DOJ, ATF repeal FFL inspection policy, begin review of 2 final rules

The U.S. Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives on April 7 announced the repeal of the Enhanced Regulatory Enforcement Policy and the review of final rule 2021R-08F, related to stabilizing braces, and final rule 2022R-17F, related to the definition of “engaging in the business” of firearms dealing.

The ATF's Enhanced Regulatory Enforcement Policy, aka the "Zero Tolerance" policy, was a strategy announced in 2021 that set more stringent criteria for industry operations compliance inspections to identify licensees with certain qualifying violations, according to an April 7 news release from ATF.

"As of today (April 7), this policy will be repealed, and Industry Operations inspections will no longer be held to these previously set guidelines," the release said.

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Additionally, DOJ and ATF plan to revisit the regulatory framework surrounding stabilizing braces (final rule 2021R-08F) and the definition of “engaged in the business” of firearms dealing (final rule 2022R-17F).

“This Department of Justice believes that the 2nd Amendment is not a second-class right,” U.S. Attorney General Pamela Bondi said in the release. “The prior administration’s ‘Zero Tolerance’ policy unfairly targeted law-abiding gun owners and created an undue burden on Americans seeking to exercise their constitutional right to bear arms — it ends today.”
“Today’s repeal of the Zero Tolerance Policy and the comprehensive review of stabilizing brace regulations and the definition of ‘engaged in the business’ marks a pivotal step toward restoring fairness and clarity in firearms regulation,” Acting ATF Director Kash Patel said in the release. “We are committed to working with all stakeholders to ensure our policies are balanced, constitutional and protective of Americans’ Second Amendment rights.”

The decision to review the stabilizing brace rule, which sought to reclassify certain firearms as short-barreled rifles, as well as revising the guidelines for determining who is considered "engaged in the business" of selling firearms, reiterates constitutional approaches to firearm regulations, according to the release.

The DOJ and ATF will conduct an in-depth review over the coming months and will engage in consultations with stakeholders, including gun rights organizations, industry leaders, and legal experts, according to the release. Further updates on the status of these reviews will be released in due course.


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