CAUGHT: Biden’s ‘AFT’ Secretly Changing Rules To Revoke Firearms Licenses

ATF Agent NRA-ILA
New Leak Shows ATF Changing Secret Rules To Make It Easier To Revoke FFLs

WASHINGTON, D.C. -(AmmoLand.com)- A Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) leak shows that the organization is changing its secret rules regarding guns sellers to make it easier for the government to strip firearms dealers of their federal firearms license (FFL).

In 2020, Gun Owners of America (GOA) filed a Freedom of Information Act (FOIA) request with the ATF. The gun-rights group asked the agency to provide a copy of ATF O 5370, entitled “Federal Firearms Administrative Action Policy and Procedures.” This document lays out the administrative remedies for violations found during an ATF inspection of a licensed firearms dealer.

The ATF has long tried to prevent the document from seeing the light of day.

After much stalling, the ATF begrudgingly turned over the heavily redacted version of the document to GOA. Still, the federal agency redacted almost all of the valuable information the FOIA request. Some of the missing information includes what violations could cause the dealer to lose their FFL.

ATF Response ATF O 5370 Federal Firearms Administrative Action Policy and Procedures 1D – Redacted

The ATF did not know when it turned over the document to GOA that AmmoLand News had already obtained an unredacted copy of the secret document from our sources from deep within the Bureau.

Also, in February, the ATF launched the Firearms Compliance Inspections website, which lists some reasons that the ATF will revoke a license of a firearms dealer. The reasons listed on the website are incomplete when compared to the actual Federal Rules detailed in ATF O 5370.

For example, according to the ATF site, if a dealer refuses to allow an Industry Operations Inspector (IOI) to do an inspection, then the FFL would be revoked according to the site. In reality, according to the ATF O 5370 document, that would only be the case during the seller’s business hours that they provided to the ATF during their application phase of their FFL. Suppose an IOI wanted to do an inspection outside the dealer’s business hours. In that case, the document instructs them to call the dealer via phone and arrange a mutually agreeable time to inspect the seller’s books. There are several other reasons the ATF list on its site that would cause the agency to revoke a license.

These include the following:

  • Transferring a firearm to a prohibited person.
  • Failing to conduct a required background check.
  • Falsifying records.
  • Failing to respond to a trace request.

The problem is these reasons do not line up with the actual rules laid out in ATF O 5370, entitled “Federal Firearms Administrative Action Policy and Procedures.” [unredacted version embedded below] It seems like the rules on the website have been truncated to remove several qualifiers. A gun buyer can use a concealed handgun permit (CHP) to purchase a firearm instead of the dealer running a background check in many states. If the CHP holder has become a prohibited person since acquiring the permit, it could jeopardize the dealer’s license even though the dealer is complying with the Brady Act. A previous leak obtained by AmmoLand News showed that IOIs have started running retroactive background checks using the FBI’s National Instant Criminal Background Check System (NICS) on gun buyers that purchased firearms using a CHP.

The Actual Federal Rules for revoking a license according to ATF O 5370 are as follows:

  • Refused ATF right of entry and inspection during hours of operation at the licensed premise.
  • Transferring a firearm to a prohibited person WHILE knowing or having reasonable cause to believe that the transferee is a prohibited person
  • Failing to conduct a required background check AND the purchaser is prohibited.
  • Falsifying records
  • Failing to respond to a trace request AND is a repeat violation.

Biden Administration Playing Dirty with ‘AFT’

AmmoLand News first thought that the difference could be an oversight, but our internal ATF contacts have also provided us with a memo, dated July 14, 2021, from Acting Assistant Director (Field Operations) George Lauder to all Special Agents in Charge(SAIC) and all Directors of Industry Operations (DIO) that showed that the differences are not an oversight.

According to the memo, the changes are a part of the Biden “Administration’s Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety.”

President Biden has called for a crackdown on “rogue” deal dealers, and the secret changes to the hidden rules seem to be a way of lightening the burden of proof that the government needs to revoke a gun dealer’s license. The changes have been made without any oversight leading a lot in the gun community to wonder if this is another example of an out-of-control agency.

The memo also requires all field divisions to harass, er.. utilize “Crime Gun Intelligence Analytics (CGIA) and other data-driven tools in determining the prioritization of inspection resources.”

These factors include:

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.

