ATF Proposes to Define “Willfully” for Firearms License Revocation
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Table of Contents
The Bureau of Alcohol, Tobacco, Firearms, and Explosives has published a proposed rule that would define the word “willfully” in the context of taking away a firearms license. Under current law, neither the statute nor existing regulations spell out what “willfully” means. This has led to different courts using different definitions when deciding whether to revoke a dealer’s or manufacturer’s license.
Why it matters: The change raises the bar for the government to revoke a firearms license. Instead of relying on a lower standard that could catch honest mistakes, ATF would need to show the licensee acted with knowledge that they were breaking the law. It is mostly an administrative clarification, but it could reduce the number of successful revocation actions for minor or unintentional compliance errors.
Who it affects
- Holders of federal firearms licenses (dealers, manufacturers, importers)
This proposed rule comes from the Bureau of Alcohol, Tobacco, Firearms, and Explosives within the Department of Justice; you should check the full Federal Register document and the agency’s comment instructions before relying on it.
Agency: Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau
Source: Federal Register — read the official document