Latest Moves to Rein In ATF Overreach are Welcome Blows Against the Anti-Gun Bureaucracy

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There really isn’t any line that anti-gun politicians won’t cross in order to undermine the Second Amendment. None. I remember several years ago when I was working for U.S. Senator Bill Roth (R-DE) – yeah, the Roth in Roth IRA – in his Wilmington office. There was a proposal to tax ammunition. This wasn’t the 11% excise tax we’re all familiar with, already pay, and never really see.

No, this was a tax designed to punish gun owners, to hurt them — significantly — right in their wallets. A couple of variations of this kind of tax were being considered or floated. If I remember correctly, the one at the time was either a 25% tax on handgun ammunition, or even a $0.25 per round tax.

I asked the Senator his opinion on an ammunition tax and his reply was quintessential Bill Roth. He looked at me and said, “It’s a tax. I’m against taxes.” He wasn’t concerned about the tax as an attack on the Second Amendment. He saw it as yet another attack on taxpayers.

Taxation is the primary weapon for politicians looking to take something away from citizens. The problem for them, however, is that new tax bills are harder and harder to pass as the majority of taxpayers are kind of tired of paying more and receiving little to nothing in return.

Knowing this, the Biden Administration sought to press its anti-gun agenda, in part, through overly aggressive enforcement by the federal firearm regulatory bureaucracy. By taking a zero tolerance approach to even the smallest clerical mistakes made by gun dealers, the Biden Administration would use ATF to strip retailers of their licenses to sell guns.

While this was pitched to the media and the public as zero tolerance, what they really should have called it was zero chance, as in there was virtually zero chance the agency wouldn’t be taking your FFL, because they were determined to find something. And that’s exactly how many retailers viewed it.

Fortunately, not every ATF agent doing FFL inspections was hellbent on pulling licenses and was willing to see simple clerical errors for what they were, unintentional minor mistakes that are easily rectified. In other words, they made a ‘no harm, no foul’ call.

Unfortunately, though, there were ATF agents who were more than willing to be weaponized by the agency’s leadership against FFLs lawfully conducting business. Maybe they saw this as a pathway to promotion within an administration that placed a lot of value on blindly following orders from the Autopen-in-Chief.

On Monday news came that the era of zero-tolerance was over. The National Shooting Sports Foundation heralded the announcement from the Trump Administration in Monday’s edition of Bullet Points.

NSSF praises the announcement today by the Department of Justice (DOJ) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that the agencies are doing away with the Biden-era “zero-tolerance” policy that punished lawful and highly-regulated Federal Firearm Licensees (FFLs) for minor clerical errors.

The administration’s announcement also noted that the Biden-era regulatory policies on “engaged in the business” and pistol stabilizing braces would be reconsidered. Both of which were viewed – rightly – as regulatory overreach by the agency on issues that should have been addressed legislatively by Congress.

Where exactly we go from here is hard to predict, but Monday’s announcement is a very good sign that government of the people, by the people, for the people hasn’t succumbed to the Biden-era alternative of government of the bureaucrats, by the bureaucrats, for the bureaucrats.

For right now it’s good riddance to some pernicious antigun regulatory overreach. We all know, however, that bureaucrats are going to bureaucrat because that’s the only thing they know how to do. And their turn will no doubt come again. Here’s hoping Revenge of the Bureaucrats doesn’t hit theaters anytime soon.

 

Paul Erhardt is the managing editor the Outdoor Wire Digital Network

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5 thoughts on “Latest Moves to Rein In ATF Overreach are Welcome Blows Against the Anti-Gun Bureaucracy”

    1. By that standard, there *are* no “anti-gun” politicians. They all want guns for *their* people, after all.

      That’s not a useful definition.

    1. I came here to say that the worse problem is the number of times that the courts (including SCotUS) have rubber-stamped (deference) the bureaucratic overreach.

      For that matter, the current administration is unforgiven about the bump-stock ban, even if Trump were to “reconsider” it. Some things you can’t give back.

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