The ATF reverses course on unjustly torpedoing FFLs? We reported to you how ATF was destroying local businesses and taking FFL licenses over things as simple as a single clerical error right here in Iowa. The Stanley Hunting Center was a victim and IFC brought you that news!
A recent story just broke with a win for FFLs. Be careful though, every policy position ATF takes, they tend to reverse. Maybe they were issued a pair of John Kerry’s flip-flops. Dunno. They’ve changed course multiple times on just about everything in recent years. Pistol braces, 80%, Form 1 kits, etc. You name it. My sincere hope is this policy change stemming from the suit erected and pursued by Michael Cargill, of Central Texas Gun Works, will do exactly what was intended. But, like everyone else, we’re leary.
The Texas Public Policy Foundation had this to say in THIS ARTICLE:
Together with the Texas Public Policy Foundation and America First Legal, Austin gun store owner Michael Cargill had sued the ATF over the “zero tolerance” approach. The Biden approach was illegal under the Gun Control Act, which only allows revocation for “willful” violations, and the Second Amendment, which protects the rights of Americans not only to own guns, but to purchase them, as well.
The new enforcement guidance reinstates the decades-long understanding that an honest mistake – like writing “USA” in the field for “county” on a background check form – is not a willful violation of federal law. “For purposes of the regulatory provisions of the GCA, the terms ‘willful’ and ‘willfulness’ mean a purposeful disregard of, a plain indifference to, or a reckless disregard of a known legal obligation. Willfulness requires fact specific application of law,” says the new guidance.
Amerca First Legal counsel, Nicholas Barry said this:
“The ATF seems to have looked at our lawsuit and revised its incorrect application of federal law just as the Court was about to decide this case, and I suspect it would not have gone well for the Biden Administration. This type of lawlessness cannot be permitted. The Biden Administration knew it wasn’t applying the law faithfully, and now that it is on its way out of office — after harming hundreds of FFL license holders, it changed course. This is intolerable to a society based on the rule of law,” said America First Legal counsel Nicholas Barry.
It might be premature, but it appears Michael Cargill is among my new heroes! From that very same article, he had this to say:
“Freedom wins today, and overreach has no place in a free society,” said plaintiff Michael Cargill. “Faced with defeat, the ATF decided to back down. With that my legal team has shielded all mom-and-pop gun stores in the country.”
This is a huge step, and we’re thankful and owe a debt of gratitude to Cargill and his team at Texas Public Policy Foundation and America First Legal. But the reality is this… ATF will continually overstep its boundaries. That is as certain as the sun rising in the East. The REAL fix for this is legislative and IFC has worked with the Senator Ernst Staff for over a year on a bill to cure this problem in code – something ATF won’t easily be able to ignore.
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