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Unauthorized Seizure: ATF IOI seized customer information & off-site copied firearm licensee records against federal law.
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ATF’s Unreasonable Policy: Biden’s zero-tolerance policy leads to an uptick in gun store license revocations for minor errors.
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More Calls to Defund: Groups like GOA criticize ATF overreach, suggesting potential defunding as the correction.
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.
ATF Inspector Seizes Gun Store Records Without A Warrant
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
Things are definitely getting ugly, and if the ATF continues to abuse its limited authority, ugly will turn to dangerous in the not-too-distant future. Uncontrolled government overreach never ends well for citizens or for government. Even a kind, old dog will bite if he’s provoked beyond his tolerance.
They do what they do because We The Little Peeps acquiesce to their tyranny……none shot, heads on pikes….they continue unencumbered.
they show to do audit ,and local cops are good get a sherif there to oversee them, they try to take forms off to jail they go.
Biden and all of DC is making this country more and more communist with their actions…they all need to be removed from office..NOW!!!!!!
I got news for you, brother. This shit bee; going on since the inauguration of Abraham Springsteen In 1861! The infiltration of Communism got started in the 1840s when loads of European Marxist immigrated here! A lot of these insidious bastards fought in the war of Northern Aggression!
people need to search history!
So a Federal agent explicitly violated a Federal law, as well as his agency regulations. Violating agency regs ought to result in an administrative penalty, but when a Federal LAW is violated, shouldn’t Federal charges be brought? I’m waiting for an announcement of an indictment by the Garland justice department. I expect I’ll have a very, very long wait. And it also brings up a question – does the applicable law establish any actual penalties for those who violate it? There are a LOT of laws on the books requiring or prohibiting certain actions on the part of government, but… Read more »
Think of where you work……Can any of US be comfortable with violating company policy and still expect to keep our jobs?? Yet these bureaucratic mutts do it on the daily with zero repercussions.
Infuriating
It seems that their “company policy” is screw the little people, we are the government.
Such acts by the Government are evidence we live in a Police State.
ATF IO’s taking completed 4473’s & Dealer Acquisition / Disposition Books, aka, ‘bound’ book(s), off-site to ‘inspect’ has been going on for years. How do I know this? Personal experience as a Federally Licensed Firearms Dealer for years. The ATF is the least overseen of all the ‘alphabet’ Federal Agencies. They are the biggest threat to the 2nd Amendment that exists on our shores. That’s a fact, not an opinion.
I surely hope the IOI is prosecuted. I also hope the IOI did not alter any of those records removed from the FFL. This is the tyrannical government our forefathers warned us about.
Time to rid ourselves of many of these alphabet agencies, with the ATF and IRS at the top of the pile. Write to your congressmen and senators every day.
Few people realize that the atf was created by a memo from IRS to regulate Alcohol and Tobacco! Congress had nothing to do with it!
Sue, Sue, Sue!!!!!!
Where do you think the money comes from if you win? It comes from you!
Just about all of these lawsuits aren’t seeking financial damages except for coverage of attorney’s fees. They’re to re-establish Constitutional restraint on the ever reaching and growing tentacles of tyrannical government and it’s entities. But you go ahead and sit all of these battles out, lest it cost you a few dollars to support lawsuits against the gov’t.
and Iet some Iibby judge give the Fatf a win?
well, umm…
if you take something by force, illegally with a gun, it sounds like armed robbery.
“may I get you a band aid for that bullet hole in your head sir… sir?”
Are the republicans ever going to grow a set of balls? It is pathetic how weak they are. What do I expect from the RINOS and uniparty scum. There are enough regulatory that are all causing problems. They could be stop cold if de-funded. They could also impeach the pedophile grifter if they could find a spine and some testosterone.
Ditch Mitch
Yes he has to go just a shell of a human !
He was never anything more then a shell.
He’s just as bad a puppet as Pelosi and Biden.
F’em all.
The word about that, OV is this: If mitch steps down or passes or is totally incapacitated, His state governor can appoint his replacement. Bad thing about that is that Kentucky State is governed by a Demorat. You see how it all works out?
OV, Pretty sure he is. Right before his last freeze up a reporter was asking him about whether or not he planned to run. He barely got more than a grunt out and then froze.
