GOA files lawsuit to stop ATF from "zero tolerance policy" revoking FFL licenses

[old lady new shooter]

There is an ongoing case of a gun store owner named Morehouse against the ATF for I think the frames and receivers rule, which is moving up the ladder of venues. (Sorry to be so vague, but it's not the point of this post.) WHILE THE ORIGINAL CASE IS STILL IN PROCESS, ATF came to the store, made an examination, and is trying to revoke the license for a couple of paperwork violations, i.e. nothing like selling to a prohibited person, facilitating a straw purchase, etc. So GOA is suing ATF not only on behalf of Morehouse again, but on behalf of ALL FFL's.

G&G video reported but not much more than what I just wrote.

Here is the GOA press release:
https://www.gunowners.org/goa-and-g...erance-policy-for-federal-firearms-licensees/

And here is the complaint, which is extremely well-written IMO.
https://www.gunowners.org/wp-content/uploads/Morehouse-II-complaint-final.pdf

 

[lemaymiami]

As a former "good bureaucrat" (police career of 22 years, moving up through the ranks) - I found that "overzealous" and government seem to go together -all too often. Hope that suit is successful...

 

[CapnMac]

GOA and SAF are doing a good job of harrying ATFE at every turn on their procedures.
And, largely, all it will take is on or two of those suits to go "right" and the house of cards they have built will go the way of yesterday's clouds.

An FFL may be a "privileged person," but they remain a citizen of the US. The rule-making authority cannot up and change the rules just because they need to "make a case."

 

[gconang]

Biden is nothing but horrible corruption.

 

[orionengnr]

I have a local FFL who is also being persecuted (license being revoked due to "zero tolerance" on two or three very minor paperwork errors over a 20-year career).
I will forward this to him.
Hope this case goes well and the FFLs who have been/are being revoked will get their licenses re-instated.

 

[old lady new shooter]

GOA and SAF are doing a good job of harrying ATFE at every turn on their procedures.
And, largely, all it will take is on or two of those suits to go "right" and the house of cards they have built will go the way of yesterday's clouds.

An FFL may be a "privileged person," but they remain a citizen of the US. The rule-making authority cannot up and change the rules just because they need to "make a case."

They already lost on bump stocks and frames/receivers, next should be please G-d pistol braces, and this one certainly also deserves a win.

The ATF's "zero tolerance" policy along with trying to get rid of the law preventing suing manufacturers whose firearms are used unlawfully*, represent the PTB trying to destroy gun manufacturers and dealers, so that even if they can't take Americans' firearms they (imagine they) can prevent any more from being acquired.

*Note that they are attempting to get around that one by claiming the manufacturers' advertising promotes violence.

 

[old lady new shooter]

Hope this case goes well and the FFLs who have been/are being revoked will get their licenses re-instated.

To quote @230RN, "From your keyboard to G-d's ear!"

 

[old lady new shooter]

I have a local FFL who is also being persecuted (license being revoked due to "zero tolerance" on two or three very minor paperwork errors over a 20-year career).
I will forward this to him.
Hope this case goes well and the FFLs who have been/are being revoked will get their licenses re-instated.

Where is this FFL located please?

 

[old lady new shooter]

Washington Gun Law has an excellent discussion of the case at


Note that he starts by stating the same thing I said above, about the real purpose:

The ATF's "zero tolerance" policy along with trying to get rid of the law preventing suing manufacturers whose firearms are used unlawfully*, represent the PTB trying to destroy gun manufacturers and dealers, so that even if they can't take Americans' firearms they (imagine they) can prevent any more from being acquired.

*Note that they are attempting to get around that one by claiming the manufacturers' advertising promotes violence.

However, he states it much more succinctly, saying the anti's see they can't remove demand so they're trying to remove supply.

 

[old lady new shooter]

And GOA now put out a video about the case:

 

[old lady new shooter]

Outstanding discussion by Washington Gun Law, quoting extensively from the pleadings which are making an excellent case that ATF does not hold itself to anything even vaguely resembling the new standards being applied to FFLs. Very much worth watching. And I'm going to make an extra donation to GOA for their fantastic work on this.

 

[PzGren]

If we have a zero tolerance policy, there should be reciprocity. ATF issued an import permit for a 4" barreled S&W 422 in 2022 but denying me the import of a 6" barreled S&W 422 in 2023 on the ground that is not suited for a sporting purpose. My protest and reference to the previous import license number eventually led to success but this is one example that puts doubt in the qualification of ATF (Legal Instruments Examiners) to handle their business properly. Shutting ATF down over this would be as hilarious as revoking the FFL for a harmless clerical error.

 

[bernie]

I am not a lawyer, so correct me if I am wrong. Could they be trying to revoke his license because if the dealer does not have an FFL the court case becomes moot at that point? It is kind of like our inability to get the 18-20 year olds legally able to purchase a handgun, because by the time they get to court they are 21 years old and the lawsuit becomes moot.

 

[old lady new shooter]

I am not a lawyer, so correct me if I am wrong. Could they be trying to revoke his license because if the dealer does not have an FFL the court case becomes moot at that point? It is kind of like our inability to get the 18-20 year olds legally able to purchase a handgun, because by the time they get to court they are 21 years old and the lawsuit becomes moot.

Oooh. Excellent thought.