'Rogue' Gun Dealers Revealed: ATF Names Gun Shops That "Flout" Federal Laws

[TrappedinCalifornia]

I wasn't sure whether to put this here or in the FFL's Forum. However, since the ATF seems to have a new 'wall of shame,' given that the Biden Administration is still 'casting aspersions,' and since ATF claims that this will help 'the public' gain some insight into "how ATF handles inspections where significant violations are uncovered," I put it here.

'Rogue' gun dealers revealed: What to know as ATF names gun shops that flout federal laws

The nation?s gun regulator began naming publicly for the first time firearm dealers it says have flouted federal laws and will lose their license. The move is part of President Joe Biden's gun violence agenda, in which he has called such dealers "rogue."

Data from the Bureau of Alcohol, Tobacco, Firearms and Explosives now posted online identifies 93 federal firearm licensees that ATF inspections found have willfully violated portions of the Gun Control Act.

The crackdown on gun dealers has been decried by Republicans in both the House and Senate as a "radical anti-Constitutional agenda."...

"Congress, by law, gives ATF the responsibility to inspect firearms licensees. The information released today will assist the public in understanding how ATF handles inspections where significant violations are uncovered on the part of firearms licensees," wrote Dettelbach, who became the agency's first confirmed director in seven years last July...

The 'zero tolerance' policy was announced by Attorney General Merrick Garland in June as part of President Biden's push to crack down on gun trafficking. Biden signed an executive order this month mandating more public naming of gun dealers that break federal rules and called for the ATF to post inspection results.



...The National Shooting Sports Foundation, which represents gun manufacturers and shops, wrote recently that it opposes "weaponizing" the zero-tolerance policy by "naming-and-shaming" shops for what it described as minor clerical errors...

I only noted two, California shops from 2021 and 2022; ROCKLIN ARMORY INC in Rocklin and MONGREL TACTICAL EDC INCORPORATED in Los Banos.

You gotta love how NSSF labels "minor clerical errors" what the ATF described "significant violations" which The Trace claims 'sometimes allows guns to flow into the hands of criminals.' If you follow one of the links in the quote, you will find a 2/15/23 letter from Republican Senators and Congressmen to Attorney General Garland and ATF Director Dettelbach where they state (among a number of things)...

...That leads to an important question: how does this Administration, and its executive branch agencies, define the term "willful"? Furthermore, to what extent is this Administration willing to interpret the term "willful" to capture conduct that falls far below the well-defined threshold in law? Based on the statute's wording, such minor typographical errors do not constitute grounds to revoke a FFL...

[bwiese]

This is just the concentration & promulgation of the last decade or so
of quietly-occurring ATF policy.

FFLs - usu run by older guys & who were not computerized - misplace a
4473, or someone forgot to sign something, etc. [ATF for at least awhile
was holding FFLs liable for trivialities like not writing "...County" at the end
of the County name, for example.]

It appears that ATF allows 1-2 ? of these trivial violations. Any more they
start plucking FFLs. At the very least, the FFL needs an expensive lawyer
in Federal practice and knowledge of ATF policies to even try to fight and
keep the license under restriction.

Some of these are 'fixable' in the sense that if they can find the guy who
didn't fully fill out the form, and have him come in (free box of ammo!)
to complete & sign the form, problem can be alleviated. But unfixable
ones accumulate and there is a low threshold.

Woe be to the old FFLs that have boxes of 4473s in the musty ol' basement
and a box gets misplaced, tossed, etc. [I know of one FFL who lost his,
recovered it when he got a variance by putting his son as primary on FFL;
the dad was just allowed to sell/show guns but not complete the paperwork.
When they found out the son had a full time job and was at shop only for
a few hours a week, they pulled the FFL ticket completely. They were lucky
they didn't get charged with false statements stuff too.]

ALL FFLs, esp in CA, should...

• use computerized records w/software from a known, quality vendor;
  
  
• electronic records backup should be doubly done and stored offsite
  frequently. Ideally these 'transaction logs' should be able to be 'played
  back' into the software - even a later version! - to reload the system
  in case of a crash.
  
  The computer used for this should NOT be used for ANY other use (web
  browsing, email, etc.) and should only be used for ATF/DOJ submissions.
  
  
• a printed record of transaction & 'bound book entry' should be saved
  and stored offsite;
  
  
• every completed form - online-only or printed - completed by purchaser
  should be reviewed by TWO SETS of eyeballs to avoid omissions/clarity
  issues!

Remember, noncompliance with a state law can also be used against an FFL - so the same
quality-of-recordkeeping stances apply as they do to the Fed recordkeeping, and even if the
state itself were a bit relaxed to some aspects of it. Treating all records as of equal priority
allows longterm consistent discipline & staff training.

Hell, it almost makes sense for an FFL to 'close the books' and re-open under
another name/entity variation periodically so any issues are cancelled and
there is a periodic fresh start.

[SkyHawk]

Rocklin Armory is on the "voluntarily ceased operations after inspection" list

Also interesting that half of dealers they tried to revoke won their appeal after a hearing.

