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Texas Gun Store Sues Biden and ATF

In the midst of how president Joe Biden pushes his public agenda to limit the legality of firearm ownership, his administration has been taking measures in the background to undermine the Second Amendment by targeting gun stores. 

However, now at least one company is trying to fight to defend itself.

Michael Cargill, a gun dealer and owner of Central Texas Gun Works in Austin, TX, and the Texas Public Policy Foundation (TPPF), is suing the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for the alleged “misusing the 1968 Gun Control Act, which regulates gun sales by focusing on inadvertent errors – such as mistaking ‘county' for ‘country'” on documents,” according to the Washington Times. The lawsuit accuses the ATF of making these mistakes in the clerical process as a reason to shut down gun shops.

Nate Curtisi, an attorney working for the TPPF said:

“The administration has started taking down licenses due to one or two of these accidental errors in hundreds of forms 4473s that will not lead to illegal possessors or criminals getting firearms. The only issue is that the administration's policy of enforcement does not follow the language that is in the Gun Control Act.”

The plaintiffs argue the ATF under  President Biden is insensitively targeting gun dealers through making use of record-keeping procedures to stop criminals from buying guns.

The Trace published last October that the ATF has revoked more than three times the number of gun dealers' licenses in 2022, as they had done in the previous year. This is due to the Biden administration's “zero tolerance” policy on establishments which offer firearms.

In the document:

“The agency has revoked the licenses of 92 dealers in 2022, about 1.3 percent of all dealers being inspected. The number more than tripled that of the licenses canceled in 2021, as the same number of dealers were examined. Another 136 dealers were subjected to warning conferences, the highest penalty that inspectors can suggest without being able to revoke.

David Chipman, a former ATF agent as well as an advisory board member of the Center for Gun Violence Solutions at Johns Hopkins University, celebrated the results. “The trendline is good,” the former ATF agent stated. “I think we have to applaud the agency for holding the industry accountable — for doing its job.”

Anyone who has an IQ greater than the temperature of the room can see that, despite the ranting of Chipman, the issue has nothing to do with being held accountable. The idea of shutting down gun dealers because of stupid clerical mistakes will not ensure anyone's safety. It'll only hinder people who are responsible to take advantage of their right to carry arms. The purpose of the ATF is to stop illicit gun trafficking. The “zero tolerance” policy is not designed to accomplish that goal. It is instead an attempt to encroach upon the Second Amendment by trying to remove companies that sell firearms.

It is reported that the Biden administration has been pushing Congress to approve anti-gun legislation in its lame-duck period prior to the time that Republicans assume control of the House next year. It's not likely this campaign will yield results. However, that doesn't mean that the White House isn't set on making use of executive power to hinder firearm ownership in any way that is possible. It is hoped that Cargill along with the TPPF will succeed by employing a legal process to hold the president accountable.

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