National Rifle Association spokesperson Dana Loesch cited reporting about the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) low penalty rate for firearms dealers who have violated the law, to disingenuously attack getting “the government involved,” because it’s not “doing their job.” But, Loesch ignored that the NRA championed a law that restricts the ATF's ability to regulate the sale of firearms and makes it extremely difficult for the bureau to take action against non-compliant arms dealers.
During the June 4 edition of her NRATV program Relentless, Loesch pointed to a June 3 New York Times article reporting that there were “11,000 inspections of licensed firearm dealers in the year starting in October 2016” and “more than half were cited for violations” but “less than 1 percent” actually lost their licenses. Loesch said these violations “should have resulted in actions by the agency” and that the government, which is “tasked with protecting innocents,” is “ultimately [falling] short of doing that job”:
DANA LOESCH (HOST): We’re told over and over that the solutions to all of the problems related to all forms of violence is to ban all of the things and to get the government involved. In fact, one of the favorite pastimes of the progressive left is to claim that they don’t want to repeal the Second Amendment, they just want the quote, unquote “universal background checks,” or to make sure gun sellers are held accountable for breaking the law.
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LOESCH: All of these solutions depend on the government doing its job, but the problem is that they aren’t doing their job. The New York Times is reporting that the ATF, quote, “regularly find violations of the law, ranging from minor record-keeping errors to illegal sales of firearms.” But the ATF rarely does anything about it or at least does very little. According to this report, out of the 11,000 inspections of firearms dealers, more than half had violations that should have resulted in actions by the agency but in the end, less than 1 percent resulted in any real serious consequences like a loss of a license. Combine this with the failures of the FBI to follow up on leads or federal bureaucracies that have failed to, in any way, communicate with one another in order to prevent a prohibited possessor from purchasing a firearm, as happened in Sutherland Springs, as happened in Charleston, the same disturbing picture that we saw unfold in Parkland appears. A government, tasked with protecting innocents yet preventing us from protecting ourselves, and then they ultimately fall short of doing that job.
While the Times article claimed that many ATF “supervisors downgraded recommendations that the stores’ licenses be revoked,” it also noted the bureau is tasked with proving “that store owners not only violated the law but intended to do so,” which dealers “would almost certainly appeal.”
Loesch neglected to mention that the NRA actively supported the 1986 Firearm Owners Protection Act, which mandated that the ATF prove a firearms dealer is “willfully” breaking the law when selling to a prohibited person, limited the agency to inspecting over 135,000 active federal firearms licensees once a year, and mandated that the bureau reduce the penalty for inadequate records of firearms acquisition and sale from a felony to a misdemeanor.
On the nearly 25th anniversary of the 1986 law, NRA-Institute For Legislative Action, the NRA’s lobbying arm, cheered the passing of the bill as the moment “the gun rights movement really came into its own” and “NRA-ILA and other pro-gun groups … earned their spurs.”