The Biden administration has rescinded a controversial policy that mandated the revocation of federal firearms licenses for gun shops due to specific paperwork errors or discrepancies, adopting a "zero tolerance" stance. This reversal comes after a lawsuit filed by Michael Cargill, a Texas gun store owner and staunch gun rights advocate, who contended that the policy hindered firearm access and infringed upon the right to bear arms.
Cargill, supported by the Texas Public Policy Foundation (TPPF) and America First Legal, successfully challenged the 2021 rule. The policy stipulated that a Federal Firearms License (FFL) could be revoked for the first "willful" violation of certain provisions, including falsifying records like firearms transaction forms. While the rule aimed to curb gun violence, critics argued it penalized dealers for minor, unintentional paperwork mistakes. The TPPF cited examples such as mistakenly writing "USA" instead of the correct county name on a background check form.
Matt Miller, a senior TPPF attorney and lead counsel on the case, stated that the administration's zero-tolerance approach had severely impacted businesses, forcing many gun stores to close. He celebrated the reversal, noting that it reinstates prior enforcement guidance, allowing gun stores to operate without fear of repercussions for honest errors. Cargill, who previously won a Supreme Court case overturning a federal ban on bump stocks, highlighted the numerous ways paperwork errors can occur, likening the policy to shutting down a hospital for any mistake, regardless of its source.
