White House announces “Zero Tolerance” initiative for US firearm retailers

President Biden has set out a huge “Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety” that could affect US retailers.

The NSSF has called on firearm retailers to “… join the NSSF in order to take advantage of our compliance education, tools, and resources used by thousands of industry retailers and ranges to make sure they are in compliance with all federal, state and local laws and regulations that govern your business.”

The Strategy is detailed and comprehensive and looks to tighten up on gun dealers who aren’t complying with federal law that is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

Below is what the GTW team feels is the important information to take out of the White House statement:

Biden-Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety

President Biden believes that the surge in gun violence that has affected communities across the country over the last year and a half is unacceptable, and his Administration is moving to act with a whole-of-government approach as we enter the summer months when US cities typically experience a spike in violence.

The Biden-Harris Administration has announced a comprehensive strategy to combat gun violence and other violent crime. This strategy implements preventative measures that are proven to reduce violent crime, and attacks the root causes – including by addressing the flow of firearms used to commit crimes.

This strategy will use the Rescue Plan’s historic funding levels and clear guidance to help state, local, territorial, and tribal governments get the money they need to put more police officers on the beat – with the resources, training, and accountability they need to engage in effective community policing – in addition to supporting proven Community Violence Intervention programs, summer employment opportunities, and other investments that we know will reduce crime and make our neighbourhoods safer.

The strategy will also address the direct link between gun violence and the rise in violent crime by taking immediate steps to keep guns out of the wrong hands, including by strengthening ATF’s efforts to stem the flow of firearms used in crimes, and by launching multijurisdictional firearms trafficking strike forces to stop illegal gun trafficking across state lines.

Combined, the Administration’s comprehensive strategy will:

  • Stem the flow of firearms used to commit violence, including by holding rogue firearms dealers accountable for violating federal laws;
  • Support local law enforcement with federal tools and resources to help address summer violent crime;
  • Invest in evidence-based community violence interventions;
  • Expanding summer programming, employment opportunities, and other services and supports for teenagers and young adults; and
  • Help formerly incarcerated individuals successfully reenter their communities.

Now is the time to act. With the secondary consequences of the pandemic and the proliferation of illegal guns over the same period, we have seen increased violence over the past year and a half. Homicides rose 30%, and gun assaults rose 8% in large cities in 2020. The number of homicides in the first quarter of 2021 was 24% higher than the number of homicides in the first quarter of 2020, and 49% higher than in the first quarter of 2019. Black and brown Americans are disproportionately harmed by the direct and indirect consequences of gun violence.

As the President has repeatedly said, we are experiencing an epidemic of gun violence in this country. This violence robs us of loved ones and causes life-altering physical injuries. It causes lasting trauma, with cascading consequences for children, families, and communities. It steals our freedom, our sense of belonging and security, and has ripple effects for our economy.

The President continues to call on Congress to take action to end this gun violence epidemic. But he knows we cannot afford to wait a single day while lives are being taken, which is why he has already announced a set of initial actions to prevent gun violence – including toughening regulations on ghost guns and moving historically quickly to nominate a permanent ATF Director – in addition to the steps announced today as part of this strategy.

Stem the Flow of Firearms Used to Commit Violence

The Biden Administration is taking action to help stem the flow of guns into the hands of those responsible for violence by:

Establishing zero tolerance for rogue gun dealers that wilfully violate the law. Gun dealers across the country are regulated by federal law that is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Dealers that fail to comply with their obligations under the law create risks for all of us. Today, the Justice Department is announcing a new policy to underscore zero tolerance for wilful violations of the law by federally licensed firearms dealers that put public safety at risk. Absent extraordinary circumstances that would need to be justified to the Director, ATF will seek to revoke the licenses of dealers the first time that they violate federal law by wilfully 1) transferring a firearm to a prohibited person, 2) failing to run a required background check, 3) falsifying records, such as a firearms transaction form, 4) failing to respond to an ATF tracing request, or 5) refusing to permit ATF to conduct an inspection in violation of the law.

In addition, ATF will notify every firearms dealer whose license is revoked about how to lawfully transfer any remaining inventory, as well as the potential criminal consequences of continuing to engage in the business of buying and selling guns without a license. The prior Administration stopped this important notification practice that helps deter future unlawful activity.