AmmoLand News reached out to the ATF for comment but did not get a response before publication.

GOA — ATF FOIA Request ATF O 5370 Federal Firearms Administrative Action Policy and Procedures

ATF Response ATF O 5370 Federal Firearms Administrative Action Policy and Procedures 1D – UNRedacted

 


About John Crump

John is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or www.crumpy.com.

John Crump

0 0 votes
Article Rating
72 Comments
Inline Feedbacks
View all comments
[W3]

I worked at a privately operated detention center for about 16 years. During that time we held well over 100 federal inmates at a time. Most of those inmates were presentenced individuals awaiting sentences on plea bargained guilty pleas on mostly conspiracy charges. These inmates had not been convicted of felonies on federal charges. I had conversations with many of these folks, and the majority of them said that they plead guilty to crimes that they did not commit in order to protect their families from federal harassment. I heard the following from almost everyone of those inmates, “I agreed… Read more »

JSNMGC

We have a former government employee here who says all you need to do is hire a high school civics teacher for a few bucks to get you out of those kinds of cases and that people who are unwilling to fight the government and risk everything are sissies.

Do you have a response for that guy?

Tackleberry

I’m sure your guy could give a few tips to General Flynn’s legal team.

JSNMGC

Ha!

Not my guy. He has a bad habit of blaming victims and he has no flying idea how much a good legal team costs – especially when government employees conspire, lie, destroy evidence, and fabricate evidence.

He is good at STOmpiNG aroUND Loudly and BaRKING though!

Russn8r

I know two of those victims.

Tim

The old Double Secret Probation trick rides again, even as fed agency after fed agency is found violating laws in the pursuit of …

hoss

Mark Levin got it right, American Marxism is alive, and well.

JimmyS

It isn’t really Marxism. It’s just treasonous criminality. No point in making it an ideological debate when the whole slough of them at traitors who have earned their executions, were there any ACTUAL LEOs in the nation.

Oldman

Have got to disagree with you. Have you read Levin’s book? The Marxism in the USA has been operating for well over 60 years and is now coming to fruition. Now that they have pretty much taken over higher learning they are going full bore on the K-12 students. If we don’t recognize and call attention to their actions, it won’t be long before we have the Gulags, where the inmates will be doing all the work for the whole nation in support of the Proletariat, which, if you understand Communism is a very select few in the party. They… Read more »

GunnerUSMC

As an FFL holder for over 20 years, I find none of these rules constrain my business. I have had 6 compliance inspections and never had an issue. Obey the rules and law as written and you will not have any worries about having your FFL canceled.

Neanderthal75

I find it absolutely incredulous that you cannot see the difference in tone from both the administrative process side within the atf, and certainly from the Biden Administration, concerning severe lack of honesty on their parts, and a malevolent intent towards honest and innocent people. Your attitude reminds me of the Kapos in the Warsaw Ghetto during World War II; they were the Nazis police force of Jews policing other Jews. The Kapos were brutal in how they treated other Jews, and for their brutality and in some cases mere compliance of ratting out other Jews, they got better living… Read more »

Russn8r

Good. Authority grovelers like you don’t get my business.

American Cynic

And so the real question remains… knowing full well that a gun does not shoot itself, but in the act of a violent crime, requires a criminal to pull the trigger; what is the real motive behind gun control? Laws and regulations do not prevent criminals from obtaining and using firearms in the commission of a crime, is the real motive to disarm freedom loving law abiding American citizens? The long term political agenda of Leftists is that of a CCP style totalitarian government, here in the United States. Unfortunately for them, they can’t realize their wet dream, as long… Read more »

Last edited 6 months ago by American Cynic
JimmyS

America was never a democracy. The Founding Fathers thought the idea ridiculous and appalling. The Greeks who invented the concept considered democracy worse than any other form of government, better only than utter chaos.

So you are stupid and ignorant, but want to claim the moral high ground. Seems like you’re also a hypocrite, given your criticism of stupid and ignorant leftists who also want to claim the moral high ground.

Country Boy

I don’t want a Democracy. I want to keep our Republic. The Republic our Founding Fathers and my ancestors secured for us. Democracy was what they left behind.

Last edited 5 months ago by Country Boy
Jeffersonian

Let’s all remember this the next time Ammoland posts a string of BATFE press releases.

