The Biden administration has reversed a much-criticized policy that required inspectors to revoke federal firearms sales permits for gun shops because of certain paperwork errors or discrepancies, as part of a “zero tolerance” approach.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) voluntarily rolled back the rule after a lawsuit by Austin, Texas, gun store owner Michael Cargill, an outspoken gun rights advocate who argued that the policy hindered access to firearms and created a formed a barrier. to the right own firearms.
“I literally single-handedly neutered the ATF,” Cargill told Fox News Digital.
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FAR-15 style rifles are offered for sale in a gun shop. (Reuters/Bing Guan)
Cargill brought the case with support from the Texas Public Policy Foundation (TPPF) and America First Legal.
Under the rule, which was issued by the Biden administration in 2021, a federal firearms license (FFL) holder could have his license revoked the first time he “willfully” violates several provisions, including falsifying records, such as a firearms transaction form.
The rule was intended to reduce gun crime. However, critics say it is being used to punish gun dealers for minor and honest paperwork errors. The TPPF cited random form-filling errors, such as writing “US” in the field for “province” on a background check.
Fox News Digital has reached out the ATF.
Matt Miller, a senior TPPF attorney and lead counsel on the case, said the Biden administration’s zero-tolerance approach has been “devastating” for businesses.
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Semi-automatic shotguns go on sale on the shelves of the McBride Guns Inc. store in Austin, Texas on August 25, 2023. (Brandon Bell/Getty Images)
“Many gun stores have been forced to close due to the illegal terms of the old injunction,” he said in a statement. “The new order effectively restores the old enforcement guidelines, meaning gun shops don’t have to live in fear of honest mistakes.”
Cargill previously won a case that went to court US Supreme Court which overturned a federal ban on bump stocks.
“There are a hundred different ways customers can make mistakes on paperwork when you walk into a gun store,” he said. “In this terminology, if we allowed them to inspect hospitals, they would say, ‘They made a mistake in the hospital.’ Whether it’s the doctor or radiology, they made a mistake. We’re going to close the entire hospital. That’s crazy.”
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“No one does that. No other sector is put under such pressure,” Cargill added.
