[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2310 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2310

 To amend chapter 44 of title 18, United States Code, with respect to 
                penalties for licensed firearms dealers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2000

Mrs. Feinstein introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 44 of title 18, United States Code, with respect to 
                penalties for licensed firearms dealers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Firearms Dealer Penalty Flexibility 
Act of 2000''.

SEC. 2. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES.

    Section 923 of title 18, United States Code, is amended by striking 
subsections (e) and (f) and inserting the following:
    ``(e) Revocation or Suspension of License; Civil Penalties.--
            ``(1) Willful violations.--The Secretary may, after notice 
        and opportunity for hearing, suspend or revoke any license 
        issued under this section, or may subject the licensee to a 
        civil penalty of not more than $10,000 per violation, if the 
        holder of such license has willfully violated any provision of 
        this chapter or any rule or regulation prescribed by the 
        Secretary under this chapter.
            ``(2) Transfer of armor piercing ammunition.--The Secretary 
        may, after notice and opportunity for hearing, suspend or 
        revoke the license of, or assess a civil penalty of not more 
        than $10,000 on, a dealer who willfully transfers armor 
        piercing ammunition.
            ``(3) Compromise, mitigation, or remittance of liability.--
        The Secretary may at any time compromise, mitigate, or remit 
        the liability with respect to any willful violation of this 
        chapter or any rule or regulation prescribed by the Secretary 
        under this chapter.
            ``(4) Review.--An action of the Secretary under this 
        subsection may be reviewed only as provided in subsection (f).
    ``(f) Rights of Applicants and Licensees.--
            ``(1) In general.--If the Secretary denies an application 
        for a license, or revokes or suspends a license, or assesses a 
        civil penalty under this section, the Secretary shall provide 
        written notice of such denial, revocation, suspension, or 
        assessment to the affected party, which notice shall--
                    ``(A) state specifically the grounds upon which the 
                application was denied or upon which the license was 
                suspended or revoked or the civil penalty assessed, as 
                applicable; and
                    ``(B) with respect to a notice of a revocation or 
                suspension of a license, be given to the holder of such 
                license before the effective date of the revocation or 
                suspension, as applicable.
            ``(2) Appeal process.--
                    ``(A) Hearing.--If the Secretary denies an 
                application for, or revokes or suspends a license, or 
                assesses a civil penalty under this section, the 
                Secretary shall, upon request of the aggrieved party, 
                promptly hold a hearing to review the denial, 
                revocation, suspension, or assessment. A hearing under 
                this subparagraph shall be held at a location 
                convenient to the aggrieved party.
                    ``(B) Notice of decision; appeal.--If, after a 
                hearing held under subparagraph (A), the Secretary 
                decides not to reverse the decision of the Secretary to 
                deny the application, revoke or suspend the license, or 
                assess the civil penalty, as applicable--
                            ``(i) the Secretary shall provide notice of 
                        the decision of the Secretary to the aggrieved 
                        party;
                            ``(ii) during the 60-day period beginning 
                        on the date on which the aggrieved party 
                        receives a notice under clause (i), the 
                        aggrieved party may file a petition with the 
                        district court of the United States for the 
                        judicial district in which the aggrieved party 
                        resides or has a principal place of business 
                        for a de novo judicial review of such denial, 
                        revocation, suspension, or assessment; and
                            ``(iii) in any judicial proceeding pursuant 
                        to a petition under clause (ii)--
                                    ``(I) the court may consider any 
                                evidence submitted by the parties to 
                                the proceeding, regardless of whether 
                                or not such evidence was considered at 
                                the hearing held under subparagraph 
                                (A); and
                                    ``(II) if the court decides that 
                                the Secretary was not authorized to 
                                make such denial, revocation, 
                                suspension, or assessment, the court 
                                shall order the Secretary to take such 
                                actions as may be necessary to comply 
                                with the judgment of the court.
                    ``(C) Stay pending appeal.--If the Secretary 
                suspends or revokes a license or assesses a civil 
                penalty under this section, upon the request of the 
                holder of the license, the Secretary shall stay the 
                effective date of the revocation, suspension, or 
                assessment pending an appeal under this paragraph.''.

SEC. 3. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY 
              CONVICTION.

    Section 925(b) of title 18, United States Code, is amended by 
striking ``until any conviction pursuant to the indictment becomes 
final'' and inserting ``until the date of any conviction pursuant to 
the indictment''.
                                 <all>