Issa, Ernst Re-Introduce Bill to Protect Law-Abiding Gun Shops from ATF Overreach

Washington, DC – Today, Congressman Darrell Issa (CA-48) and Senator Joni Ernst (IA) re-introduced legislation to protect gun store owners from onerous Biden-era gun control policies, which instigated the ATF to unfairly target small firearms businesses and the legal products they sell to customers.

The Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act, provides a safe harbor for law-abiding Federal Firearms License (FFL) holders – granting them the ability to correct minor clerical mistakes and insulating them from ATF retribution. The bill also increases due process protections for these businesses and establishes a retroactive reapplication process for those whose FFLs were unduly revoked. Senator Ernst earlier this week introduced the Senate companion of the FIREARM Act.

“The Biden Administration repeatedly undermined Second Amendment rights and weaponized federal agencies against law-abiding citizens and family-owned small businesses because they were part of the lawful firearms industry. This delivered a transparently unfair assault on the fundamental rights of Americans, and that’s why my friend Senator Ernst and I introduced the FIREARM Act. This bill prevents a repeat of that kind of government weaponization and puts in permanent safeguards for the future,” said Rep. Issa.

“The Biden administration’s zero-tolerance policy empowered gun grabbers in Washington to infringe on the Second Amendment and shutter small businesses,” said Senator Ernst. “Iowans spoke loud and clear in November that they were tired of bureaucratic overreach. My FIREARM Act disarms the out-of-control ATF and ensures that the rights of law-abiding gun owners are protected.”

“The firearms industry is a core enabler of our constitutional rights under the Second Amendment, as well as acritical component of our National Defense apparatus. As such, ensuring fair and transparent adjudication of licensing matters — to include a mechanism for voluntary disclosures and self-corrections — for federal firearms licensees is of paramount importance. FRAC applauds Representative Issa for his leadership on this issue and for spearheading this bold legislation, which aims to create accountability, transparency, and fairness in such adjudication process.” Travis R. White, President & CEO, Firearms Regulatory Accountability Coalition

“Congressman Issa’s ‘FIREARM’ Act will ensure that future administrations cannot weaponize the ATF as a political gun control tool for special interests,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Under the Biden administration, the firearm and ammunition industry witnessed the ATF being weaponized to carry out that administration’s extreme antigun policies. That damaged the cooperative relationships between firearm retailers, who are on the frontline preventing illegal straw purchases of firearms, and the ATF, which enforces laws to safeguard our communities. NSSF is thankful for Congressman Issa’s leadership to provide remedies that repair this necessary public trust in our federal agencies.”

Specifically, the FIREARM Act:

• Prohibits zero-tolerance ATF FFL policies
• Creates a safe harbor for self-reported violations and provides FFLs 30 days to correct violations that are not self-reported
• Requires ATF to work collaboratively with FFLs to fix violations
• Explicitly defines “willful” to mean a voluntary, intentional violation of a known legal duty achieved through specific intent or deliberate planning
• Gives FFLs the option of district court judicial review in cases of revocation
• Creates a license restoration process for stores impacted by the previous Biden Administration weaponization

Cosponsors: Reps. Claudia Tenney (NY-24), Randy Weber (TX-14), Derrick Van Orden (WI-3), Mike Collins (GA-10), Wesley Hunt (TX-38), Lauren Boebert (CO-4), Troy Downing (MT-2), Jeff Van Drew (NJ-2), Brett Guthrie (KY-2), Scott DesJarlais (TN-4), Gus M. Bilirakis (FL-12), Tim Burchett (TN-2), Cory Mills (FL-7), Michael Guest (MS-3), Pete Sessions (TX-17), David Kustoff (TN-8), Gabe Evans (CO-8), Scott Franklin (FL-18), Mary Miller (IL-15), Don Bacon (NE-2), Chuck Edwards (NC-11),Andy Biggs (AZ-5), Elise Stefanik (NY-21), Diana Harshbarger (TN-1), Ashley Hinson (IA-2), Clay Higgins (LA-3), and Anna Paulina Luna (FL-13). 

Industry support includes the National Shooting Sports Foundation (NSSF) and Firearms Regulatory Accountability Coalition (FRAC).

The bill text can be found here.

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