Date Filed: October 19, 2022
Original Court: U.S. District Court for the Western District of Texas
Case Status: Victory
In 2021, President Biden announced a new “zero tolerance” policy, leading the ATF to revoke federal firearms licenses over the simplest paperwork errors. But the federal Gun Control Act only allows license revocations for “willful” violations of the law. Previously, ATF worked collaboratively with the firearm industry to address paperwork and recordkeeping errors through education or short-term suspensions. The Zero Tolerance policy resulted in an estimated five-fold increase in license revocation.
CAF sued the ATF on behalf of Austin gun store owner Michael Cargill, alleging the Zero Tolerance policy was illegal because it misinterpreted the term “willful” violation. A willful violation has long been understood to require the person to know they are violating the law. It does not apply to honest mistakes.
Thanks to the hard work of TPPF attorneys, ATF quietly issued new enforcement guidance, abandoning the Zero Tolerance policy in favor of the decades-long understanding that honest mistakes do not qualify for revocation under the Gun Control Act.
Case Documents:
Plaintiff’s Response to Motion to Dismiss
Magistrates Order Recommending Denying Order to Dismiss
Order Adopting Magistrates Recommendation
Plaintiff’s Motion for Summary Judgement
Defendants’ Motion for Summary Judgement
Order Granting Motion to Dismiss