June 3, 2025

NSSF Welcomes Sen. Joni Ernst’s FIREARM Act

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WASHINGTON, D.C. — NSSF^®, The Firearm Industry Trade Association, welcomes the introduction S. 1922, the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act, by U.S. Sen. Joni Ernst (R-Iowa). The “FIREARM” Act would prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from shuttering Federal Firearms Licensees (FFLs) over minor clerical mistakes and allows them to correct self-reported errors.

Sen. Ernst announced the introduction of the legislation at NSSF-member Davenport Guns & Shooting Club in Davenport, Iowa.

“Senator Joni Ernst’s ‘FIREARM’ Act will ensure that future administrations cannot weaponize the ATF as a political gun control tool for special interests,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Under the Biden administration, the firearm and ammunition industry witnessed the ATF being weaponized to carry out that administration’s extreme antigun policies. That damaged the cooperative relationships between firearm retailers, who are on the frontline preventing illegal straw purchases of firearms, and the ATF, which enforces laws to safeguard our communities. NSSF is thankful for Senator Ernst’s leadership to provide remedies that repair this necessary public trust in our federal agencies.”

Specifically, the “FIREARM” Act:

• Creates a safe harbor for FFLs to self-report violations, so they can correct any accidental errors;
• Requires the ATF to work collaboratively with FFLs to fix violations and help avoid future violations;
• Addresses the “willfulness” issue by defining it to mean a voluntary, intentional violation of a known legal duty achieved through specific intent or deliberate planning, excludes previous conduct, and creates a rebuttal if the conduct is not willful; and
• Allows for direct judicial review of license revocations to avoid the ATF from serving as both the judge and prosecutor.

President Joe Biden instituted the ATF’s “Zero Tolerance” policy that put firearm businesses at risk of losing their licenses and livelihoods for minor clerical errors that were previously corrected by ATF inspectors to assist those businesses to stay compliant and within the laws and regulations governing the firearm industry. The ATF revoked 195 FFL licenses in 2024, an almost 25 percent increase from 2023 – the year NSSF deemed as devastating. ATF revoked 157 federal firearms licenses in 2023, 88 licenses revoked in 2022 and just five in the last six months of 2021.

The Trump administration, through the Department of Justice (DOJ) announced in February that the Biden-era “Zero Tolerance” policy was dead. The DOJ followed that up with an announcement that several policies were under review and “Zero Tolerance” was eliminated. Acting ATF Director Daniel Driscoll follow that up before Memorial Day with a new policy that will “promote fairness, consistency, and public safety.”

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About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

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Media contact:
Mark Oliva
202-220-1340

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