[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Extensions of Remarks]
[Pages E1969-E1970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES MODERNIZATION AND 
                           REFORM ACT OF 2006

                                 ______
                                 

                           HON. RUSH D. HOLT

                             of new jersey

                    in the house of representatives

                       Friday, September 29, 2006

  Mr. HOLT. Mr. Speaker, I oppose the ``Bureau of Alcohol, Tobacco, 
Firearms, and Explosives Modernization and Reform Act of 2006,'' H.R. 
5029. This bill would effectively gut the ability of the ATF to shut 
down rogue gun dealers who ignore or undermine federal law by selling 
guns to criminals. It literally protects the worst of the worst.
  We should be doing more to ensure that our communities are safe, by 
getting guns out of the hands of criminals. That is why we should make 
sure federal authorities have all the tools they need to go after 
criminal gun dealers.
  Yet, this bill would substantially undermine the ATF's ability to 
revoke federal firearms licenses and shut down corrupt gun dealers who 
have repeatedly violated the law. By redefining the burden of proof for 
violations of existing federal gun laws, this bill would make it 
essentially impossible to sanction, prosecute, or revoke the federal 
firearms license of corrupt gun dealers.
  The vast majority of gun dealers are honest hard-working business 
owners who play by the rules. Yet, their compliance with federal law is 
tarnished by the few gun dealers who

[[Page E1970]]

are more interested in making a profit than following the law or 
protecting our children. Statistics show that 60 percent of guns used 
in crimes can be traced back to just 1% of the Nation's 80,000 gun 
dealers. This means that a tiny percentage of criminal gun dealers are 
responsible for the bulk of guns used in the crimes that terrorize our 
communities. Yet, this legislation makes it harder to shut down these 
criminal outliers.
  In 2003, the ATF issued only 54 notices of license revocation to shut 
down rogue gun dealers. That represents .06 percent of all gun dealers. 
Under the proposed legislation, this small group of dealers would be 
allowed to stay in business, and pay only a minor fine.
  This bill would also weaken the recordkeeping requirements that gun 
dealers must follow currently. This would allow criminal dealers to 
hide their illegal sales and missing firearms. Rather than being 
required to properly maintain their gun sale records, this legislation 
would simply allow them to keep such records in a box or a storage 
room, and would make it very difficult for the ATF to investigate and 
uncover dealer violations.
  I oppose this flawed legislation. I believe strongly that the ATF 
needs the authority to prosecute and eventually revoke the licenses of 
corrupt and criminal gun dealers. I am not alone in this view. This 
legislation is also opposed by the International Association of Chiefs 
of Police, The American Bar Association, The Major City Chiefs, the 
International Brotherhood of Police, Mayors Against Illegal Guns, The 
Brady Campaign to Prevent Gun Violence, The Violence Policy Center, the 
Coalition to Stop Gun Violence, Former Director of the ATF Rex Davis, 
New York City Mayor Michael Bloomberg, and Boston Mayor Thomas Menino.
  I urge my colleagues to join me in opposing this dangerous bill.

                          ____________________