With the incoming administration selecting a new cabinet and the directors of key government agencies, many of us are anxiously awaiting word of who will take the reins of the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives). While the Second Amendment community is generally in agreement there needs to be great deal of reform in the agency, some are calling for it to be outright abolished.
Of the areas the ATF is responsible for, firearms are by far the most visible and controversial. In fact, I don’t think any of us could name a recent action by the ATF where alcohol, tobacco or explosives was the subject. Firearms is also the only one of the ATF areas protected by the Second Amendment.
Certainly, the ATF has had many infamous incidents over the years. Ruby Ridge, Waco, and most recently the shooting of a Little Rock, AR airport director in his home during a pre-dawn raid. While none of the incidents resulted in the ATF or their personnel being found at fault, their decisions to use deadly force when myriad other options were available in all these cases have created calls for the ATF to be disbanded.
The mass collection of inventory and sales records from FFLs around the country by taking copies and photos of their A&D (acquisition and disposition) books, unrelated to investigations or audits, combined with their own admission of creating a database, albeit with alleged “limited” search capabilities, in violation of federal law, has only intensified these calls.
ATF has also been targeting FFLs with their new Zero Tolerance Policy where even minor, paperwork errors are considered “willful violations” and falsification of records, resulting in mandatory revocations of licenses. This has increased to now at least triple of historical revocations. The result is what the left-wing extremists have been trying to achieve for decades, a steadily decreasing number of retail firearms establishments.
Adding fuel to the fire has been their use of their own administrative reinterpretations of the National Firearms Act of 1934 and the Gun Control Act of 1968 to create new legal restrictions, without the authority of Congress.
Bump stocks are an excellent example of the issues within ATF. Unregulated for years even after numerous ATF evaluations, they were shoehorned into the NFA as a “machine gun” and outlawed. Owners were given a short grace period to turn them in. It took a United States Supreme Court decision in June 2024 to strike down the erroneous definition and administrative rule. Even with this decision, the ATF website still has the invalid Final Rule, How to Destroy, Small Entity Compliance Guide and Bump Stock Q&As with the outdated information, along with a short section on the Supreme Court ruling against it.
A fresh “Abolish the ATF” bill has been introduced in the House of Representatives, the previous one receiving no action. Yet even with a razor thin republican majority in the House and Senate, and a republican President, there is very little chance of this visibility bill ever seeing the light of day given the establishment entrenched RINO members.
Still, the abolish the ATF supporters are calling for the incoming President to administratively do away with the agency and divide their current responsibilities amongst other federal agencies and the states. Given the past abuses of constitutional rights, federal law and their own rules and regulations, call for abolishing the ATF are well founded. The issue beyond that decision comes from where the essential functions should go.
The most logical destination would be the FBI (Federal Bureau of Investigation) as it has the depth and investigative and administrative knowledge to handle the ATF’s current responsibilities. They already handle the background checks for FFL’s (Federal Firearms Licensees) through the National Instant Criminal Background Check System (NICS).
But as soon as you say FBI, you have to face the reality that the nation’s former premier law enforcement agency has become an anti-rights, anti-constitution, anti-freedom, anti-firearm, partisan haven whose motivation and investigations have made it the de facto hired muscle of left wing extremists. The FBI itself is facing calls for massive reform, reorganization and purging. Therefore, adding additional regulatory and enforcement responsibilities for a constitutionally protected right to an agency which has showed a clear distain for American rights would be a disaster.
Then again, any federal law enforcement agency under the Department of Justice would be just as disastrous given the DOJ’s partisan and selective targeting of anyone inside or outside the government who doesn’t think the way DOJ does.
While the President-elect has nominated strong and committed replacements as leaders of the DOJ and FBI, the establishment regulars are already rallying their forces to oppose them at every turn.
Pushing some of the responsibilities down to the states would also be a trainwreck. Anyone who has had to deal with the California Department of Justice, Bureau of Firearms (CA DOJ BOF), the state of Kalifornistan’s own state level version of the ATF (because the ATF doesn’t do what they need them to do) knows what a nightmare of bureaucratic nonsense they are. Every fringe level gun control concept they can dream up comes to life here and is administered with unwavering severity.
While several deep blue states have similar state level departments, imagine if every blue leaning state had their own mini-ATF to regulate firearms within their borders. Aside from a bizarre patchwork of conflicting laws from state-to-state, firearm sales and use would become a privilege based on your state of residence instead of a constitutionally protected right.
I would favor a reform approach, although that may be due to folks from my generation preferring to fix broken things instead of throwing them out. However, I fully acknowledge it will be a long, difficult struggle. The ATF didn’t get to the condition it is in today overnight, and it will certainly not be reformed overnight either. Even with strong leadership and executive support from the White House, it could take decades to realign the agency back into working with the firearms industry and the public on safety and regulations, instead of trying to crush and eliminate it.
Despite the best efforts of the left-wing anti-gun extremists, the Second Amendment, firearms, ammunition and the will to bear arms are not going away. Millions and millions MORE Americans are choosing firearms to protect their families inside and outside of their homes every year. Having an ATF administration that understands this and will refocus the agencies efforts on those who are actually doing harm should be the goal going forward.
Bob
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