[Dan_Eastvale]

ATF is furious the current legal decisions supporting the 2A and rejecting more gun control

House election resulted in a huge roadblock

Going to focus more on Alcohol and Tobacco now?

[pacrat]

Since the GCA-68 says a license can be revoked for "WILLFUL VIOLATIONS". And BRANDONs Anti-2A EO. Told ATF to CRACK DOWN on all FFLs, with ZERO TOLERANCE

ATF has gleefully started their typical intentional misrepresentation of GCA-68. And with Brandons blessing is construeing even the slightest clerical error, as a WILLFUL VIOLATION. And is publicly DOXING and intentionally damaging their reputations, and businesses.


IMHO, IN THE SPIRIT OF EQUALITY AND FAIRNESS.

JUST MAYBE, IT IS TIME TO DO;

"YOUTUBE AUDIT TYPE ATTACKS ON ATF AGENTS, DOING AUDITS ON FFLS".

PUBLICLY DOXING AND EMBARRASSING THEM FOR MILLIONS OF VIEWERS TO RIDICULE.

[pacrat]

ATF is furious the current legal decisions supporting the 2A and rejecting more gun control

House election resulted in a huge roadblock

Going to focus more on Alcohol and Tobacco now?

Right now, there are ongoing Congressional Investigations. Over Brandons blatant WEAPONIZATION of ATF AGAINST 2A.

And it not looking good for ATF in the public eye.

NOT A WORD in the LEFTIST Bias Stream Media.

I am a bit concerned that there have been no threads covering those Congressional ATF GRILLINGS. Considering that there are dozens of hours of You-tube coverage.

https://www.youtube.com/results?search_query=ATF+congression+hearings

[TrappedinCalifornia]

Interestingly, from March of 2021 via The Trace... The ATF Catches Thousands of Lawbreaking Gun Dealers Every Year. It Shuts Down Very Few...

...The ATF is facing intense scrutiny as the Senate considers President Joe Biden?s pick for the agency?s first permanent director in six years. The confirmation of David Chipman, a former ATF agent who has advocated stricter gun laws, is unfolding against a backdrop of public anguish over mass shootings and a renewed determination from the White House to clamp down on easy access to firearms.

In one of the most sweeping examinations of ATF inspection records, The Trace and USA TODAY found that the federal agency in charge of policing the gun industry has been largely toothless and conciliatory, bending over backward to go easy on wayward dealers like Uncle Sam?s ? and sometimes allowing guns to flow into the hands of criminals.

Gun industry lobbyists have fought for decades against tougher oversight by casting gun dealers as among the most heavily regulated businesses in the U.S. But The Trace and USA TODAY?s review found that dealers are largely immune from serious punishment and enjoy layers of protection unavailable to most other industries...

Current and former ATF officials say the light regulatory touch is at least partly a reflection of Congressional restrictions on the agency?s enforcement powers. Some also say the ATF has increasingly adopted an industry-friendly approach to lessen the risk of a backlash that could lead to budget cuts or additional limits on its authority...

The ATF is the main line of defense against firearms leaking out of legal streams of commerce and into the black market. The agency?s weaknesses have prompted Illinois, New Jersey, and a handful of other states to create their own gun store inspection programs...

Of all the inspections during that decade, at least a third ? 35,500 ? found dealers had broken state or federal firearms laws, the agency data shows. More than 81 percent of violators received no penalty or a written warning. The ATF sought revocation of only 580 violators, or 1.6 percent...

The most common violations cited by the ATF were for gun sellers failing to acquire customers? personal details, omitting information required on federal forms and not keeping proper inventory and sales records, according to the reports analyzed by The Trace and USA TODAY.

Former ATF officials and gun dealers said such violations are usually innocent mistakes stemming from the labyrinthine rules governing gun sales. But even seemingly minor paperwork errors can indicate a dealer?s involvement in more serious forms of lawbreaking, or can stymie law enforcement investigations into major crimes...

Former ATF officials attributed the agency?s permissive regulatory approach to longstanding staffing and funding shortages as well as federal laws that shield the gun industry from accountability. Over the last 35 years, gun groups have successfully pressured Congress to limit the frequency of inspections, restrict the ATF from consolidating and computerizing records, and make it more difficult for the agency to take dealers? licenses away...

The National Shooting Sports Foundation, the gun industry?s trade group, works with the ATF to educate license holders about how to stay within the bounds of the law and prevent illegal trafficking...

But Rich Marianos, a former ATF assistant director, said the foundation is committed to keeping regulation as weak as possible. In 2020, it spent $4.5 million on lobbying, more than twice as much as the National Rifle Association, which spent $2.2 million, according to OpenSecrets.org, a nonpartisan research group that tracks money in politics.

"They?re like the NRA," Marianos said. "Never once have they said the ATF needs more money, help, support or resources."

Oliva disputes that characterization. He provided confidential records of the group?s lobbying of Congress in recent years to add millions for ATF?s licensing system and millions more to improve criminal background checks at the Department of Justice...