JSNMGC

I encourage Ammoland to post BATFE press releases about their enforcement actions. They usually indicate that the enforcement action started with a contact from local LE (frequently “red state” LE), or the enforcement action was accomplished with the cooperation of local LE.

Keep the spotlight on what is going on.

Neanderthal75

Despite the Himalayan size amount of evidence illustrating that there are literally thousands of sheriffs across this country who strongly back the second amendment, which evidence you shy away from like a plow horse from a work collar, I see you still have a hard on for your staunchly anti local LEO. Try a change of pace and get honest for just once will you? Because considering the evidence that you won’t go near, will not address in any honest fashion, this repetitive bleating against local Leos is getting more than a little tiresome! You want to lie to yourself,… Read more »

JSNMGC

Did you ever watch the testimony of the Wyoming Highway Patrol, Wyoming Police Chiefs, and Wyoming Sheriffs regarding the 2nd Amendment Preservation Act? The testimony in which they indicated they wanted to cooperate with federal enforcers to enforce the new federal gun laws that are coming and if a law was passed indicating they were prohibited from doing so, they did not want to be held personally liable if they violated that law? You know, the video when they joined forces with Moms Demand Action and Evertytown for Gun Safety to defeat the bill? Have you watched videos of Wyoming… Read more »

JSNMGC

No, you haven’t watched it? I’m not anti-local LEO. I support all good LEOs. That video was damning and the sheriff for the county in which you live signed the document that was referenced. When it serves their purposes (not the communities’) they are very good at organizing and being politically active. Some sheriffs in other states have put out positive announcements and I will compliment them if they actually do the right thing when put to the test. It’s not hard to imagine how they will be compromised. You keep saying I’m beating a dead horse. People come on… Read more »

Russn8r

Bullshit. Even most Dems claim to “support 2A”. Most “pro-2A” LEOs will Just Follow Orders to enforce federal gun controls, as evidenced by the fact that every “pro-2A” sheriff in Wyoming was simply horrified by concept that they should be held accountable in any way for helping their federal “partners” enforce unconstitutional gun controls. They killed the real 2A sanctuary law and passed a toothless one.

Capn Dad

It would be prudent to remember that no unconstitutional law perpetrated by communist politicians, no illegal alien crossing our border, no denial of the Bill of Rights could be possible without a cop with a badge and a gun enforcing the will of the enemies who now occupy our government. Its not the coward politician one needs to fear. Its the LEO who enforces the coward politicians will. I dare say all LEO’s, when asked about enforcing laws they don’t agree with, will respond with “I’m just doing my job”. The paycheck over rules their sense of patriotism.

Neanderthal75

Theoretically speaking you are correct; any law that is unconstitutional is not to be obeyed by anyone with a badge, or any citizen. However, if you are going to remain constitutional yourself, there is another branch of government called the judiciary which is supposed to determine what is constitutional and what is not constitutional. What you are suggesting, is that each and every individual reject that branch of government, that is the judiciary, and implement their own individual determinations as to what is constitutional and what is not constitutional, why did judicial system is still pertinent, functioning, and extant. I… Read more »

Russn8r

Excellent deflection & excuse-making for JBTs. Good use of strawman arguments too. A+ Leftist techniques! The oath is to defend the Constitution. If the Framers meant “mindlessly OBEY all orders & judicial decrees however patently unconstitutional or unconscionable”, they would’ve written that. “Personal interpretation” is a strawman. The framers were clear that the courts were not to be the sole & final arbiter of constitutionality. When courts issue clearly subversive rulings, it’s every citizen’s right and every officer’s duty to disobey. That doesn’t mean it’s always safe or wise to do so. Sadly, righteous civil disobedience risks having their lives… Read more »

Capn Dad

You totally missed the point.

Russn8r

It’s called evasion

Tionico

tjatwaswasOT foght””over a tea tax” of any amount. Nope. It was fought over disarmement s the immedite issue, and a general objection to the policy of the Brits who maintained policies of ” having amind to tell us how we should live, when we had a mind that they wouldn’t”. The issue was not the ONE percent tax on the stale tea shipped unasked for to the rebellious colonists, it was about the fact that the three masters/owners of those three privately owned cargo ships had been told they could NOT debark the cargo without THEM paying the tax on… Read more »

Country Boy

when the entire government and every one in is corrupt beyond recognition, voting does little good, no matter who voted for who.

