The Biden administration has reversed a much-criticized policy that required inspectors to revoke the federal firearms sales licenses for gun shops over certain paperwork errors or anomalies as part of a “zero tolerance” approach.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) voluntarily reversed the rule following a lawsuit by Austin, Texas, gun store owner Michael Cargill, an outspoken proponent of gun rights who argued the policy impeded access to firearms and was a barrier to the right to own firearms.
“I’ve literally, single-handedly castrated the ATF,” Cargill told Fox News Digital.
Cargill brought the case with the support of the Texas Public Policy Foundation (TPPF) and America First Legal.
Under the rule, which was issued in 2021 by the Biden administration, a Federal Firearms License (FFL) holder could have their license revoked the first time they “willfully” violate several provisions, including falsifying records, such as a firearms transaction form.
The rule was aimed at curbing gun crimes. However, critics say it’s been used to punish gun dealers for minor and honest paperwork mistakes. The TPPF cited random mistakes while filling out forms, such as writing “USA” in the field for “county” on a background check form.
Fox News Digital has reached out to the ATF.
Matt Miller, a senior TPPF attorney and lead attorney on the case, said the Biden administration’s zero-tolerance approach has been “devastating” to businesses.
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“Many gun stores have been forced to close due to the illegal terms of the old enforcement order,” he said in a statement. “The new order effectively restores the old enforcement guidance, which means gun stores don’t have to live in fear of honest mistakes.”
Cargill previously won a case argued before the U.S. Supreme Court that overturned a federal ban on bump stocks.
“There are 100 different ways for customers to make mistakes on the paperwork when you walk into a gun store,” he said. “In this terminology, if we were to allow them to go in and inspect hospitals, and they say ‘They made a mistake in the hospital.’ Whether it’s the doctor, the radiology, they made a mistake. We’re going to shut the entire hospital down. That’s insane.”
“No one does that. No other industry is put under that type of pressure,” Cargill added.
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