Zero tolerance is defined as a policy giving the most severe punishment possible to every person who commits a crime or breaks a rule or law. Under the Biden administration’s policy targeting “rogue gun dealers,” that ultimate punishment is revocation. But what does Biden’s zero tolerance policy really mean for FFLs?

For starters, it means firearm dealers are facing greater pressure and scrutiny than ever before to stay compliant.

While compliance has always been critical to the function of any FFL, maintaining perfect compliance has become imperative under Biden’s policy. No longer can mistakes, whether intentional or unintentional, be made, overlooked, or corrected incorrectly. Just one mistake – one violation – could lose you your license.

Compliance can no longer a back seat to firearm sales, range management, membership growth, inventory procurement, or any other aspect of your business. You, your appointed Responsible Persons (RP), and your employees must put compliance above all other operations and take proactive measures to stay ahead of violations.

In the past, ATF may have discounted such violations, but under Biden’s zero tolerance policy, industry operation investigators (IOIs) have been instructed to take strict and swift corrective action. Such action has led to more revocations, putting FFLs out of business, displacing employees, and customers, and threatening the very makeup of our industry. With revocation a strong possibility every time an IOI knocks on your door, your next ATF inspection could be your last.

Inspections are also on the rise. Hindered by the pandemic in recent years, ATF has stepped up its efforts nationwide with more boots on the ground to complete more compliance audits. This not only puts dealers at greater odds of being inspected, but also of being inspected more frequently, further increasing the likelihood of committing violations and having licenses revoked.

Under Biden’s zero tolerance policy, violations could lead to losing your FFL, and if you’re not taking compliance seriously, you should be. But you don’t have to go at it alone.

Orchid Zero Tolerance Protection

At Orchid, our team of operations, technology and legal professionals understand the risks of today’s firearm businesses. For over a decade, we’ve worked with FFLs big and small to implement leading compliance best practices and software solutions to eliminate violations and protect licenses from revocation.

As we continue our Zero Tolerance Protection series, we’ll share our expertise and experience in proactive compliance as we look closer at Biden’s policy and its impact on the firearms industry, review how to avoid and correct violations, and suggest ways to protect your FFL from the risk of revocation. Follow along as we next define “willful” violation.

In the meantime, contact us today to schedule your in-person or remote mock ATF inspection, get started with leading compliance software, and enroll in an attorney-backed FFL Protection Plan. One phone call or email could protect your FFL from a zero tolerance revocation.

Next: What Are Willful Violations?
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