Rep. Darrell Issa and Sen. Joni Ernst just reintroduced the FIREARM Act, aiming to stop ATF overreach against law-abiding gun dealers.
The bill—Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune—creates safe harbor for clerical errors by Federal Firearms Licensees (FFLs) and reins in heavy-handed enforcement.
Issa blasted Biden-era ATF tactics, calling them “a transparently unfair assault” on Second Amendment rights and small businesses.
Ernst echoed that sentiment, saying, “My FIREARM Act disarms the out-of-control ATF and ensures that the rights of law-abiding gun owners are protected.”
The bill bans the ATF’s zero-tolerance policies. It gives gun dealers 30 days to fix non-willful violations and defines “willful” more narrowly. It also allows judicial review of license revocations.
NSSF and FRAC, two major firearms industry groups, back the bill. They say it restores due process and protects retailers from political weaponization.
Specifically, the FIREARM Act:
- Prohibits zero-tolerance ATF FFL policies
- Creates a safe harbor for self-reported violations and provides FFLs 30 days to correct violations that are not self-reported
- Requires ATF to work collaboratively with FFLs to fix violations
- Explicitly defines “willful” to mean a voluntary, intentional violation of a known legal duty achieved through specific intent or deliberate planning
- Gives FFLs the option of district court judicial review in cases of revocation
- Creates a license restoration process for stores impacted by the previous Biden Administration weaponization
Under Biden, ATF revoked 157 licenses in 2023. Another 80 FFLs gave up their licenses rather than fight costly revocation battles.
Issa’s bill includes a retroactive reapplication process for FFLs who lost licenses under these now-defunct policies.
Trump’s DOJ killed the zero-tolerance rule earlier this year. Acting ATF Director Daniel Driscoll has since promised a more “fair and consistent” approach.
Issa’s FIREARM Act aims to lock in those changes and keep future administrations from reviving anti-gun enforcement policies.
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