New Bill Targets ATF’s ‘Zero Tolerance’ Policy for Gun Dealers

The ATF has supposedly backed off its “zero tolerance” policy that led to FFLs having their licenses revoked for “willful” violations that amount to minor paperwork errors, but a Kansas congressman wants to make sure the agency can’t quietly return to those tactics in the future. 

Rep. Tracey Mann reintroduced the Reining In Federal Licensing Enforcement  or (RIFLE) Act this week, which he says would, among other things:

• Ensure that ATF works with FFLs, giving FFLs a chance to comply before ATF moves to revoke a license.
• Clearly define and strengthen what constitutes a “willful” violation, imposing a presumption that there is no willful violation absent clear and convincing evidence.
• Allow FFLs to review and appeal ATF determinations before an administrative law judge and reimburse FFLs for legal fees incurred while the zero tolerance policy is in effect. 
• Automatically reinstate and approve licenses suspended, revoked, or denied while ATF’s zero tolerance policy is in effect. 
• Establishe gunrightsrestored.gov to administer reimbursement claims. 

In a press release, Mann chided Joe Biden’s hostility towards the firearms industry over the past four years. 

“Biden did everything in his power to weaponize the federal government against gun store owners in the Big First District of Kansas and across the country. His zero tolerance policy undermined the Second Amendment and trampled on the constitutional rights of law-abiding citizens. Since day one, I have rigorously pushed back against this unconstitutional policy and fought for more oversight to rein in ATF’s abuse. 

“On November 5, 2024, the country made it clear—our constitutional rights are not up for grabs. My bill makes that crystal clear by fortifying the Second Amendment rights of local gun stores and seeking to restore a degree of wholeness to individuals whose livelihoods were destroyed by this federal abuse. I look forward to working with President Trump to further strengthen the protection of the Second Amendment, deliver justice for our FFLs, and get our country back on track.”

The ATF faced multiple lawsuits over its aggressive efforts to shut down gun shops for the smallest of reasons, but as the Bloomberg-backed gun control news site The Trace recently reported, the agency quietly backed away from its stance back in August. 

the changes came to light only on January 16 as part of a lawsuit against the Biden administration. The new order clarifies the legal threshold that should be met before the agency revokes a gun store’s license for violations uncovered during an inspection.

Brian Luettke, a retired ATF special agent who now works as a freelance consultant for gun dealers, said the changes could lead to a decline in revocations by giving inspectors more wiggle room when deciding on penalties. “There needs to be discretion,” he said. “These changes are a move in the right direction.”

Now Mann and several other congresscritters want to make sure those changes are codified into law. The Rifle Act already a significant number of cosponsors in the House, as well as the support of groups like GOA and NRA. 

While Mann’s bill hopefully won’t be necessary over the next four years, there’s no guarantee that we won’t have an acting (or permanent) director decide to go rogue and reinstitute this policy. There’s also nothing stopping the next anti-gun president from demanding the ATF return to its “zero tolerance” ways in the future. 

The RIFLE Act, however, would erect a barrier of protection for federally licensed firearm dealers all around the country and ensure that hard working men and women don’t lose their livelihoods because of an inadvertent and minor clerical error. It might not be one of the most urgent pieces of legislation this session, given the ATF’s reversal, but it’s still an important step towards protecting FFLs and the firearms industry in the future.