If I understand correctly, the state legislature (republican majority) is in control of who is picked (3 names presented). Then the governer selects one out of the 3.
I hope that that is the case. Fox News just said that it was the guvs decision. Maybe there is hope after all.
Shouldn’t such rules be applied to far more dangerous tools? In other words shouldn’t Fedderman and Feinstein have been removed from office and barred from exercising any influence over laws and lawmaking for remainder of their lives?
I’m sure there are far more examples of legislators and other politicians who have demonstrated incompetence sufficient to trigger such rules.
Biden thinks he is our ruler. His attituded is, I am the government. I make the laws you must follow; however, I break them, whenever, wherever and however I want because I am king and you are my subject and you are not big enough to stop me with my F15s, drones and tactical nukes.
I am the Satan of the NWO and you can’t stop me.
We have a fat tyrant POS governor in Illinois that also thinks he is a King.
I will trade our lesbian that thinks she is a King or Queen for your fat POS and throw in a couple BLM and Antifags for a bonus if you are interested?
If suing the GOV had any effect this might stop.. we the taxpayers just foot the bill while our scum of earth politicians keep it up.
Ope,
This a little off topic today, but I just wanted to share with everyone the letter I received today from my District state rep.
Rep. Suzan K. DelBene1st District, Washington
2330 Rayburn House Office Building
Washington, DC 20515
(202) 225-6311
450 Central Way Suite 3100
Kirkland, WA 98033
(425) 485-0085
http://www.delbene.house.gov
&t=1693597602&ymreqid=e49ed5aa-db56-7456-1c76-9416b5019700&sig=tA7uFIZQqpDadwgbG3IC8A–~DWAYS AND MEANS COMMITTEE
Subcommittee on Tax
Subcommittee on Trade
Subcommittee on Oversight
Sept. 1, 2023
Thank you for contacting my office regarding the resolution to repeal the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) pistol ban (H.J.Res. 44). I appreciate hearing from you.
The United States experiences more gun violence and mass shootings than any other developed country. In 2022, there were 648 mass shootings and more than 44,000 deaths due to firearm-related incidents. The ATF is a law enforcement agency that investigates and prevents federal offenses involving the illegal use, manufacture, and possession of firearms in addition to other responsibilities. On January 13, 2023, the ATF published a final rule, which requires pistols with stabilizing braces to be registered and regulated as rifles under the Gun Control Act and the National Firearms Act. Stabilizing braces are firearm accessories that are designed to aid in firing and aiming weapons with one hand. Some are calling on Congress to rescind the ATF’s pistol brace rule.
H.J.Res. 44 would repeal the ATF’s rule requiring firearms with stabilizing braces to be registered. On June 13, 2023, the House of Representatives passed H.J.Res. 44, by a vote of 219-210. I voted against this resolution because I am committed to working to identify common-sense steps that we can take to prevent gun violence while also respecting the Second Amendment rights of law-abiding gun owners. I will continue to monitor the implementation of this rule, and will consult with law enforcement officials, mental health and public health experts, parents and families of victims of gun violence, educators, and law-abiding gun owners in order to craft gun control legislation that is responsible and effective. H.J.Res. 44 failed to pass the Senate.
Again, thank you for taking the time to express your thoughts and concerns. I invite you to visit http://www.delbene.house.gov to subscribe to my newsletter and follow @RepDelBene on Facebook, X (formerly Twitter), and Instagram to stay updated on my work in D.C. and my events at home in Washington. Please know that my staff and I stand ready to assist you if you require help with a federal agency, such as the VA, IRS, or USCIS. You can request casework assistance by visiting https://delbene.house.gov/constituent-services/casework/ or by leaving a voicemail with my District Office at (425) 485-0085. As always, my office is here to serve you, so please do not hesitate to contact us.
I just cannot believe the lack of honesty and concern by my elected congress person to the House. Plus, where the hell did she get this obviously hugely exagerated and gathered info? By her calculations there were over 2592 killings in mass shootings in 2022. PATHETIC!
Oldman — I hope you called her on her bullshit… and also explained to her that by virtue of the fact that shes a female, that she has no business being a politician…let alone voting…
Muahahaha… but all jokes aside, that’s when it started going awry. Right there..