JPM

No surprise here. Business as usual at the BATFE. They’ve been doing this crap for as long as there has been a BATFE.

Arizona

Teach the young how to shoot and maintain firearms, and pass them down within the family, along with the tradition of expanding your ammo supply monthly. Make sure they are ready for what comes next.

swmft

teach them to make whatever they need, cnc is nice but old school even works on steam

Ansel Hazen

Why are we waiting? There’s enough hardware in the hands of the right people to deal with this problem and all the others right now.

JSNMGC

Everyone is waiting for you to make your call to Tester’s office and then they will follow you into battle against rural sheriffs and other militiary veterans/active duty military.

JSNMGC

Downvoters – who do you think you will be fighting in your “civil war” or “revolutionary war” or “war against the blue helmets” or whatever else you keep talking about, Robert Francis?

Russn8r

Chatroom Commandos are a vindictive bunch.

JSNMGC

There are some who are too afraid to make a phone call to the office of a Democrat politician who is teetering on whether to vote for the most anti 2nd amendment BATFE Director of all time. But, they come on the internet and talk endlessly about some war they are waiting for others to start. The “war” they will see is their local “red state” sheriff cooperating with federal enforcers to enforce never-ending gun control. They will be handcuffed in the back of the squad car telling war stories from a half a century ago to their fellow veterans… Read more »

Russn8r

Perfect.

Neanderthal75

Since America is such a horrifically bad place, how soon can the rest of us expect you to leave this land of turmoil and head to the Nirvana that you believe surely must exist somewhere?

JSNMGC

America is a great place, but it is continuing to slide because not enough people push back on enforcers that will enforce almost any law (and frequently will enforce things that are not law).

Neanderthal75

And there you go again flagellating that poor deceased equine!

Russn8r

Tell it to folks beaten nearly to death, dreams looted-burned while THE BLUE Just Fuck1ng Observed.

Tell it to Rittenhouse

Last edited 5 months ago by Russn8r
Neanderthal75

You’re always such a ray Sunshine!

JSNMGC

The truth isn’t always pretty. When discussing politics and never-ending gun control and the people who enforce it, would you rather I make-up stories about the valiant “red state” enforcers serving the residents by protecting them from federal enforcers?

Or, make up stories about the 82nd Airborne protecting hurricane survivors from the Oklahoma National Guard and enforcers from California and New Orleans?

Would that make you feel better?

Last edited 6 months ago by JSNMGC
Russn8r

Go for it!

Arizona

Ansel, People are waiting as they aren’t upset enough, and keep taking more and more abuse, loss of their rights and loss of freedoms. Once people see risking their comfy lifestyle is necessary, and worth it, then that changes. Unfortunately, history shows most people are cowards and perpetually hopeful that things will simply correct themselves without their having to risk anything.

JSNMGC

Or, once government employees realize there is something worse than losing their government job.

Russn8r

I think you’re too optimistic. The same self-centered people got us in this mess, who wouldn’t bother to sacrifice time or money to peacefully save the USA when it involved no risk, who wouldn’t bother to be effectively active in elections, are not going to step up violently. Too many chatroom commandos, talking heads & authors bloviating in echo chambers, who can’t be bothered to pick up the phone & pressure Tester, or list contact info & talking points, or lead by example by volunteering, donating & highlighting key viable conservative campaigns. They haven’t the first idea how campaigns work… Read more »

Last edited 6 months ago by Russn8r
Arizona

I think you didn’t read my entire comment. As I closed the prior comment, most people are cowards and won’t risk anything. And absolutely, if they won’t make phone calls or do simple things like volunteer or show up at an event or office, they certainly won’t fight.

Russn8r

You’re right. I read it too fast. Great comment. I can’t edit mine now, but if I could I’d replace the first sentence with “Yep.”

Last edited 6 months ago by Russn8r
Arizona

Its all good. Have a nice weekend.

Russn8r

You too. I’m going to make another call to one of Tester’s local offices, leave a message, then run some errands.

RoyD

Why would I show up at an “event or office” when all my local, State, and Federal representatives all espouse the same take on things that I do. Of course: YMMV.

Arizona

I’m glad your reps espouse your beliefs. They need to see and feel your support. Showing up isn’t just to protest or present a difference of opinion. It can also be what’s needed to keep them engaged and know they are appreciated.

