On April 7, the Trump administration formally revoked the Biden-Harris administration’s “zero-tolerance” policy for inspections of federal firearm licensees (FFLs). This ended a practice that was costing small businesspeople their livelihoods over harmless clerical errors in the voluminous paperwork that accompanies regulated gun sales. Also announced were reviews of two anti-gun administrative rules from the prior administration, one on the status of braced pistols under the National Firearms Act (NFA) and another on who is required to become an FFL to sell guns. These moves continued the rollback of anti-gun policies perpetrated under Biden-Harris and signaled a significant pro-gun shift by the Trump administration.
The zero-tolerance policy supposedly targeted “willful” violations of a specified list of infractions, including: transferring a firearm to a prohibited person; failing to conduct a required background check; falsifying records, such as a firearm-transaction form; failing to respond to a trace request; and refusing to permit the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to conduct an inspection. A single such violation would presumably result in revocation of the FFL’s license.
Those violations were meant to sound serious, and the “willfulness” standard is supposed to put the government to a high burden of proof. Yet that is not how the policy worked in practice.
Falsifying records, for example, could translate simply to making a mistake in any of the dozens of inputs necessary to complete an ATF Form 4473, the document used when a firearm is sold from a dealer to an unlicensed person.
Failure to conduct a required background check, moreover, didn’t necessarily mean FFLs were selling guns to criminals, but could include situations where there was legitimate confusion over the rules. There were, for example, misunderstandings over when an FFL is required to run a background check when returning a gun to its owner after storage or consignment or which firearm-related permits satisfied the statutory exemption to the usual background check.
The government’s required showing of “willfulness,” moreover, is supposed to prevent innocent mistakes by FFLs from being used against them. But under the Biden-Harris zero-tolerance policy, ATF turned this doctrine on its head by claiming the specified “zero-tolerance” violations inherently demonstrated willfulness.
Even the anti-gun propaganda site The Trace acknowledged that zero tolerance was a “crackdown that triggered the steepest increase in gun store license revocations in [ATF’s] history.”
Thankfully, all that is over. The April 7 announcement quoted Attorney General Pam Bondi as saying: “The prior administration’s ‘Zero Tolerance’ policy unfairly targeted law-abiding gun owners and created an undue burden on Americans seeking to exercise their constitutional right to bear arms—it ends today.”
This presumably means ATF will return to its prior practice of conducting inspections in a more wholistic manner that considers the facts and circumstances of each case and allows for remedial measures to be taken where the FFL was operating in good faith.
The announcement also noted that DOJ and ATF have plans to revisit the regulatory framework surrounding stabilizing braces (Final Rule 2021R-08F) and the definition of “engaged in the business” of firearm-dealing (Final Rule 2022R-17F).
NRA-ILA had opposed both rules as exceeding ATF’s statutory authority, creating confusion and causing legal traps for law-abiding gun owners.
The announcement continued: “The DOJ and ATF will conduct an in-depth review over the coming months and will engage in consultations with stakeholders, including gun rights organizations, industry leaders and legal experts. Further updates on the status of these reviews will be released in due course.”
But the good news from the Trump administration was not over. On April 9, Bondi announced she would create a Second Amendment Task Force at the Department of Justice.
“The prior administration placed an undue burden on gun owners and vendors by targeting law-abiding citizens exercising their 2nd Amendment rights,” Bondi stated. “The Department of Justice’s new Second Amendment Task Force will combine department-wide policy and litigation resources to advance President Trump’s pro-gun agenda and protect gun owners from overreach.”
Virginia Governor Vetoes Anti-Gun Bills
In March, Virginia Gov. Glenn Youngkin (R) reaffirmed his support for law-abiding gun owners by vetoing two dozen bills that would have trampled on the Second Amendment freedoms of the citizens of the commonwealth.
“On behalf of Virginia’s NRA members and Second Amendment supporters, I want to thank Gov. Youngkin for standing strong in his support for the Second Amendment by vetoing the litany of gun-control bills pushed through the General Assembly this year,” said John Commerford, executive director of NRA-ILA. “For the second year in a row, gun-control activists tried to enact dozens of radical, California-style laws that would have severely restricted the Second Amendment rights of gun owners in the commonwealth. The NRA applauds Gov. Youngkin for upholding his promise to protect our constitutional freedoms.”
The bills vetoed by Gov. Youngkin came from the long wish list of radical gun-control activists. They included attempts to restrict the rights of 18-to-20-year-old adults, to dramatically expand gun-free zones that would have left law-abiding Virginians defenseless, and to enact a mandatory waiting period to take possession of a legally purchased firearm. In addition, vetoed legislation would have banned a wide range of commonly owned firearms.
“While yesterday was a victory for gun rights in the Old Dominion, the NRA will remain vigilant and engaged to fight off future attempts to restrict freedom,” continued Commerford. “There’s no doubt that out-of-state gun-control groups will be active in Virginia again next session, recycling many, if not all, of these anti-gun bills. That’s why it’s critical for Second Amendment supporters to turn out in November and ensure that the next governor of the commonwealth is one who will work tirelessly to preserve Virginians’ Second Amendment rights and ensure law-abiding gun owners can protect themselves and their loved ones.”
This fall, Virginia voters will head to the polls to elect a governor, lieutenant governor, attorney general and members of the House of Delegates. NRA members and Second Amendment supporters are encouraged to visit nrapvf.org to learn about races in their area.
Pro-Gun Bills Signed Into Law In Kansas
On April 7, Gov. Laura Kelly (D) signed two pro-gun bills into law. Both bills are set to take effect on July 1, 2025. NRA thanks Gov. Kelly, lead sponsors Sen. Stephen Owens (R) and Rep. Leah Howell (R), all legislators who ensured these bills advanced, and all NRA members and fellow Second Amendment advocates who engaged with their legislators this session.
SB 137, introduced by Sen. Owens, authorizes the state to sell seized and forfeited guns to federally licensed firearm dealers for resale.
HB 2052, introduced by Rep. Howell, allows individuals to update their provisional concealed-carry license to a standard license upon reaching the age of 21. Under current law, these individuals are ineligible to transition to a standard concealed-carry license upon turning 21 until their four-year provisional license expires.
South Dakota Gov. Rhoden Signs More Pro-Gun Bills
Gov. Larry Rhoden (R) signed into law three pro-gun bills we mentioned had passed the legislature in last month’s magazine.
SB 100 allows enhanced permit holders to carry on the campus of a state institution of higher education. HB 1218 prohibits political subdivisions from restricting concealed carry on properties they own or lease for employees, officers and volunteers, and repeals “gun-free” zones at eateries and establishments that serve alcohol. HB 1222 allows for firearms to be stored in vehicles on school grounds by permit holders.
We thank Gov. Rhoden for his support of the Second Amendment by signing these bills, as well as for earlier signing SB 81, preventing the use of firearm-specific merchant category codes.
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