Thursday, December 7, 2023

ATF Withdraws Attempt to Revoke Florida Gun Store’s FFL Following Legal Action

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has withdrawn its attempt to revoke the federal firearms license (FFL) of Kiloton Tactical, LLC. This action came after Gun Owners of America (GOA) assisted the gun store in suing the government over President Joe Biden's zero-tolerance policy for minor infractions. The case, titled Kiloton Tactical, LLC v. ATF, has garnered attention as part of a broader conflict between the ATF and firearms dealers.

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An ATF inspector had seized Kiloton Tactical’s records, including its bound book and completed ATF Form 4473s containing customer information, which was a violation of federal law. The law stipulates that the seizure of such records requires copies to be provided to the licensee within a reasonable time.

The ATF's revocation effort was reportedly due to minor paperwork errors, reflecting the agency's increased pace in revoking FFLs under Biden's zero-tolerance policy. Many gun dealers believe this policy has led to an adversarial stance by the ATF against gun stores.

The ATF's decision to drop the revocation against Kiloton Tactical is seen by some as an attempt to avoid legal scrutiny over its zero-tolerance policy. This pattern of action was also observed in another case involving GOA, where the ATF reversed a revocation decision against Morehouse Enterprises after legal intervention.

Despite the renewal of Kiloton Tactical’s FFL and the withdrawal of the revocation threat, the plaintiffs are continuing their legal fight. They are seeking a preliminary injunction against the zero-tolerance policy. The ATF, however, argues that there is no longer a case for irreparable harm since the revocation threat is removed and claims the plaintiffs are challenging the Bureau’s authority to inspect and enforce regulations in gun stores.

The ATF suggests that Kiloton Tactical could have used the agency's administrative procedures to contest the revocation but chose to file a lawsuit instead. According to the ATF, "There is accordingly no license revocation to enjoin, nor any other imminent, irreparable harm to Kiloton that could justify a preliminary injunction.”

The court is set to decide on the preliminary injunction in the coming weeks. This lawsuit is one among several challenging President Biden's zero-tolerance policy, with another notable case led by Eric Blandford of IraqVeteran8888.

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