| WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, hails the introduction of H.R 3770, the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act, by U.S. Rep. Darrell Issa (R-Calif). The “FIREARM” Act would prevent the Bureau of Alcohol. Tobacco, Firearms and Explosives (ATF) from shuttering Federal Firearms Licensees (FFLs) over minor clerical mistakes and allows them to correct self-reported errors.
Companion legislation was introduced in the U.S. Senate earlier this week as S. 1922, under the same title, by Sen. Joni Ernst (R-Iowa).
“Congressman Issa’s ‘FIREARM’ Act will ensure that future administrations cannot weaponize the ATF as a political gun control tool for special interests,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Under the Biden administration, the firearm and ammunition industry witnessed the ATF being weaponized to carry out that administration’s extreme antigun 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 Congressman Issa’s leadership to provide remedies that repair this necessary public trust in our federal agencies.”
Specifically, the “FIREARM” Act:
· Creates a safe harbor for FFLs to self-report violations, so they can correct any accidental errors;
· Requires the ATF to work collaboratively with FFLs to fix violations and help avoid future violations;
· Addresses 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
· Allows for direct judicial review of license revocations to avoid the ATF from serving as both the judge and prosecutor.
President Joe Biden instituted the ATF’s “Zero Tolerance” policy that put firearm businesses at risk of losing their licenses and livelihoods for minor clerical errors that were previously corrected by ATF inspectors to assist those businesses to stay compliant and within the laws and regulations governing the firearm industry. The ATF revoked 157 licenses of FFLs in 2023, and an additional 80 licenses were voluntarily surrendered rather than endure the costly and painstaking process of clearing a business’s name, a pace for both of which increased during the Biden administration.
The Trump administration, through the Department of Justice (DOJ), announced in February that the Biden-era “Zero Tolerance” police was dead. The DOJ followed that up with an announcement that several policies were under review and “Zero Tolerance” was eliminated. Acting ATF Director Daniel Driscoll follow that up before Memorial Day with a new policy that will “promote fairness, consistency, and public safety.”
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About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org. |
