Repeal of Biden’s “Zero Tolerance” Firearms Policy

The Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have taken decisive action by repealing the controversial “Zero Tolerance Policy” instituted under former President Biden. This policy, formally known as the “Enhanced Regulatory Enforcement Policy,” imposed stringent regulations on federal firearms dealers, which many Second Amendment advocates criticized as a means for the government to penalize dealers for minor paperwork errors.

Review of Additional Firearms Regulations

In addition to repealing the “Zero Tolerance” policy, the ATF and DOJ announced a review of two other significant regulations: the policy on stabilizing braces and the “engaged in the business” rule. This move, confirmed by Acting ATF Director Kash Patel and supported by U.S. Attorney General Pam Bondi, marks a significant shift towards restoring fairness in firearms regulation. Bondi highlighted that the previous policy unfairly targeted law-abiding gun owners and imposed unnecessary burdens on Americans exercising their constitutional rights.

Impact on Federal Firearms Licensees

The “Zero Tolerance” policy had been criticized for its aggressive enforcement tactics, which, according to the Second Amendment Foundation, often led to federal firearms licensees being put out of business for trivial paperwork errors. The repeal is seen as a major victory in reducing the harassment of these licensees, ensuring they can continue to operate without fear of losing their licenses over minor infractions.

Controversial Stabilizing Brace Rule

The stabilizing brace rule, which came into effect on January 31, 2023, classified pistols equipped with stabilizing braces as “short-barreled rifles,” subjecting them to more stringent regulations under the Gun Control Act of 1968 and the National Firearms Act of 1934. This rule has been particularly contentious, affecting millions of legal gun owners, including disabled veterans who rely on these braces. The current administration’s decision to review this rule has been met with approval from firearm advocates who view it as an overreach of regulatory powers.

Clarification of “Engaged in the Business” Rule

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The ATF’s “engaged in the business” rule, which expands the definition of who is considered a firearms dealer, is also under review. This rule, stemming from the Bipartisan Safer Communities Act, has raised concerns among Second Amendment groups about its potential to criminalize private firearms transactions and facilitate universal background checks.

The recent actions by the DOJ and ATF are being celebrated by gun owners and Second Amendment organizations as crucial steps towards ensuring the rights of Americans to bear arms are not infringed by overly burdensome regulations. These policy changes are seen not only as a win for fairness but also as a significant pushback against what many viewed as an unwarranted crackdown on the firearms industry under the previous administration.