MIL-OSI USA: Risch, Crapo, Ernst Protect Lawful Gun Dealers from ATF

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US Senate News:

Source: United States Senator for Idaho James E Risch
WASHINGTON – U.S. Senators Jim Risch (R-Idaho), Mike Crapo (R-Idaho), and Joni Ernst (R-Iowa) introduced the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act to protect lawful citizens from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) “zero tolerance” policy. With the ATF’s rule, lawful gun dealers could lose their license and their business for a single, minor, clerical error. The FIREARM Act creates a safe harbor for lawful gun dealers at risk of having their federal firearm license (FFLs) stripped due to accidental clerical errors. FFL holders would be able to report accidental violations without of fear losing their ability to do business.
“The ATF wants to hold federal firearm license dealers to impossible clerical standards to make it harder to legally sell and buy firearms. This is the latest in the Biden administration’s war on your constitutional rights,” said Risch. “The FIREARM Act would protect lawful gun dealers from losing their license due to this overly burdensome rule and ensure dealers can report accidental errors without fearing a loss of their license, business, and livelihoods.”
“Overzealous bureaucratic rulings to punish law-abiding federal firearms licensees over minor paperwork infractions is the latest move in the Biden Administration’s efforts to trample on Second Amendment rights by any means necessary,” said Crapo. “We must give FFLs the ability to self-correct minor errors and collaborate with the ATF to prevent future errors without fear of federal retribution.”
“Biden’s ATF has had it out for gun owners since day one,” Ernst said. “For years, the Biden administration has cracked down on law-abiding gun dealers to advance its gun-grabbing agenda, even preventing small businesses from making a living. Rather than helping dealers comply with the law, Biden’s ATF has created more hurdles to legally sell guns, so it can turn around and revoke licenses for inconsequential, so-called ‘violations.’ While Joe Biden’s ATF has avoided critical oversight on its FFL abuse for over a year, I am proud to stand up for law-abiding Iowa gun dealers.”

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.