The big news this week from the ATF is it looks like they are finally going to start reversing some of the damage caused by the previous administration to our Second Amendment protected rights. In particular, the reversal of the Zero Tolerance Policy for FFLs, as well as taking a “comprehensive review” of the definition of ‘engaged in the business’ and the stabilizing brace regulations. While the new direction is important, it’s also critical to understand just how this happened in the first place.
Let’s start with an example of changing the definition. The latest and greatest pulling at the heart strings ploy is the gun control zealots claim, “Gun Violence is the NUMBER ONE cause of death for children today.” How many times have you heard left-wing anti-gun politicians, reporters and pundits use this line. Of course, it’s a lie.
How do they justify this? Easy, change the definition of “children”. Their so-called “research” included 18- and 19-year-olds in the definition of “children”, dramatically altering the results. Do you consider 18- and 19-year-olds children? No, they meet every other definition of an adult including the ability to vote, enter business contracts, join the military and get married, except when it comes to the gun control zealots wanting to influence the public. Change the definition to fit the lie.
Now let’s look at a statement from one of the no-gun-in-civilian-hands-is-a-good-gun organizations, Everytown.
“… Bondi is specifically attacking three things: ATF’s zero-tolerance policy for gun dealers who willfully violate the law, a rule that requires more gun sellers to get licensed and run background checks, and a rule that regulates deadly short-barreled rifles… “
The previous administration’s implementation of the Zero Tolerance Policy was directed at one thing, and one thing only. To shut down as many FFLs as possible. To do this, they changed the definition of “willful” to mean ANY paperwork error on the myriad of federal forms required to buy and sell firearms in this country. Even something as inconsequential as a single misspelled word was considered a “willful violation” and enough to get the dealer’s license revoked. And revoke licenses they did. In 2021 there were 134,516 FFLs, in 2024 that number had been reduced to 127,784
In this scenario, they changed the definition to fit the lie that thousands of rouge gun dealers were ignoring federal law and selling guns illegally.
Note there was also a side benefit in that all the firearm transaction records from dealers put out of business have to be sent to the ATF to be included in their computerized firearm registry database. Yes, it really exists, but more on that another time.
In regard to ‘engaged in the business’, the ATF changed the rules on who needed to get a Federal Firearms License (FFL) to sell a firearm. The new rules were so expansive, a single sale of a personally owned firearm for profit could result in a criminal charge. The objective was to force more people into obtaining a FFL so they must do background checks, aka a backdoor implementation of Universal Background Checks, making the transaction records available for the ATF registry.
In this scenario, changing the definition to fit the lie of “dealers” not doing background checks so practically every firearm sale would be subject to a background check and records collection.
Then of course we come to stabilizing pistol braces and what a convoluted story it is. Originally designed to allow a disabled combat veteran to continue to shoot, it was approved by the ATF and not classified as a short barreled rifle (SBR). The ATF then said the simple act of moving the brace from your arm to shoulder was a “redesign” and made it a SBR. Another ATF determination letter then said it was incorrect with the redesign designation. The ATF then came up with another proposed rule with a byzantine point system for determining if a stabilizing brace was in fact a pistol or a SBR, which then was withdrawn. Then they said braces were in fact rifle stocks and you could either pay the $200 tax and register it as SBR under the National Firearm Act (NFA) which comes with many restrictions, surrender or destroy the firearm, or remove and get rid of the brace – since simply having access to one while owning an AR pistol was considered “constructive possession” of a SBR. Since then, the courts have ruled the ATF rule was “arbitrary and capricious” and nationwide injunctions issued.
Let’s also recall that rifles of all kinds, including SBRs, are used in only about 3% of homicides nationwide. Handguns are most commonly used for the simple reason they are concealable. A pistol with a stabilizing brace is bulky, larger and heavier than a standard handgun and as difficult to conceal as a rifle.
But not letting facts get in the way, in this scenario they changed the definition to fit the lie that stabilizing pistol braces are SBRs and somehow more deadly than a pistol without one. Because of this they deserve to be taxed and regulated as a NFA item.
As you can see, the gun control community became the guiding influence of ATF policy during the previous administration. Given the creation of the White House Office of Gun Violence Prevention, a government funded and activist staffed gun control organization within the White House, it’s easy to see where all this came from. Fortunately, that group was disbanded shortly after the current administration took office.
This week also saw the announcement of a new task force. From Attorney General Pamela Bondi.
“The prior administration placed an undue burden on gun owners and vendors by targeting law-abiding citizens exercising their 2nd Amendment rights. The Department of Justice’s new 2nd Amendment Task Force will combine department-wide policy and litigation to advance President Trump’s pro-gun agenda and protect gun owners from overreach.”
This announcement signals a dramatic and welcome about face. Our government should be actively supporting and defending the Constitution and Bill of Rights, rather than trying to undermine it for their own purposes. While we may not agree with all the positions this administration takes, we are certainly in a far better place than we were with the last one.
It is also a reminder that our Second Amendment protected rights can be systematically eliminated bit by bit by bit until there is nothing left to defend. The only way to prevent this from happening is to stop electing people who are willing to take away our rights.
Bob
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