Biden-ATF Era: Senate Rescinding Zero Error Policy For FFL's

We reported recently how the Trump Administration’s kinder, gentler Bureau of Alcohol, Tobacco, Firearms and Explosives had rolled back its Biden-era “zero tolerance” policy which led to revocation of nearly 200-gun dealers’ federal firearms licenses over simple paperwork errors.

The FIREARM ACT would make several changes that will protect lawful gun sellers in the future, including creating a safe harbor for FFLs to self-report violations, so they can correct any accidental errors and requires the ATF to work collaboratively with FFLs to fix violations and help avoid future violations. Zit would also address the “willfulness” issue by defining it to mean a voluntary, intentional violation of a known legal duty achieved through specific intent or deliberate planning, excludes previous conduct and creates a rebuttal if the conduct is not willful, and allow for direct judicial review of license revocations to avoid the ATF from serving as both judge and prosecutor.

“The Biden administration’s zero-tolerance policy empowered gun grabbers in Washington to infringe on the Second Amendment and shutter small businesses,” Ernst said in a press release announcing the legislation. “Iowans spoke loud and clear in November that they were tired of bureaucratic overreach. My FIREARM Act disarms the out-of-control ATF and ensures that the rights of law-abiding gun owners are protected.”

U.S. Rep. Darrell Issa, R-California, who is introducing a companion measure in the House of Representatives, said the idea is to prevent what happened to Federal Firearms Licensees (FFLs) from every happening again.

“For four years, the Biden administration undermined the Second Amendment and weaponized government against law-abiding citizens and small businesses of the lawful firearms industry,” Issa said. “It is now a new day and a different Washington, and that’s why my friend Senator Ernst and I are advancing the FIREARM Act. We can stop the targeting of our citizens and prevent it from ever happening again.”

The legislation was met with solid approval by several gun-rights organizations, including the National Shooting Sports Foundation (NSSF), the firearms industry trade association.

“Senator Joni Ernst’s FIREARM Act will ensure that future administrations cannot weaponize the ATF as a political gun control tool for special interests,” Lawrence G. Keane, NSSF senior vice president and general counsel, said in a news item posted on the organization’s website. “Under the Biden administration, the firearm and ammunition industry witnessed the ATF being weaponized to carry out that administration’s extreme anti-gun policies. That damaged the cooperative relationships between firearm retailers, who are on the frontline preventing illegal straw purchases of firearms, and the ATF, which enforces laws to safeguard our communities. NSSF is thankful for Senator Ernst’s leadership to provide remedies that repair this necessary public trust in our federal agencies.”

At the time of this writing, the text of the bill was not yet available.