{"id":804,"date":"2023-02-13T22:43:30","date_gmt":"2023-02-13T22:43:30","guid":{"rendered":"https:\/\/americangunpeople.com\/?p=804"},"modified":"2023-02-13T22:43:30","modified_gmt":"2023-02-13T22:43:30","slug":"internal-atf-docs-show-zero-tolerance-guidelines-for-shutting-down-gun-stores","status":"publish","type":"post","link":"https:\/\/americangunpeople.com\/?p=804","title":{"rendered":"Internal ATF docs show \u2018zero tolerance\u2019 guidelines for shutting down gun stores"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<h2 class=\"sub-headline speakable\" style=\"text-align: center\">The guidance says the ATF can &#8216;use inspection reports to establish willfulness even if the inspection found no violations&#8217;<\/h2>\n<p class=\"speakable\"><strong>FIRST ON FOX: <\/strong>Internal documents from the <a href=\"https:\/\/www.foxnews.com\/category\/person\/joe-biden\" target=\"_blank\" rel=\"noopener\"><u>Bureau of Alcohol, Tobacco, Firearms, and Explosives<\/u><\/a> (ATF) show the &#8220;zero tolerance&#8221; guidelines the agency is using to shut down gun stores.<\/p>\n<p class=\"speakable\">Fox News Digital exclusively obtained the ATF\u2019s federal firearms licensee (FFL) inspection guidance from January 2022 that makes it easier to revoke gun stores\u2019 federal licenses.<\/p>\n<p>The guidance says the agency &#8220;has zero tolerance for willful violations that greatly affect public safety and ATF\u2019s ability to trace firearms recovered in violent crimes&#8221; and that &#8220;revocation&#8221; of the FFL\u2019s license &#8220;is the assumed action&#8221; with violations.<u><\/u><\/p>\n<div class=\"image-ct inline\">\n<div class=\"m\"><\/div>\n<div class=\"info\">\n<div class=\"caption\">\n<p>Fox News Digital exclusively obtained the ATF\u2019s federal firearms licensee (FFL) inspection guidance from January 2022 that makes it easier to revoke gun stores\u2019 federal licenses. (Michael Ruiz\/Fox News Digital)<\/p>\n<\/div>\n<\/div>\n<\/div>\n<p>&#8220;Therefore, revocation is the assumed action, unless extraordinary circumstances exist, when violations are cited that include&#8221; transferring a firearm &#8220;to a prohibited person knowing or having reasonable cause to believe the transferee is a prohibited person,&#8221; failing to perform a background check, and &#8220;making a false or fictitious written statement in the FFL\u2019s required records or in applying for a firearms license,&#8221; the guidance reads.<\/p>\n<p>The guidance defines administrative action &#8220;as a warning letter, warning conference, revocation, imposition of civil fine, and\/or suspension of a federal firearms license, including a recommendation of denial of an original or renewal application, and alternate action to revocation.&#8221;<\/p>\n<p>According to the documents, the &#8220;ATF must establish willfulness to proceed with revocation&#8221; under federal law, but the agency &#8220;does not have to establish a history of prior violations to determine willfulness.&#8221;<\/p>\n<p>&#8220;Accordingly, ATF will revoke a federal firearms license, absent extraordinary circumstances on initial violations, if those violations inherently demonstrate willfulness, such as transferring a firearm to a prohibited person; failing to run a background check prior to transferring a firearm to a non-licensee; falsifying records, or making false statements; failing to respond to an ATF tracing request; refusing to permit ATF to conduct an inspection; or allowing a straw sale of a firearm to occur.&#8221;<\/p>\n<div>\n<p>\u00a0<\/p>\n<\/div>\n<p>&#8220;ATF may also revoke for any other willful first-time violation as it deems appropriate,&#8221; the guidance reads.<\/p>\n<p>The guidance says that the agency &#8220;can establish the knowledge element of willfulness in several ways&#8221; including establishing &#8220;the FFL has a history of similar, repeat violations, and documentation that an [Industry Operations Investigator (IOI)] discussed them with the FFL.&#8221;<\/p>\n<p>&#8220;The FFL\u2019s compliance history can include other efforts by ATF (including qualification inspections) to inform the FFL about its legal responsibilities,&#8221; the ATF guidance reads, also saying the agency can &#8220;use inspection reports to establish willfulness even if the inspection found no violations.&#8221;<\/p>\n<p>&#8220;Revocation is also an appropriate licensing action in response to the discovery of the below willful violations,&#8221; the guidance also says, which includes any &#8220;other [Gun Control Act] violation not specifically addressed in this order where revocation may be appropriate.&#8221;<\/p>\n<p>Additionally, when an FFL loses its license, it will likely close shop and be required to send its gun purchase records \u2014 which are now required to be kept indefinitely \u2014 <a href=\"https:\/\/www.foxnews.com\/politics\/gun-rights-atf-accuses-agency-illegal-gun-registry\" target=\"_blank\" rel=\"noopener\"><u>straight to the ATF<\/u><\/a>.<\/p>\n<p><a href=\"https:\/\/nssfpdf.s3.amazonaws.com\/FederalFirearmsAdministrativeActionPolicy.pdf\" target=\"_blank\" rel=\"nofollow noopener\">The ATF <u>announced<\/u> in July 2021 <\/a>that they would be updating the guidelines established under the Trump administration.<\/p>\n<p>Gun rights group Gun Owners of America (GOA) first obtained and shared the documents with Fox News Digital on Thursday.