Posted on 09/05/2023 3:13:57 AM PDT by COBOL2Java
A Florida-based Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Industry Operations inspector (IOI) seized a federal firearms licensee’s (FFL) completed ATF Form 4473s and bound book to take off-site to make copies violating federal law. The IOI would return the documents a week later.
Last week, Kiloton Tactical joined a coalition of FFLs led by Eric Blandford of the Iraqveteran8888 YouTube channel and vowed to sue the ATF over the Biden Administration’s zero-tolerance policy for FFLs. The lawsuit has now been filed with the illegal actions of the IOI front and center in the complaint.
According to 18 U.S.C. 923(g)(1)(A), FFLs must maintain records such as a bound book and copies of the ATF Form 4473, which Kiloton Tactical did maintain. During an inspection, an IOI is able to look over records for policy violations but does not have the authority to inspect the documents off-site. This action is expressly prohibited by 27 CFR § 478.23(cd).
The statute reads:
“The inspections and examinations provided by this section do not authorize an ATF officer to seize any records or documents other than those records or documents constituting material evidence of a violation of law. If an ATF officer seizes such records or documents, copies shall be provided to the licensee within a reasonable time.”At the time of the seizure, no wrongdoing was suspected. The IOI insisted he was within his legal rights to remove the documents from the store. The IOI’s deviation put him at odds with federal law.
The ATF’s IOI handbook doubles down on forbidding an IOI from removing records from a business. The ATF has been slow to release the IOI handbook to the public, and when they finally did, the document was heavily redacted. AmmoLand News acquired an unredacted copy of the guide from our sources inside the ATF. Every IOI is responsible for knowing the policies laid out in the handbook, but the ATF employee ignored page 10 of the handbook, which expressly prohibits IOIs from making any seizures.
Later in the same guide, the ATF states that all inspections should be done at the FFL’s location. There is no exception for carrying out an inspection of records off-site. The IOI in question violated the ATF’s own policies and violated federal law. To many, this is just another example of a lack of training for ATF employees. Others believe that ATF employees think they are above the law due to a culture of government overreach.
The Biden administration has empowered the ATF to shut down gun stores for small clerical errors. President Joe Biden claims the new zero-tolerance policy only affects “rogue gun dealers,” but in practice, many more small gun stores are being targeted. FFL revocations are up between 350% and 500%, rising to a 17-year high.
IOIs no longer have the discretion to determine whether a violation is willful. Instead of revocation being the last option, it is becoming the default action by the ATF over minor errors. The zero-tolerance policies have significantly impacted the firearms market, decreasing the number of gun stores across the country and ending the livelihood of not only the stores’ owners but also the employees of the businesses.
One organization that has sounded the alarm against the ATF overreach is Gun Owners of America (GOA). GOA has a lawsuit of its own in North Dakota against the zero-tolerance policy. GOA Senior Vice President Erich Pratt has pledged to help the FFL Coalition’s efforts in any way possible.
“The ATF is out of control, and both Congress and the Courts have an obligation to rein them in! GOA fully supports the FFL Coalition’s efforts to halt the weaponization of the ATF, and thus protect honest gun dealers around the country,” Pratt told AmmoLand News. “Left unchecked, Biden’s Zero Tolerance policy will cripple the gun industry and make it virtually impossible for law-abiding Americans to purchase firearms and exercise their rights.”The actions of the IOI show the agency’s problems are systemic and highly politicized, leaving us with one solution: defund the ATF.
Welcome to North Korea.
Ping
Brojoek supports this government action as ffl”s are governments business and these gunshops are on government property.
This appears, at first glance, to be completely illegal. The Federal agencies under Biden are becoming unbound. Corruption reigns.
I wish also that a cease and desist order could be levied against the ATF until such time as it could prove to the courts that its officer fully understand their duties and that disciplinary action will be taken for any further violations.
It is the way totalitarian regimes are created.
We are already in banana republic territory.
This crap needs to be halted. Now.
The punishment upon conviction for crimes such as the ATF committed should include flogging.
Where are the House Republicans on this? Writing letters, I’m sure.
Jack booted thugs...along with the DOJ, IRS and FBI, the ATF is out of control.
Really mean letters, maybe even resorting to all caps!
We’ve been without a range for over 3 years. I refuse to go into gun-hating, crime-riddled, Memphis.
They will do this as long as it’s tolerated. No push back from the politicians paid to protect our rights. They push to see what happens. When nothing happens they push more.
Might not hurt to throw a “sternly worded letter “ in there somewhere too.
Lincoln instituted the start of the U.S. becoming a banana republic 160 years ago. I dont even know what a republican is anymore.
bttt
Bookmark.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.