The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under President Donald Trump (R) recently announced that is replacing the previously nixed “zero-tolerance” policy that had been in place during the Biden administration.
Under the new policy, inspections of federal firearms licensees (FFLs) will “consider all circumstances of an inspection rather than applying automatic outcomes, ensuring ATF uses its regulatory power fairly and effectively.”
“This update is about getting it right and making sure we’re focused on public safety,” said ATF Acting Director Daniel Driscoll. “Under the previous policy, some licensees were being penalized for simple mistakes such as, forgetting to put their license number on forms. This new guidance gives our investigators the discretion to tell the difference between an honest mistake and a real threat to public safety. Law-abiding dealers deserve a system that treats them fairly, not like suspects. They are our partners and the first line of defense in our efforts to combat firearms trafficking.”
The updated policy features five key components, all of which are directed at enforcing the law properly and fairly. This announcement from the ATF is part of the Trump administration’s broader effort to increase transparency and public confidence in government oversight while also holding the ATF accountable.
Previously, President Joe Biden (D) announced in June 2021 the Enhanced Regulatory Enforcement policy, colloquially known as the “zero-tolerance” policy, in the name of going after “rogue” gun dealers. The policy determined that “[a]bsent extraordinary circumstances that would need to be justified to the Director, ATF will seek to revoke the licenses of dealers the first time that they violate federal law ...” for certain specified violations.
The NRA Institute for Legislative Action (ILA) prophetically warned that this policy was, like others from the previous administration, ripe for abuse. “The new ‘zero-tolerance’ policy has a clear aim of reducing the number of federally licensed dealers, which will, in turn, make it more difficult for law-abiding Americans to exercise their Second Amendment rights,” reported NRA-ILA.
Predictably, this led to an increased number of license revocations, which the ATF under Biden loudly proclaimed as a triumph. According to a report, in 2023, the ATF revoked 157 federal firearms licenses following an inspection, nearly twice as many as the 88 licenses revoked in 2022. In the last six months of 2021, only five licenses were revoked.
This latest move from the ATF, and the Trump administration by extension, is another win in a rapidly growing list of wins for American freedom.
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