NSSF® has learned of a recent ATF internal memorandum that we wanted to share with our members:
On June 23, 2021, President Biden and Attorney General Garland announced the Administration's Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety. ATF's role in the Strategy is essential, and includes refocusing our FFL inspection and administrative action policies. As we have previously discussed, to ensure ATF effectively executes our role in the Strategy, effective immediately, all Field Divisions shall implement the following:
1) Field divisions shall in all instances utilize Crime Gun Intelligence Analytics (CGIA) and other data driven tools in determining prioritization of inspection resources. The factors that shall be considered include, but are not limited to, the following:
a. The extent to which firearms sold by the dealer are later used in criminal activity:
b. The time between the sale of a firearm and its use in a crime;
c. The number of recoveries associated with shootings, domestic violence, and other violent offenses; and
d. Additional information developed by local law enforcement partners.
2) Absent extraordinary circumstances, an inspection that results in a finding that an FFL has willfully committed any of the following violations shall result in a revocation recommendation:
a. The transfer of a firearm to a prohibited person;
b. Failing to conduct a required background check;
c. Falsification of records, such as a firearms transaction form;
d. Failing to respond to an ATF tracing request;
e. Refusing to permit ATF to conduct an inspection in violation of the law.
ATF will be amending ATF O 5370. l D, Federal Firearms Administrative Action Policy and Procedures to incorporate these requirements. The updated Order will also set forth revised procedures for processing FFL inspections that result in findings of violations listed above or other violations that merit revocation, but that may warrant an alternate recommendation after consideration of whether extraordinary circumstances exist. Inspections where the Director, Industry Operations determines an alternate recommendation to revocation is appropriate shall continue to be routed to the Deputy Assistant Director Industry Operations, Office of Field Operations DAD(IO). The DAD(IO) will approve or deny the recommendation and advise the field division, accordingly. The circumstances of those cases will be briefed to the ATF Director each month during the Director's Monitored Case Briefings.
Additionally, FFL inspections conducted in states that separately license firearms dealers that result in violations of state law or revocation, shall be shared with the regulatory counterpart in that state. Any questions about what information can be shared outside ATF should be routed to Division Counsel.
If you have any questions, please contact Chief Field Management Staff, Kyle Lallensack, at (414) 305-3660.
