Sen. Joni Ernst (R-IA) and Rep. Darrell Issa (R-CA) are introducing legislation today to protect Federal Firearm License holders (FFLs) from being antagonized and shut down by a weaponized ATF.
The legislation is the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act, and its central purpose is to prevent any restart of the Biden-era ATF’s “zero tolerance” policy.
One of the most heinous aspects of the “zero tolerance” policy was the automatic revocation of FFLs due to paperwork mistakes/clerical errors.
The FIREARM Act protects against this in the future by:
- Creating a safe harbor for FFLs to self-report violations, so they can correct any accidental errors;
- Requiring the ATF to work collaboratively with FFLs to fix violations and help avoid future violations;
- Addressing 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.
Moreover, the text of the FIREARM Act makes clear that FFLs will have their due process protected via a 15-business-day window to pursue judicial review in the event that a notice to revoke is received:
During the 15-business-day period beginning on the date on which a license holder or applicant receives a written notice of revocation or denial, that aggrieved party may file a petition with the United States district court for the district in which the aggrieved party resides or has his or her principal place of business for a judicial review of the revocation or denial.
Sen. Ernst said, “The Biden administration’s zero-tolerance policy empowered gun grabbers in Washington to infringe on the Second Amendment and shutter small businesses. 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.”
Rep. Issa added, “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. 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.”
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at [email protected].
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