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Is Congress Powerless to the ATF?

November 29, 2007

If you are a dealer and find yourself in the cross hairs of the ATF, your first response is to contact your Senator and/or Representative. However most dealers are getting a rude awakening; when your congressional delegates contact the ATF, they will quickly be told that they cannot discuss it because they are in the middle of an investigation.

This "investigation" lasts from when they notify you that they have decided to revoke your license and then through your anything-but-fair appeal process. Your next step is Federal Court, where the ATF will then tell your reps that they cannot interfere because it is now in the court process.

Consider this if your are having issues with the FCC, EPA, IRS, FAA or nearly any other government agency; you can contact your Congressman and they can begin inquiries. Not with the ATF, they have figured out all the angles to shut dealers down. Here are some of their tactics:

Claim that the dealer has numerous WILLFUL violations; either the dealer will keep quiet and not report what is going on or they will speak out and face a general public and customers who will already have judged them; assuming the worst because the ATF would not revoke a license over clerical errors...right?
Claim that the dealer is a threat to public safety and not allow them to acquire any more firearms, cutting them off from being able to operate their business
Allow the dealer to appeal the ATF's decision...to the ATF. In fact you are appealing to the same Director of Industry Operation that made the decision to revoke your license in the first place, who will not second guess their own decision. Is this fair...no, but according to Acting ATF Director Michael J. Sullivan, it is meaningful opportunity to be heard.

There are some options, if there are continuous reports of abuse to Congress, reports of abuse to the Inspector General and an outcry from citizens; they will begin to conduct hearings and this will impact their budget. Unfortunatly

Furthermore, right now we have an opportunity to have our Senators deny the confirmation of an Acting Director who has shown no indication of wanting to stop the abusiveness of this agency that is intent on shutting down the firearm industry.

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