After all, Federal Firearms License holders (FFLs) are now regularly targeted under the agency’s “zero tolerance” policy, often for nothing more than simple clerical errors.
At least one lawmaker has had enough of watching the ATF run roughshod over the rights of mostly small entrepreneurs. Sen. Joni Ernst (R-IA) introduced legislation this week to safeguard these FFLs from rogue actions driven by the desire to put them out of business.
Her proposal is a direct response to the White House’s stated intentions to run the firearms industry into the ground. Shortly after the 2021 inauguration of President Joe Biden (D), a fact sheet was released revealing that intense oversight of FFLs was coming as a response to violent crime.
Never mind that these dealers do business with law-abiding citizens. They were to as a matter of policy be targeted.
But Ernst is attempting to change this misguided action. She stated clear reasons for supporting legislation to pull the ATF back from its harassment of Second Amendment-protected businesses.
“Biden’s ATF has had it out for gun owners since day one. For years, the Biden administration has cracked down on law-abiding gun dealers to advance its gun-grabbing agenda, even preventing small businesses from making a living. Rather than helping dealers comply with the law, Biden’s ATF has created more hurdles to legally sell guns, so it can turn around and revoke licenses for inconsequential so-called ‘violations.’”
Her bill is the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act.
It is simultaneously being introduced in the House by Rep. Darrell Issa (R-CA).
One of the principal arguments posed by supporters of weapons dealers is that the ATF is implementing regulations that should instead be laws originating in Congress. Lawmakers, who have the power to create these statutes, refuse to do so.
That should not leave crafting laws, which constitutionally is in the purview of the Congress, in the hands of a federal agency.
The National Shooting Sports Foundation in February revealed shocking data directly from the ATF. It highlighted details of inspections, warning letters and revocations for FFLs, and it clearly showed that the new zero tolerance policies have devastating effects on businesses.
The ATF revoked FFLs for 157 businesses last year. For perspective, that’s up from 88 licenses taken in 2022 and only five in the last six months of 2021. There is clearly a concerted effort to drive these legal operations out of operation.
Further, 80 FFLs voluntarily relinquished their licenses to engage in a firearms business in 2023. This meant they were unwilling to go through the lengthy and expensive trouble of fighting the federal government to stay above water.
Again, for perspective, that figure compares to 69 in 2022 and 24 in the last half of 2021.
The ATF clearly shelved its original mission to assist the industry in complying with federal law. Instead, zero tolerance is a powerful weapon utilized to shutter businesses for only a single minor violation.
Unfortunately, this action is permitted under the 1968 Gun Control Act. So even small clerical errors can bring the wrath of the federal government down on small businesses that may have been operating for decades.
Which led to Sen. Ernst’s proposal to protect this vital industry. The ATF clearly needs to be reined in and made to restrict itself to its intended purpose.
If a gun business is indeed in flagrant violation of federal law in a criminal manner, it deserves what it gets. But to have the ATF weaponized to force the closure of small businesses in a constitutionally protected industry is a travesty that begs to be corrected.
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