Comment on FR Doc # 2026-09159

● 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