or (ii) there is a reasonable likelihood the transferee will use the firearm for unlawful purposes; and (7)”.
(b) Effective Date.—The amendment made by this section shall apply with respect to applications filed after the date of the enactment of this Act.
WASHINGTON, DC – Last week, Rep. Jennifer Wexton (VA-10) introduced H.R. 3404, the Empowering Law Enforcement for Safer Firearm Transfers Act. Her bill, the text of which was published today, would give Chief Law Enforcement Officers (CLEO) 90 days to assert uninhibited veto power over NFA applications. The American Suppressor Association is opposed to this unconstitutional attempt to create a local veto provision in the NFA process.
As drafted, local law enforcement would have absolute discretion to deny any applicant the right to acquire NFA items. The bill, which has intentionally vague standards, would unlawfully extend judicial powers to local law enforcement, allowing them to summarily deny the Second Amendment rights of law-abiding citizens who have committed no crime.
IN THE EVENT OF DENIALS, THERE WOULD BE NO JUDICIAL REVIEW, NO DUE PROCESS, AND NO METHOD FOR APPEAL.
Prior to the enactment of ATF 41F in July 2016, individual applicants were required to obtain a CLEO signature before submitting their Form 4. In many jurisdictions this amounted to a de facto ban on NFA ownership, as CLEOs could refuse to sign the application for any reason. Recognizing the overstep, the Obama administration eliminated the CLEO signoff requirement through regulatory reform by enacting ATF 41F.
Rep. Wexton’s bill is an unconstitutional step in the wrong direction that would do nothing to prevent violent crime. Under current law, requirements for comprehensive background checks are already in place. Every applicant on every NFA application must pass a check by the FBI National Instant Criminal Background Check System (NICS) before they are able to take possession of the NFA item.
The goal here isn’t safety, it’s control. As we’ve said before, the American Suppressor Association is unequivocally opposed to any attempt to ban or further regulate suppressors. We are unwavering in our support of the Second Amendment, as well as the individual right to possess suppressors.
WE NEED YOUR SUPPORT NOW MORE THAN EVER!
We cannot fight this attack on your Second Amendment rights alone. Our opposition is well organized and incredibly well funded. To counter their campaign we need your help now more than ever. Join or make a donation to ASA today! Do so now through July 12th, and you’ll be automatically entered to win one of over 20 prizes totaling more than $15,000 graciously donated by our sponsors. Visit CansNotBans.com for details and to enter.
The bill
H.R.3404 - 116th Congress (2019-2020): Empowering Law Enforcement for Safer Firearm Transfers Act of 2019
Introduced in House (06/21/2019)
116th CONGRESS
1st Session
H. R. 3404
To amend the National Firearms Act to require that local chief law enforcement officers be notified of, and provided a 90-day period to deny, firearm transfers.
IN THE HOUSE OF REPRESENTATIVES
June 21, 2019
Ms. Wexton (for herself, Mr. Beyer, Mr. Connolly, Ms. Norton, Mr. Neguse, Ms. Clark of Massachusetts, Mr. Cicilline, and Mr. Cisneros) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the National Firearms Act to require that local chief law enforcement officers be notified of, and provided a 90-day period to deny, firearm transfers.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 5812 of the Internal Revenue Code of 1986 is amended by striking “; and (6)” and inserting “(6) the Secretary has notified the chief law enforcement officer of the jurisdiction in which the transferee primarily resides that such application is pending, and such officer either (A) certifies that there is no objection to the transfer, or (B) does not, before the end of the 90-day period beginning on the date of such notification, certify to the Secretary that (i) the transferee poses a danger to the transferee or others, or (ii) there is a reasonable likelihood the transferee will use the firearm for unlawful purposes; and (7)”.
(b) Effective Date.—The amendment made by this section shall apply with respect to applications filed after the date of the enactment of this Act.
