Last year, under the final year of former President Joe Biden’s term in the White House, a fact sheet released by the Bureau of Alcohol, Tobacco, Firearms and Explosives painted a bleak picture for the lawful and highly-regulated firearm industry. The updated data and figures included in the report (which covered 2023) came after the former president announced the implementation of his administration’s infamous “zero tolerance” policy towards firearm retailers, which began in 2021.
NSSF used words like “devasting” and “daunting” to describe the impact of the ATF’s policy.
In this recent report – representing data from 2024 – the picture painted is even more concerning for federal firearms licensees and shows why the turning of a page from the former president to the new Trump administration is such a welcome change at exactly the right time.
President Trump announced through ATF and the Department of Justice the elimination of the so-called “zero tolerance” policy at the beginning of April. NSSF praised that decision, as the ability of the lawful firearm industry to remain in business allows law-abiding Americans to exercise their Second Amendment rights.
Last Year’s Numbers
The ATF released updated data for inspections, warning letters and revocations of federal firearms licenses. Those are the typical actions taken after ATF visits an FFL for an inspection. Typically, and prior to the Biden administration’s crushing policy, minor clerical errors, such as transposing a serial number or missing a date on an ATF Form 4473, were treated as such – minor – and corrected with no serious penalty or consequence. They were annotated for corrective action with ATF inspectors instructing firearm retailers on how to stay within regulations and laws. These are not “willful violations,” nefarious retailer behavior or actions of blatantly breaking the law or putting public safety at risk.
According to ATF’s updated fact sheet, the firearm industry regulatory agency carried out 9,696 firearm compliance inspections last year. The majority of FFLs inspected, more than half at 54 percent, had no violations at all. However, hundreds of firearm retailers weren’t so fortunate.
All told, 195 FFL licenses were revoked, an almost 25 percent increase from 2023 – the year NSSF deemed devastating. ATF revoked 157 federal firearms licenses in 2023, 88 licenses revoked in 2022 and just five in the last six months of 2021.
In addition to the license revocations, more than 1,480 FFLs chose to surrender their license and shut their business doors completely after facing pressure and the significant cost associated with fighting a revocation hearing at which ATF is judge and jury and where it almost unheard for ATF to lose a hearing.. The number of surrendered licenses is truly staggering, considering 80 FFLs voluntarily surrendered their licenses in 2023, just 69 in 2022 and only 24 in the last six months of 2021. Surrendered licenses is the data point to focus on when looking to see how much harm the Biden-era “zero tolerance” policy inflicted on the industry.
The ATF report also shows there were 1,689 reports of violations, 721 warnings given for violations and 214 warning conferences as well.
New Era
In February, NSSF praised President Trump for his executive order announcing that his White House not only believed that the Second Amendment should be protected for all law-abiding Americans, but that once again this constitutional right was going to be revered. It made clear that the president’s stated promises throughout the campaign to all Americans will be kept and his word honored.
He followed through with that promise by directing the ATF and DOJ to rescind the “zero tolerance” policy that punished lawful and highly-regulated Federal Firearm Licensees (FFLs) for minor clerical errors. There’s new leadership at ATF, too with Acting Director Daniel Driscoll and Deputy Director Robert Cekada. They are joined by a new Assistant Director and Chief Counsel Robert Leider.
The ATF fact sheet showing 2024 figures is a crystal clear representation of why President Trump’s new administration is so welcomed by the firearm industry. FFLs, firearm manufacturers, distributors and retailers are highly regulated and owned and operated by proud, law-abiding Americans overwhelmingly wanting to do the right things for the right reasons while helping law-abiding Americans purchase and possess firearms to exercise their Second Amendment rights. They are the frontline defenders of those rights and of their communities to help keep them safe from criminals and those who should not be in possession of firearms. They, along with NSSF, are partners with ATF for Don’t Lie For the Other Guy to prevent illegal straw purchases of firearms and Operation Secure Store to improve security at firearm retailers.
Getting back to punishing criminals while allowing the firearm industry to do its job is the right approach. The former president was actively and unapologetically against that effort, after all he labeled our industry “the enemy.” President Trump and Attorney General Pam Bondi, however, are unabashedly focusing on enforcing our nation’s existing gun laws to make our communities safe again and for protecting the Second Amendment.
— Larry Keane
Lawrence G. Keane is the Senior Vice President and General Counsel for NSSF, The Firearm Industry Trade Association.