Maximizing the efficacy of ATF resources to crack down on rogue gun dealers violating our laws. The Administration continues to call on Congress to increase funding for ATF to hire additional personnel necessary to increase the number of inspections and enforcement actions taken against dealers in violation of federal law. The President’s FY 22 budget request would allow ATF to add inspectors in every field division around the country. In the meantime, ATF is announcing the following actions to increase the efficacy of its existing, limited resources:

  • Better coordination with state and local officials with on-the-ground knowledge of which dealers are supplying firearms that show up at crime scenes. ATF has designated a specific point of contact in every field division for mayors, police chiefs, or other local leaders to report concerns about particular dealers’ compliance with the law. This information may provide valuable leads for ATF investigations and serve as a source of information that helps focus inspection resources on the places that need them most.
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  • Formalizing the use of data-driven prioritization of inspection resources. Starting today, ATF will make clear to investigators in every field division—through trainings and guidance—that when identifying inspection priorities they must consider a number of factors related to public safety, including the extent to which firearms sold by the dealer are later used in criminal activity; the time between the sale of a firearm and its use in a crime; the number of recoveries associated with shootings, domestic violence, and other violent offenses; and additional information developed by local law enforcement partners. This data-driven prioritization will allow ATF to target its limited inspection resources to ensure compliance with federal law.

 

  • Equipping states that have their own gun dealer licensing systems with data from ATF inspections. Sixteen states license or regulate firearms dealers themselves, and their inspection systems can be force multipliers in protecting public safety. Starting next month, ATF will begin sharing inspection data with these states so that officials there can determine whether to take their own steps to shut down dealers that fail to live up to their obligations under state law.

Launching multijurisdictional firearms trafficking strike forces. The Biden-Harris Administration recognizes that the federal government has a critical role to play in coordinating multijurisdictional enforcement efforts to stop the illegal flow of firearms across state lines. Yesterday, the Justice Department announced that it is launching five new law enforcement strike forces focused on addressing significant firearms trafficking corridors that have diverted guns to New York, Chicago, Los Angeles, the Bay Area, and Washington, D.C. These strike forces, which will launch within the next 30 days, will be led by designated United States Attorneys who will coordinate not only with ATF but also with state and local law enforcement partners in places where firearms originate and where they are used to commit crimes. The strike forces will share information and otherwise coordinate their efforts across districts where firearms trafficking schemes cross state or jurisdictional boundaries. As part of this effort, ATF is issuing a best practice guide for law enforcement agencies that will include specific questions that officers should ask unlawful firearm possessors to help identify sources of trafficked crime guns.

Providing the public with additional data to promote transparency and accountability in enforcement of federally licensed firearms dealer policies. ATF will publicly post more detailed information about inspection findings and enforcement actions. For the first time, this publicly posted data will be disaggregated to show the number of inspections conducted in each field division, the number of inspections that identified violations, and actions taken by ATF to implement the wilful-violation policy discussed above (including any application of the extraordinary circumstances exception). This data will promote transparency and accountability for the enforcement of our existing gun laws.

Stemming the proliferation of “ghost guns” and modified firearms. During the April address in the Rose Garden by the President and Attorney General, the Justice Department announced that it was beginning the rulemaking process to help stop the proliferation of dangerous firearms that are currently circumventing our gun laws. The Justice Department has since issued two proposed rules to follow through on this commitment. First, the Justice Department issued a proposed rule to help address the proliferation of “ghost guns,” which are homemade firearms that are increasingly ending up at crime scenes and often cannot be traced by law enforcement due to the lack of a serial number. Second, the Justice Department issued a proposed rule to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barrelled rifle subject to the requirements of the National Firearms Act. Modifying a pistol with an arm brace can make a firearm more stable and accurate while still being concealable.

Convening state legislators and Attorneys General regarding policy strategies to hold gun dealers and manufacturers accountable for their contributions to the flow of crime guns. The President continues to call on Congress to repeal the Protection of Lawful Commerce in Arms Act (PLCAA), which gives gun dealers and manufacturers special immunity from certain liability for their products. In the meantime, the White House will convene state legislators and Attorneys General to discuss strategies for enacting and employing state liability laws that can be used to hold dealers and manufacturers accountable for improper conduct not covered by PLCAA.

These actions are part of the Biden-Harris Administration’s comprehensive strategy to reduce gun violence through executive action and legislation. For example, earlier this month the Justice Department issued model state “red flag,” or “extreme risk protection order,” legislation. Extreme risk protection order laws allow family members or law enforcement to petition for a court order temporarily barring people in crisis from accessing firearms if they present a danger to themselves or others. The President urges Congress to pass an appropriate national “red flag” law, as well as legislation incentivizing states to pass their own versions of these laws.

The President again strongly urges the Senate to ban assault weapons and high-capacity magazines, and pass the three House-passed, bipartisan pieces of legislation which would strengthen our gun background check system.

You can join the NSSF through the below link:

https://www.nssf.org/membership/

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