Comment on FR Doc # 2026-09159
Cheryl MilitelloOpposeAdvocacy
Summary: Giffords.org opposes the proposed rule because it defines "willful" violations too narrowly, which they argue gives gun stores a "free pass" for initial violations and fails to hold businesses accountable for the conduct of their employees. They argue the proposal creates a regulatory environment that does not require gun dealers to train employees on legal obligations.
Federal law says the ATF may “revoke any license it has issued if the licensee has
willfully violated any provision of the [Gun Control Act] or any rule or regulation
prescribed by the Attorney General to implement the GCA’s provisions.” Neither the Gun
Control Act nor the regulations currently define “willfully.”
● The proposed rule would define “willful” to include only deliberate violations of a legal
duty the gun dealer knows about.
● The rule would find that a licensed member of the gun industry acted willfully based on
their employee’s conduct “if, and only if,” the business had actual knowledge that their
employee violated the law and the business failed to cure the violation, concealed the
3 giffords.org
violation, or failed to take appropriate remedial or disciplinary actions against the
employee.
● While there is no explicit statutory requirement that members of the gun industry train
their employees on the law, someone who chooses to open a gun business can
reasonably be expected to educate themselves and their employees about basic legal
requirements.
● This proposal would essentially give gun stores a free pass for the first violation of the
law and relieve the ATF of its obligation to ensure that the businesses it licenses are
aware of their legal responsibilities.
● The businesses that the ATF licenses sell lethal weapons. These weapons lead to
tragedies when they fall into the wrong hands. Through this proposal, the administration
is creating a regulatory environment which neither requires gun dealers to train their
employees about their legal obligations, nor holds gun dealers accountable for violations
of those legal obligations.
● The background section incorrectly states that the “willfulness” requirement applies even
if the dealer has failed to conduct a background check. The Gun Control Act specifically
allows for license revocation if a dealer “knowingly” violated the background check
requirement.
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