McCarthy: Bill Will Undermine ATF's Efforts to Stop Gun Trafficking

(Editor's Note: The following is a statement Congresswoman Carolyn McCarthy made on the U.S. House's passage of HR 5092, a bill that would give the ATF less authority to crack down on dealers selling guns to criminals.)

"In my 10 years in Congress I've never seen a bill with a more misleading name than HR 5092, the Bureau of Alcohol, Tobacco, Firearms and Explosives Modernization and Reform Act of 2006. Instead of modernizing or reforming the ATF, this bill simply undermines the Bureau's ability to crack down on the most corrupt and negligent gun dealers and traffickers.

"I know the vast majority of gun sellers in this country are legitimate businesspeople who go to great lengths to make sure their guns do not end up in the hands of criminals. But why should Congress protect the small minority who do sell guns to criminals?

"This legislation ties the hands of the ATF in its dealings with the 1 percent of gun dealers responsible for the guns used in nearly 60 percent of crimes. We should be giving the ATF the tools to crack down on corrupt and negligent gun dealers, but this legislation makes it harder to revoke their licenses. The bill relaxes recordkeeping requirements by no longer requiring dealers to properly maintain records.

Even if the ATF is able to revoke a corrupt gun dealer's license, this bill gives the dealer 60 days to sell off his remaining inventory. This defies all common sense. It's like revoking the license of a tavern that repeatedly serves underage drinkers, but allowing it to stay open until all its liquor is sold.

"Proponents of this bill will tell you it aims to protect honest gun sellers who are unfairly targeted by the ATF. But current law already protects honest dealers. In fact, while the ATF regularly uncovers illegal acts by gun dealers, it is rarely able to revoke a license.

"In 2003, the ATF found violations at 1,812 gun dealerships. The ATF found an average of 80 violations with each of these dealers, but only issued license revocation notices at 54 of these dealerships. It is clear that only the most egregious violators lose their licenses each year.

"Every gun dealer who is negligent or knowingly sells a gun to a criminal reflects poorly on the entire gun industry, which is overwhelmingly made up of honest businesspeople. It is in the best interest of the gun industry that dishonest and negligent sellers are forced to shut their doors.

"This is a misguided piece of legislation that does nothing to reform or modernize the ATF, but will allow a small minority of corrupt gun sellers to continue to sell guns to criminals without penalty."