On April 7, 2025, ATF
announced
significant policy changes that reversed damaging attacks by the Biden
Administration on the rights protected by the Second Amendment. ATF’s
announcement include the the repeal of its administratively adopted
“adverse action policy” which was commonly referred to as its “zero
tolerance” policy. ATF also announced the “review of Final Rule
2021R-08F, related to stabilizing braces, and Final Rule 2022R-17F,
related to the definition of “engaging in the business” of firearms
dealing.”
These announcements are strong indicators that the appointments by
President Trump to the administrative agencies that are responsible for
the ATF are now forcing the agency to reconsider whether mandates issued
by the Biden Administration and regulatory changes adopted by ATF
pursuant to those mandates are having a positive effect by reversing
Biden’s open attack on our constitutional rights.
Tennessee Firearms Association and
Tennessee Firearms Foundation
have made significant investments in pending federal litigation both as
a party representing TFA member interests as well as an amicus party
often joining hands with Gun Owners of America, Gun Owners Foundation
and other like-minded advocacy groups to fight the ATF’s actions. These
announcements may signal significant victories achieved against the ATF
through the investment in this litigation.
The
Enhanced Regulatory Enforcement Policy,
aka the Zero Tolerance Policy, was a strategy announced in 2021 that
set more stringent criteria for Industry Operations compliance
inspections to identify licensees with certain qualifying violations. As
of today, this policy will be repealed, and Industry Operations
inspections will no longer be held to these previously set guidelines.
Additionally, DOJ and ATF have plans to revisit the regulatory framework surrounding stabilizing braces (
Final Rule 2021R-08F) and the definition of “engaged in the business” of firearms dealing (
Final Rule 2022R-17F).
“This Department of Justice believes that the 2nd Amendment is not a
second-class right,” said U.S. Attorney General Pamela Bondi. “The prior
administration’s ‘Zero Tolerance’ policy unfairly targeted law-abiding
gun owners and created an undue burden on Americans seeking to exercise
their constitutional right to bear arms – it ends today.”
“Today’s
repeal of the Zero Tolerance Policy and the comprehensive review of
stabilizing brace regulations and the definition of ‘engaged in the
business’ marks a pivotal step toward restoring fairness and clarity in
firearms regulation,” said Acting ATF Director Kash Patel. “We are
committed to working with all stakeholders to ensure our policies are
balanced, constitutional and protective of Americans’ Second Amendment
rights.”
The decision to review the Stabilizing Brace rule, which sought to
reclassify certain firearms as short-barreled rifles, as well as
revising the guidelines for determining who is considered “engaged in
the business” of selling firearms, reiterates constitutional approaches
to firearm regulations.
The DOJ and ATF will conduct an in-depth review over the coming
months and will engage in consultations with stakeholders, including gun
rights organizations, industry leaders and legal experts. Further
updates on the status of these reviews will be released in due course.