Russn8r

That’s very valuable, but with limited time, energy & money, I seek out the most effective marginal use of them. It’s a trade off. I can’t do everything, so I’d rather lobby vulnerable & therefore potentially receptive senators to keep the filibuster & defeat Chipmonk, bounce America-Last Rs in primaries, donate to key general elections where grabbers are vulnerable, send effective action alerts to my list, etc.

What’s YMMV supposed to mean? RoyD’s cryptic references are too cute by half.

Last edited 6 months ago by Russn8r
RoyD

I am surprised, no, shocked that you are not acquainted with “YMMV.” Of course it stands for “Your Mileage May Vary.” Surely I don’t have to explain that, do I?

Russn8r

Don’t be a douche. I know it’s hard for you to imagine that not everyone knows your cute little net boy abbreviations.

RoyD

Your response makes me curious as to your exposure and grasp of American language and culture. Hmmm.

Russn8r

Weak. Typical rrhoid snipp.

RoyD

I will admit that it has been intimated at times that I don’t pat people on the back as often as they probably wish to be patted on the back. I am my Father and Mother’s child.

Russn8r

You’re just cuter than a buttload of rrhoids, RoyD.

Neanderthal75

You have some superbly excellent blinders on! You are so convinced that your positions are correct, and that you’ve examined your positions to see if there are any flaws, that you know for a fact that you considered all the aspects and that you are right! Tester has proven again and again that he is bought and paid for by the socialists who run the Democrat Party. He believes that the strongholds of socialism in Montana, namely the university cities; Missoula and Bozeman and Billings will keep him in his seat, along with all that reelection money that comes from… Read more »

JSNMGC

So, you didn’t call Tester.

Russn8r

More self-serving excuses for dereliction of your duties as a citizen.

Neanderthal75

It’s even more basic than that: until people see that they are going to be victimized no matter what they do, in some way shape or form, and or they see their family members threatened, they will not see a positive side to Rebellion. It’s basic math: do the negatives outweigh the positives, or in other words, do the depredations against an individual and his family cross a certain point where it doesn’t matter what the person does, they’re still going to be persecuted? It is this point that becomes the moment of leverage for most people. When we get… Read more »

JSNMGC

Victimized by whom? Robert Francis?

Neanderthal75

Because the judicial and political systems are still operating at above 50% in the right direction! When you start seeing atf, fbi, the rest of the federal alphabet agencies in conjunction with bad local Leos, that will be the moment that things will come to a head! Because when this happens, did judicial system will no longer be operating at least half the time in our favor and the politicians well, we know about them already. Just stay prepared. The socialist in charge of the Democrat Party have no self restraint, socialist judges also have no restraint. Like the man… Read more »

Green Mtn. Boy

Elections have consequences and when the Communists are put in charge theStasi runs wilds anyone really surprised.

RoyD

As night follows day.

JSNMGC

People continue to blindly support today’s Red Guard and The People’s Commissariat for Internal Affairs, despite all evidence that they shouldn’t support them (as a group). Rural sheriffs repeatedly attempt to enforce non-existent laws that other government employees fabricate. They will send six of their employees (half their department) to enforce the feelings of other government employees. Is there any doubt they will enforce actual laws (such as the requirement to register semiautomatic rifles)? Don, the former Washington state police officer, has specifically said enforcers should enforce all gun laws including registration. He indicates he is pro 2nd Amendment. Can… Read more »

JimmyS

In charge? Some of us are free, and some of you are apparently serfs.

Elections only matter to serfs.

When you understand that, you will also be free.

Russn8r

Ballad of the Chatroom Commando Jimmy Zulu, was a poseur, He Tiger-Talked, through the net. And Jimmy Zulu, in his mind He carried ever-where. He was poseur mad This chatroom lad Says he packs his gatt through TSA, And they don’t say shit cause he ain’t no slave. Way, away, away rode the rebel, Jimmy Zulu. And he searches the net To entrap some chumps Writing checks with his mouth to cash with your ass Cause he had figures that you been pushed enough, the poseur. He was Tiger Talk mad, This poseur lad, With a dream he would hold… Read more »

Russn8r

Hey Tiger, do you have to click your heels 3x or just BELIEVE you’re free to carry on flights?

Last edited 5 months ago by Russn8r