<\/p>\n<p>Aiden Johnston, GOA\u2019s director of federal affairs, told Fox News Digital that &#8220;Joe Biden has weaponized the ATF against gun owners and the firearms industry in an attempt to violate the Second Amendment and expand his illegal gun registry.&#8221;<\/p>\n<p>&#8220;Rather than targeting those who display clear negligence and disregard for the law, ATF now revokes licenses without warning at the discovery of a first mistake by honest gun dealers,&#8221; Johnston said.<\/p>\n<div class=\"image-ct inline\">\n<div class=\"m\"><\/div>\n<div class=\"info\">\n<div class=\"caption\">\n<p>Aiden Johnston, GOA\u2019s director of federal affairs, told Fox News Digital that &#8220;Joe Biden has weaponized the ATF against gun owners and the firearms industry in an attempt to violate the Second Amendment and expand his illegal gun registry.&#8221; (Fox News\u00a0)<\/p>\n<\/div>\n<\/div>\n<\/div>\n<p>&#8220;When Federal Firearms Licensees are forced out of business, ATF adds their records to its digital gun registry that has nearly a billion gun and gun owner records,&#8221; he continued. &#8220;GOA is already working with Second Amendment champions like Rep. Michael Cloud on Capitol Hill to address this alarming issue and eliminate this unconstitutional gun registry.&#8221;<\/p>\n<p>ATF spokesperson Erik Longnecker told Fox News Digital the &#8220;ATF can revoke a federal firearms license for willful violations of the Gun Control Act, especially those willful violations that are a threat to public safety.&#8221;<\/p>\n<p>&#8220;Such willful violations can include transferring a firearm to a prohibited person, not conducting background checks, falsifying records, not responding to trace requests, and refusing to permit inspections,&#8221; Longnecker said in response to Fox News Digital&#8217;s question as to why the agency is moving immediately to revocation of FFL licenses for potentially minor violations instead of issuing a warning letter or conference.<\/p>\n<p>&#8220;These willful violations are anything but \u2018minor,\u2019&#8221; Longnecker said.<\/p>\n<p>GOA previously blasted the ATF for their &#8220;illegal gun registry&#8221; in their new report on the finalized rule requiring FFLs to maintain purchase records indefinitely.<\/p>\n<p>The group\u2019s report on Freedom of Information Act (FOIA) requested documents revealed the ATF &#8220;is maintaining a digital, searchable, centralized registry of guns and gun owners in violation of various federal prohibitions.&#8221;<\/p>\n<p>GOA wrote in their report that the &#8220;ATF has reached a point where it has converted nearly one billion records (required to be kept by FFLs) into a single, centralized, and searchable national gun registry, that is routinely searched by multiple data fields (except, reportedly, by gun owner name).&#8221;<\/p>\n<p>Federal law before the rule required federally-licensed gun stores to hold onto purchase records for a minimum of 20 years. The new rule prevents FFLs from destroying the purchase records should they so choose.<\/p>\n<p>Second Amendment sentinels in Congress have taken aim at the newly finalized rule, with Cruz introducing the Senate companion bill to Rep. Michael Cloud\u2019s, R-Texas, legislation, the No Retaining Every Gun In a System That Restricts Your (REGISTRY) Rights Act, last Congress.<\/p>\n<p><em>Originally published on <\/em>Fox News Digital <em>by Houston Keene. <a href=\"https:\/\/www.foxnews.com\/politics\/internal-atf-docs-show-zero-tolerance-guidelines-shutting-down-gun-stores\" target=\"_blank\" rel=\"noopener\">Original Article can be viewed here<\/a>.<\/em><\/p>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.gunowners.org\/internal-atf-docs-show-zero-tolerance-guidelines-for-shutting-down-gun-stores\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The guidance says the ATF can &#8216;use inspection reports to establish willfulness even if the inspection found no violations&#8217; FIRST ON FOX: Internal documents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) show the &#8220;zero tolerance&#8221; guidelines the agency is using to shut down gun stores. Fox News Digital exclusively obtained the ATF\u2019s [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-804","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-2a-rights"},"_links":{"self":[{"href":"https:\/\/americangunpeople.com\/index.php?rest_route=\/wp\/v2\/posts\/804","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/americangunpeople.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/americangunpeople.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/americangunpeople.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/americangunpeople.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=804"}],"version-history":[{"count":0,"href":"https:\/\/americangunpeople.com\/index.php?rest_route=\/wp\/v2\/posts\/804\/revisions"}],"wp:attachment":[{"href":"https:\/\/americangunpeople.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=804"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/americangunpeople.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=804"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/americangunpeople.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=804"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}