Please Urge Your Member of Congress to Co-Sponsor the Bipartisan ATF Accountability Act of 2021 To Create a Transparent Appeals Process within the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Background:
In recent years, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) has expanded the issuance of inconsistent and arbitrary classification letter rulings, leaving regulated small businesses guessing as to their legal responsibilities. These non-public letters, primarily issued by the ATF’s Firearms and Ammunition Technology Division (“FATD”), are treated as binding by the agency and largely immune from public scrutiny or internal checks and balances. In practice, the agency has given FATD “experts” immense power to classify or reclassify products, sometimes owned by millions of Americans, without any public input or formal appeals process.
Real Consequences to Small Businesses and Americans:
These classification letter rulings have the ability to shutter small businesses, cost the industry billions of dollars, and create felons out of millions of Americans.
In certain instances, FATD goes so far as to issue secret classification rulings on products that ATF field divisions then use to threaten unsuspecting small businesses owners with imprisonment if such products are not recalled from consumers. In the face of criminal threats, businesses are left with little choice but to comply with ATF’s edicts, even if they are inconsistent with past rulings or contrary to law. Spending hundreds of thousands of dollars to challenge ATF’s ruling in federal district court is untenable for most American businesses.
The ad hoc issuance of letter rulings has also promoted widespread confusion amongst the industry, stifled innovation, and increased the number of submissions to FATD—resulting in a 300 case backlog. Companies will often have to wait over year to receive a response, which hinders their ability to effectively conduct business.
TAKE ACTION:
We urge you to contact your Member of Congress to support this bipartisan legislation which will establish an appeals process that brings ATF in line with most other federal regulatory bodies. By establishing an appeals process through either a regional Director of Industry Operations or an Administrative Law Judge, the ATF Accountability Act will ensure that FATD stays consistent, abides by the fundamental tenants of the Administrative Procedures Act, and hold ATF’s regulatory decision-making bodies accountable. Congress never intended for ATF to interpret criminal laws or make policy in secret. This important legislation will promote a transparent and equitable playing field for all regulated businesses.
Please Urge Your Member of Congress to Co-Sponsor the Bipartisan ATF Accountability Act of 2021 To Create a Transparent Appeals Process within the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Background:
In recent years, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) has expanded the issuance of inconsistent and arbitrary classification letter rulings, leaving regulated small businesses guessing as to their legal responsibilities. These non-public letters, primarily issued by the ATF’s Firearms and Ammunition Technology Division (“FATD”), are treated as binding by the agency and largely immune from public scrutiny or internal checks and balances. In practice, the agency has given FATD “experts” immense power to classify or reclassify products, sometimes owned by millions of Americans, without any public input or formal appeals process.
Real Consequences to Small Businesses and Americans:
These classification letter rulings have the ability to shutter small businesses, cost the industry billions of dollars, and create felons out of millions of Americans.
In certain instances, FATD goes so far as to issue secret classification rulings on products that ATF field divisions then use to threaten unsuspecting small businesses owners with imprisonment if such products are not recalled from consumers. In the face of criminal threats, businesses are left with little choice but to comply with ATF’s edicts, even if they are inconsistent with past rulings or contrary to law. Spending hundreds of thousands of dollars to challenge ATF’s ruling in federal district court is untenable for most American businesses.
The ad hoc issuance of letter rulings has also promoted widespread confusion amongst the industry, stifled innovation, and increased the number of submissions to FATD—resulting in a 300 case backlog. Companies will often have to wait over year to receive a response, which hinders their ability to effectively conduct business.
TAKE ACTION:
We urge you to contact your Member of Congress to support this bipartisan legislation which will establish an appeals process that brings ATF in line with most other federal regulatory bodies. By establishing an appeals process through either a regional Director of Industry Operations or an Administrative Law Judge, the ATF Accountability Act will ensure that FATD stays consistent, abides by the fundamental tenants of the Administrative Procedures Act, and hold ATF’s regulatory decision-making bodies accountable. Congress never intended for ATF to interpret criminal laws or make policy in secret. This important legislation will promote a transparent and equitable playing field for all regulated businesses.