@Boom, I really think I will call her on this for all the good it will do……….Don’t really know how to do it without making our position invalid, considering how I feel about her now, but have 2 more full days to figure it out.
No doubt you are right, Ope. I think I do need to tell her that the next time she runs for her seat that I and most, if not all, of her Patriot constituents will do our very best to see that she doesn’t win. Have a good one, Ope.
call her out by showing up at a rally and mak her look like a fool ,it helps her opponents
batfe is not even able, maybe not willing, or most likely, probably doesn’t care to follow the law by seizing the 4473’s and photocopying them offsite. they could have just made up bogus willful violations, revoked their license and gotten them the easy way. in reference to the spartan database making all the decisions for batfe, GIGO, garbage in, garbage out. section 119 is good. so, using batfe’s rational, they should have their organization dissolves because they have broken the law because they were supposed to know the law. and they got it in sections 130-158. if the people at… Read more »
Any judge assigned to the case would do well to order the agent into court to testify, and then have the court officers take him into custody for breaking the law.
Even if the ATF didn’t exist abolishing the agency would change nothing. This Administration would just have some other agency like the FBI do the same thing. The agencies would have no problem finding personnel within their agencies to do their bidding whether to keep their jobs or they also believe in big government power. Remember history, Hitler didn’t take power the common people gave it to him because not enough people would oppose him. Too many people dismissed his group as misfits that would go nowhere. A more modern example would be Venezuela. The people, especially the young, voted… Read more »
Rogue federal agents beget rogue federal agencies. Rogue federal agencies empowered by politicians of all parties beget a rogue federal government. Unless we reset our entire federal government by a Convention of States and remove from the hands of bureaucrats powers never granted to them we will see these kinds of unlawful and totalitarian actions. Pecking away agency by agency is an endless game of whack-a-mole. My friends in the gun rights lobby often fail to see the broader picture. That picture shows federal agents and agencies from A to Z unrestrained by law and empowered by an administrative state… Read more »
Back just before the 94 AWB was passed I know that the ATF was coping 4473 that had so called AW’s on them.
Complaints were filed but nothing ever was done.
Any violations ATF might find from that illegal search will be disallowed in a court of law as fruit from a poisonous tree. So why would ATF do this?
Since when did any democrat run entity obey any law? What is surprising is that not every gun dealer has not been subjected to the same lawlessness at least not yet.
Hunter or some other fine esteemed democRAT must have lied on one of their #4473 forms. So???
I don’t understand… how bout…, No. No, you’re not taking that paperwork… and leave. Right now…or face the extreme consequences…
….and when you come back…you better have two swat teams… because team 1 is getting….
So… just save yourselves, and don’t come back at all… it’s not worth it. ….for yall… do you really want your friends to get a red4 over a box of papers?
…..buuut nooo, that doesn’t happen… if we’re not ready to fight now, we won’t be able to fight when the tanks roll up, either…
Just say no.
(This comment is for entertainment purposes only)
Including the original ( ).
Ain’t he from Louisiana?
@ Ope, Chip Roy
@ Ope, well it says Texas…. but there used to be a lawyer here named Chip Roy…
It seems like all the lawsuits I’ve read about miss one thing,I don’t see the IOI listed as a defendant. Suing the government doesn’t do anything except cost the taxpayer money. These lawsuits have to seek jail time and heavy fines from the lowest level offender (e.g. the IOI in this case) so they have skin in the game.
Sorry Men, my comments are being evaluated prior to Posting; being it is Friday before the Labor Day Holiday they might be approved by Tuesday September 5 in which case this article will no longer be posted. So my comments in essence have been deleted and/or suppressed.
A while back I read an interesting fictional book by John Ross titled “Unintended Consequences”. It’s available on the internet as a .pdf download. Kinda’ long though! It talks about things the BATF is doing right now!
ABOLISH THE ATF, FBI,DOJ, AND THE IRS.
MY SON SAYS IT IS NO USE TRYING TO TALK TO POLITICIANS ABOUT OUR RIGHTS. I AM AFRAID HE’S RIGHT, WE NEED TERM LIMITS. i HEARD A POLL TODAY ON NEWSMAX” 85% OF VOTERS WANT TERM LIMITS”