The Kansas Constitutional

U.S. Rep. Tracey Mann introduces bill to protect Federal Firearms Licensees

Photo by Karolina Grabowska: https://www.pexels.com/photo/weapons-on-a-table-5202438/

U.S. Rep. Tracey Mann (R-KS 1) introduced the Reining in Federal Licensing Enforcement (RIFLE) Act on Friday. The 18-page bill would protect Federal Firearm Licensees (FFLs) from being forced out of business by President Biden’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Furthermore, under Sec. 5 of the bill, former licensees whose licenses were revoked will be up for reconsideration in light of new rules defining “willfulness” when it comes to willfully violating the law. Under Sec. 4 of this bill, “willfulness” is defined as the following:

‘‘(A) had actual knowledge of a clearly established legal duty;
‘‘(B) understood the obligation imposed by the legal duty; and
‘‘(C) engaged in the conduct knowingly and in deliberate disregard of the legal duty.”  

Furthermore, certain evidence would not be admissible when determining “willfulness” including:

  • Signed acknowledgments that a person understands their legal obligations;
  • Substantial experience as a licensee, or has in other instances, successfully complied with this chapter.

“Since President Biden can’t just do away with the Second Amendment, he’s turned to shutting down our local gun stores,” said Rep. Mann. “President Biden’s ATF has been going to great lengths to shut down small and mid-sized gun stores across Kansas and the country. Its zero-tolerance policy is an abuse of power against even the most minor of clerical errors from mom-and-pop gun store owners, including missing a customer’s middle initial or using a state’s abbreviation rather than the state’s full name. This zero-tolerance policy is a substantial deviation from the ATF’s long history of partnering with Federal Firearm Licensees, who are America’s first line of defense for keeping guns out of the hands of criminals. Now, President Biden’s ATF is destroying people’s livelihoods for political gain and trampling on the Constitution in the process. Today, I introduced legislation to put a stop to that, create an appeals process at the ATF for Federal Firearm Licensees who have been mistreated, and clarify what constitutes a willful violation. More accountability at the ATF starts today.”

On top of clearly defining what constitutes a willful violation and allowing individuals to reapply under the new definition of “willfulness” after having their license revoked, The RIFLE Act also does the following:  

  • Ensures that the ATF works with FFLs, giving FFLs a chance to comply before ATF moves to revoke a license.
  • Allows FFLs to review and appeal ATF determinations before an administrative law judge.

“Gun Owners of America has been at the forefront of the fight to unmask the ATF’s zero-tolerance policy and has now directly challenged the implementation of it twice in court,” said Aidan Johnston, Director of Federal Affairs of Gun Owners of Amerca. “This policy is just one of the numerous intimidation tactics the Biden Administration has initiated to harass law-abiding gun owners and firearm dealers into submission, and GOA refuses to stand by and tolerate it. We urge the House to quickly act on Rep. Mann’s bill to rein in this rogue federal agency’s attacks on the Second Amendment.”

The National Rifle Association also supports this legislation.

“The Second Amendment is a load-bearing wall in our system of rights,” said Rep. Mann. “If you weaken a load-bearing wall, the entire structure is compromised. The 500% spike in FFL revocations under President Biden is unacceptable, and it’s indicative of the President’s larger strategy to chip away at the Second Amendment rights of law-abiding Americans.”  

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Ian Brannan

Ian Brannan is an independent journalist who founded The Kansas Constitutional in April 2022. His work focuses on issues including abortion, Convention of States, drug policy, education, government, LGBT issues, media, and more.

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