February 2, 2009

Director of ATF May Now Deny, Suspend, or Revoke Federal Firearms Licenses

WASHINGTON, D.C. -- The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to delegate to the Director of ATF the authority to serve as the deciding official regarding the denial, suspension, or revocation of federal firearms licenses, or the imposition of a civil fine.

The director will have the flexibility to delegate to another ATF official the authority to decide a revocation or denial matter, or may exercise that authority himself.

Whenever the Director of Industry Operations (DIO) has reason to believe that an applicant is not qualified to receive a license, he may issue a notice of denial on ATF Form 4498 to the applicant. The notice will set forth the matters of fact and law relied upon in determining that the application should be denied, and will afford the applicant 15 days from the date of receipt of the notice in which to request a hearing to review the denial.

Federal Firearms Licenses

If no request for a hearing is filed within such time, the application will be disapproved.

An applicant who has been denied an original or renewal license can file a request with the DIO for a hearing to review the denial of the application. On conclusion of the hearing and after consideration of all relevant facts and circumstances presented by the applicant or his representative, the DIO renders a decision confirming or reversing the denial of the application.

To view an electronic version of this rule, click here.

Comments (14)

I've just gotten a denial to buy a rifle. A gun dealer phoned it in and told me over the phone it was denied. I understand I only have !5 days to file for a review. I didn't get any paper notice from the ATF, just tthat they have denied me. Where do I file and what do I file? I have no addess, no phone number. Help!

Posted by: buffoutlaw | April 5, 2009 4:21 PM    Report this comment

I've just gotten a denial to buy a rifle. A gun dealer phoned it in and told me over the phone it was denied. I understand I only have !5 days to file for a review. I didn't get any paper notice from the ATF, just tthat they have denied me. Where do I file and what do I file? I have no addess, no phone number. Help!

Posted by: buffoutlaw | March 22, 2009 4:34 AM    Report this comment

Jeff: Sorry. I guess I need to have my irony meter fixed.

Robert: Very true. I don't know how politics works, so I tend to be impatient and absolutist about gun rights. It's only one of my many character faults.

Posted by: Gaviota | February 9, 2009 9:42 AM    Report this comment

Most of those 80% were individuals who held FFL's, hard to say what percentage were actual business or just individuals who had a FFL for recreational reasons. The cost of the FFL is what drove out a lot of individuals. I believe at the time this may have been a compromise the NRA reached with law makers. Listen, I hate politics and how it works and defies logic at times, however I believe the NRA has to play the game. I believe that we are entitled to the whole 2nd amendment. Maybe the NRA has to play politics to protect the majority of it while giving in to other smaller parts. Pick your battles. I would guess the majority of us do not fully understand how Washington works, therefore we do not want compromise. This is our system of laws in this country and although it may not be perfect, I still believe this is the best in the world. Its too bad the greedy have had to stink it up.

Posted by: Robert J | February 9, 2009 7:30 AM    Report this comment

Gaviota,
80% of license holders since 1992 are now out of business? What have the 20% done to remain in business? I'd have to see the 80% broken down and then throw in the success of the 20% to arrive at a logical conclusion on what has taken place.

Posted by: JWallace | February 8, 2009 9:44 AM    Report this comment

I hereby excercise my confidential right not to release any medical records for fear my insurance company may raise my premium or disqualify me from receiving such benefits that I'm rightfully entitled to. Gaviota, it was a demonstration of humor. I'm not sure the subject line is reason for concern just yet. I'd have to see some legitmate businesses denied of license renewal before I'm concerned. All kidding aside, you do however, have a legitimate concern with the NRA. Personally, I'm going to research the John Birch Society.

Posted by: JWallace | February 8, 2009 9:35 AM    Report this comment

May I see your Psychiatry credentials, JEFF W?
What? You have none?
What is your problem? Are you congenitally incapable of making a coherent point without insulting people who are ON YOUR SIDE?

Grow the hell up, boy.

To the anonymous poster who is not "pro-stupid." I'd like to suggest that you do some research, and find out how the BATFE has been treating ALL it's licensees since 1992. Truth be told, it's been brutal. Over 80% of license holders since 1992 are now out of business, their licenses revoked, or "not renewed," which is the favorite tactic. That's 80%, not 1%. This isn't a new policy, it's the same policy with fewer protections for American citizens.

And where the hell is the NRA? We've lost hundreds of thousands of licensees in the last 16 years, and I've never received an answer from the NRA about what they're doing about it, only more fundraising letters threatening total loss of my rights unless I send them more money. What good will my rights be if I can't find a gun dealer, can't buy guns, and can't buy ammo?

Why the hell won't the NRA listen to me and the other Life Members who want to know what they're doing?

Posted by: Gaviota | February 6, 2009 9:06 PM    Report this comment

"Director of ATF May Now Deny, Suspend, or Revoke Federal Firearms Licenses": which THEY issue! You would have thought that would have been the case all along! Less than 1% of all license holders have over HALF the illegal guns traced back to them, yet only now can ATF pull their licenses?
I'm pro-gun, but I'm not pro-stupid! This is not a policy I'm opposed to.

Posted by: Unknown | February 6, 2009 11:28 AM    Report this comment

canovack is right, the NRA is the big dog in this fight. I see some negative comments in these posts about the NRA, and I understand that they may not be 100% for everyone, however they are the best thing going in Washington to stand up for our gun rights. There are other great organizations also, however they just don't have the power the NRA has right now. I know that some do not like the politics the NRA plays at times, but that's the game. JEFF W, guilty on both counts.

Posted by: Robert J | February 6, 2009 6:49 AM    Report this comment

As a conservative, law abiding, hunter, and senior citizen I just want to stay informed as to what the anti-gun crowd in Congress and the White are deceitfully doing to us.

Posted by: Texan | February 5, 2009 5:28 PM    Report this comment

We can't jump to conclusions yet. The article didn't state what disqualifies an individual. Let me google it and return. Okay, it appears there are two main reasons for disqualification. 1. Posting negative comments on GunReport.com and 2. Individuals that demonstrate patterns of schizophrenia. Well, the first one eliminates me and the second one eliminates all three above. :)

Posted by: JWallace | February 5, 2009 2:22 PM    Report this comment

OK, guys (and gals).....Here it comes again:
I told you so! Washington sources are telling us that only hours after his inauguration, BHO
had put out directives to gin up his anti-Second Amendment programs. No surprise here!

Posted by: canovack | February 5, 2009 12:44 PM    Report this comment

I'm waiting for Obama to make Bloomberg the Director of ATF.

Posted by: Robert J | February 5, 2009 10:17 AM    Report this comment

Here it comes.

How are the BATFEces going to justify their grossly bloated budget after they've administratively eliminated every gun store in the US?

Or are they capable of thinking that far ahead?

Posted by: Gaviota | February 4, 2009 6:46 PM    Report this comment

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