DOJ and ATF Repeal FFL Zero Tolerance Policy

Following President Trump's Executive Order instructing Attorney General Pam Bondi to examine government actions that infringe upon Americans’ Second Amendment rights, especially those enacted by the Biden administration, the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have repealed a Federal Firearms Administrative Action Policy known as the Zero Tolerance Policy.

The Biden-era Zero Tolerance Policy means different things depending on who you ask. Anti-Second Amendment activists say the policy called for revoking the licenses of firearms dealers found willfully committing serious violations. Meanwhile, many say the policy was a conduit for abuse, opening the door for the government to shut down Federal Firearms Licensees (FFL) over minor clerical errors discovered during inspections.

“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,” said Acting ATF Director Kash Patel. “We are committed to working with all stakeholders to ensure our policies are balanced, constitutional and protective of Americans’ Second Amendment rights.”

"This reckless policy throttled small businesses and drove many to shut down by threatening crippling administrative costs to fight against penalties for minor errors and infractions that were previously reconciled in good faith between ATF officials and law-abiding firearm retailers," Lawrence G. Keane, senior vice president of the NSSF, said in a statement.

The repeal was announced on April 7th, following a series of DOJ actions that included hiring professor and Second Amendment scholar Robert Leider as ATF Chief Counsel and Assistant Director, putting the brakes on acting U.S. Attorney Michael Simpson’s argument that silencers are not protected by the Second Amendment, repurposing ATF personnel to aid the FBI at the border, opening an investigation into the Los Angeles County Sheriff Department over CCW delays, and reinstating the Second Amendment rights restoration provision for the first time since 1992.

“For years, the Zero Tolerance Policy has been a tool of political retribution—targeting gun stores and Americans who were simply trying to exercise their rights. We applaud President Trump, Attorney General Bondi, and Director Kash Patel for listening to gun owners and taking action to repeal this abusive policy. This is what pro-gun leadership looks like,” Erich Pratt, Senior Vice President of Gun Owners of America said in a statement.

The Zero Tolerance Policy directly impacts FFLs, but sources say Attorney General Pam Bondi and Acting ATF and FBI Director Kash Patel are also reviewing the “ Stabilizing Brace Rule” and the “ Engaged in the Business Rule,” which targets citizens selling personal firearms in private transactions.

A similar review could also stifle the recently adjudicated Bondi v. VanDerStok ruling. While most Second Amendment advocates looked upon the Supreme Court’s decision unfavorably, the fact that we are dealing with a “rule” rather than a duly legislated law means Bondi may thank the Court for their opinion but render it moot by repealing the “ Frame or Receiver Rule.”

Sound off in the comments below if you think recent actions taken by the Department of Justice and the Trump administration are steps in the right direction leading to further strengthening of the Second Amendment, or if you see them as easily reversible by a future administration without legislative support.