Two Virginia-based gun rights organizations have sued the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) over policy changes concerning federal firearms licensed (FFL) gun dealers.
Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) claim that the policy was rewritten to advance the Biden administration’s anti-Second Amendment agenda.
“This zero-tolerance policy towards lawful commerce guaranteed by the Second Amendment is just the latest example of this Administration weaponizing federal agencies against their political enemies,” GOA Senior Vice President Eric Pratt wrote in a statement on the organization’s website.
“It also is just one more compelling piece of evidence to support gun owners’ demands that Congress defund the ATF.”
The ATF didn’t respond to a request for comment from The Epoch Times.
In the lawsuit, GOA claims that the 2019 policy gave FFL holders some leeway when inspectors found minor violations and that the January 2022 policy takes a more stringent approach.
The lawsuit reads: “The 2019 AAP stated that ‘ATF may revoke a federal firearms license under appropriate circumstances’ ... the 2022 AAP states that ‘ATF will revoke a federal firearms license, absent extraordinary circumstances on initial violations.’”
GOA pointed out that in the past, the ATF looked for a history of violations that demonstrated “willfulness” by gun dealers before taking action. That has changed, the lawsuit states.
No Public Input Sought
GOA claims that the policy should be struck down because the ATF made the changes without congressional oversight or public input.Joining GOA and the GOF as a plaintiff is Morehouse Enterprises of Valley City, North Dakota, which does business as Bridge City Ordnance.
Bridge City Ordnance is facing the revocation of its FFL over five alleged record-keeping infractions. According to Bridge City, none of the alleged infractions resulted in an illegal gun transfer.
“Suspiciously, the ATF inspected Bridge City Ordnance right after the company joined GOA and GOF in a separate lawsuit challenging the ATF’s Ghost Gun Frame and Receiver Rule last summer. Litigation is ongoing in that case,” GOA spokesman Walter Smoloski wrote in a statement on the GOA website.
GOF spokesman Sam Paredes asserts that the Biden administration was using heavy-handed tactics to bully law-abiding citizens into giving up their Second Amendment rights.
Revocations Are Up
The ATF has been in a pitched battle with gun rights advocates. According to GOA, the ATF’s statistics from fiscal 2022 show the agency’s hostility.According to agency numbers, there were 3,806 violations reported in fiscal 2022 among firearm licensees, 606 warning letters issued, 131 warning conferences, and 93 revocations.
Meanwhile, Rep. Matt Gaetz (R-Fla.) has introduced the Abolish the ATF Act.
“The continued existence of the ATF is increasingly unwarranted based on their repeated actions to convert law-abiding citizens into felons. They must be stopped. My bill today would abolish the ATF once and for all,” Mr. Gaetz said when introducing the bill in January.
In 2021, when Democrats controlled both chambers of Congress, Mr. Gaetz co-sponsored a similar bill that sought to abolish the ATF. Presently, Republicans have the majority in the House.